The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with (...) clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.Readership: Students of law, philosophy, politics, and social sciences, as well as general readers interested in the foundations of justice and its role in society. (shrink)

The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.

What is privacy? Why do we need it and value it so much? This Very Short Introduction examines why privacy has become one of the most important topics in contemporary society. Considering issues of privacy in relation to security, the protection of personal data, and the paparazzi, its implications are wide-ranging and affect us all.

What is law? Does it have a purpose? What is its relationship with justice? Do we have a moral duty to obey the law? These sorts of questions lie at the heart of jurisprudence. Moreover, every substantive or 'black letter' branch of the law raises questions about its own meaning and function. The law of contract cannot be properly understood without an appreciation of the concepts of rights and duties. The law of tort is directly related to several economic theories (...) of compensation. The criminal law is inextricably linked to philosophies of punishment? Understanding Jurisprudence explores these problems and provides an engaging introduction to the central issues of legal theory. The book navigates the reader through legal philosophy's fundamental concepts, concerns, and controversies. An experienced teacher of jurisprudence and distinguished writer in the field, Professor Wacks adopts an approach that is easy to follow and understand without avoiding the complexities and subtleties of the subject. Students of law, politics, philosophy, and other social sciences will find this an ideal guide to the essential themes of contemporary jurisprudence. Online Resource Centre A free online resource accompanies the book and provides the following resources: Analysis of current controversies of a jurisprudential nature such as current legal and moral controversies and political debates An additional chapter providing guidance and advice on the study of jurisprudence An interactive glossary of key terms relating to legal theory Further reading, including links to full text journal articles Questions and answers Useful Web links to support learning. (shrink)

This lively and accessible introduction to the social, moral, and cultural foundations of law takes a broad scope-- spanning philosophy, law, politics, and economics, and discussing a range of topics including women's rights, racism, the environment, and recent international issues such as the war in Iraq and the treatment of terror suspects. Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. Referring (...) to key thinkers from the classical world to the modern, he looks at the central questions behind legal theory that have always fascinated lawyers and philosophers, as well as anyone who ever wondered about law's relation to justice, morality, and democracy. (shrink)

Professor Raymond Wacks breaks down the leading theories of justice and illustrates how present-day challenges, like terrorism and migration, affect our fundamental notions of fairness and democratic freedoms.

Raymond Wacks is Emeritus Professor of Law and Legal Theory at the University of Hong Kong.

The paper addresses the question of judges' moral responsibility in an unjust society. How is the "moral" judge to reconcile his perception of justice with a malevolent law? Upon what grounds might judges, and perhaps other public officials, be held morally responsible for their acts or omissions? Does a positivist approach yield a more satisfactory resolution than a natural law or Dworkinian analysis? Could inclusive positivism offer any clues as to how this quandary might be judiciously resolved?

Acknowledged as perhaps _the_ masterpiece of materialist criticism in the English language, this omnibus ranges over British literary history from George Eliot to George Orwell to inquire about the complex ways economic reality shapes the imagination.

Artistic Medium Artistic medium is an art critical concept that first arose in 18th century European discourse about art. Medium analysis has historically attempted to identify that out of which works of art and, more generally, art forms are created, in order to better articulate norms or standards by which works of art and art … Continue reading Artistic Medium →.

The question of the ethical life is arguably one of the most compelling, and urgent, questions of our time. As Peter Singer, among others, has pointed out, almost 10 million children die each year due to poverty, some of whom would not die if the amount of aid that we now offer increases significantly. As Singer has also pointed out, the exploitation of human beings and other animals is a major ethical and practical concern. There can be little reasonable doubt (...) that pain and suffering abound, in the world today, due to many causes such as poverty, disease, environmental degradation and destruction and anthropocentrism among others, just as there can be little reasonable doubt that some of the pain and suffering is preventable. So, what does it mean to live ethically today? Does it mean taking the point of view of the universe, as Sidgwick put it, memorably, rather than a narrow anthropocentric or speciesist view? Does it mean living in accordance with duties or obligations, or in light of recognised virtues, or with the minimisation of pain and suffering primarily in mind? Does it entail a consideration of the interests of other species and a rejection of the principle of the sanctity of human life? Does it mean not eating animals when other healthy alternatives are available, especially when those animals have been treated in ways that are inconsistent with their interests, whatever they may be? Does it mean taking active steps to reduce poverty on our part on a day to day basis? Is ethics exhausted in some sense today? And if we could reach some consensus on these questions, what difference would the ethical life make? Some argue that speciesism and the exploitation of human beings and other animals might diminish; that pain and suffering, especially gratuitous pain and suffering, would decrease, or at the very least, not increase; or that we will become more aware of the limitations of things such as "the traditional ethic of the sanctity of life", as Singer calls it. Some argue that the ethical life is closely related to a life of relationships, reflection and deliberation, all of which deepen our understanding and enrich us personally. Others argue that the ethical life is closely related to our search for a meaningful life - that the ethical life can help us to find meaning in a world in which "meaning", defined broadly, can seem elusive, enigmatic or unsubstantial. These and related issues and questions are explored in this collection, which illustrates the relevance, vitality and dynamism of ethics today. (shrink)

Treating mathematical science as a distinct cultural entity subject to environmental factors which influence its evolution, the author examines the creation and development of its major concepts since early times.

The disease of love appears in an unbroken chain of medical treatises stretching from sixth-century Byzantium through the Middle Ages to post-Renaissance Western Europe. Lovesickness, known variously as amor eros, amor heros, or amor hereos in medieval Latin medical texts, has attracted the attention of literary scholars because many of its symptoms correspond to conventional signs of love in medieval literature. According to George Lyman Kittredge, “What to the physician were symptoms … became, in the chivalric system, duties — ideals (...) of emotion which the true lover must live up to, and which the hypocrite takes pains to counterfeit.” In the late thirteenth century the Catalan physician Arnald of Villanova explicitly compared the disease of love and feudal service in his Tractatus de amore heroico. He claimed that this love “is called heroic as though lordly , not only because it befalls lords, but also either because it dominates, subjugating the soul and ruling a man's heart, or because the acts of such lovers toward the desired object are similar to the acts of servants toward their lords.”. (shrink)

Treating mathematical science as a distinct cultural entity subject to environmental factors which influence its evolution, the author examines the creation and development of its major concepts since early times.

Raymond Durgnat here examines literally hundreds of films in an effort to isolate universals of the language of films and to loft their poetics to an articulate level.

After a century of major technicaladvance, essentially achieved by and for theindustrialized countries, the evolution of thefood sector in southern countries should nolonger be thought of in terms of a ``headlongpursuit.'' In the present context of demographicgrowth, urbanization, poverty and disparities,environmental degradation, and globalization oftrade, new priorities have emerged, and newethical questions have been raised, mainlyrelated to sustainability and equity. Thispaper analyses these ethical concerns in thefollowing terms: can the model of food sectordevelopment initiated by the industrializedcountries be applied to (...) the entire world on asustainable and equitable basis, given theeffects of this development with regard to theenergy consumed, the changes in dietarybehavior and related nutritional problems, thenew demands in terms of food safety, thequestions of biodiversity, ownership ofknowledge, cultural identities, gender issues,and Man's relationship to food and Nature? (shrink)

CHAPTER I CLAUDE FLEURY AND HIS CAREER Claude Fleury (-), an educator, historian , jurist, cleric, royal tutor, and immortel of the ...

Artistic Medium Artistic medium is an art critical concept that first arose in 18th century European discourse about art. Medium analysis has historically attempted to identify that out of which works of art and, more generally, art forms are created, in order to better articulate norms or standards by which works of art and art … Continue reading Artistic Medium →.

This is a comprehensive study of the English word 'or', and the logical operators variously proposed to present its meaning. Although there are indisputably disjunctive uses of or in English, it is a mistake to suppose that logical disjunction represents its core meaning. 'Or' is descended from the Anglo-Saxon word meaning second, a form which survives in such expressions as "every other day." Its disjunctive uses arise through metalinguistic applications of an intermediate adverbial meaning which is conjunctive rather than disjunctive (...) in character. These conjunctive uses have puzzled philosophers and logicians, and have been discussed extensively under such headings as "free choice permission." This study examines the textbook myths that have clouded our understanding of how or and other "logical" vocabulary comes to have something approaching its logical meaning in natural languages. It considers the various historical conceptions of disjunction and its place in logic from the Stoics to the present day. (shrink)

Recipient of Choice Magazine's 1996 Outstanding Academic Book Award Author Raymond Morrow outlines and recounts the development of the major tenets of critical theory, exemplifying them through the works of two of their most influential, recent adherents: Jürgen Habermas and Anthony Giddens. Beginning with a comprehensive yet meticulous explication of critical theory and its history, the author next discusses it within the context of a research program; his work concludes with an examination of empirical methods. Emphasizing the connections between (...) critical theory, empirical research, and social science methodology, Morrow's volume offers refreshing insights on traditional and current material. (shrink)

Raymond Callahan's lively study exposes the alarming lengths to which school administrators went, particularly in the period from 1910 to 1930, in sacrificing educational goals to the demands of business procedures.

The philosophy of computer science is concerned with issues that arise from reflection upon the nature and practice of the discipline of computer science. This book presents an approach to the subject that is centered upon the notion of computational artefact. It provides an analysis of the things of computer science as technical artefacts. Seeing them in this way enables the application of the analytical tools and concepts from the philosophy of technology to the technical artefacts of computer science. With (...) this conceptual framework the author examines some of the central philosophical concerns of computer science including the foundations of semantics, the logical role of specification, the nature of correctness, computational ontology and abstraction, formal methods, computational epistemology and explanation, the methodology of computer science, and the nature of computation. The book will be of value to philosophers and computer scientists. (shrink)

object an item which does not have a position in space and time but which exists. (Philosophers have nominated such things as numbers, sets, and propositions to this category. The need to posit such entities has been discussed and disputed for at least 2400 years.).

Distinguished French sociologist Raymond Boudon presents here a critical theory history of the concept of ideology. His highly original and lucidly argued study addresses the core question of any account of ideology. How do individuals come to adhere to false or apparently irrational beliefs, and how do such beliefs become collectively accepted as true? Boudon begins by providing an exhaustive and subtle critique of sociological explanations of ideology from early conceptions to its current usage in the works of Barthes, (...) Foucault, Habermas, Sartre, and others. He then offers his own interpretation of the origins and emergence of ideological beliefs. In opposition to those views which associate ideology with irrationalism, Boudon shows that ideologies are a natural ingredient of social life; he develops a rationalist theory that helps to explain why certain ideas are believed by individuals and thereby effective in the social world. Finally, he examines case studies of two modern-day ideologies--developmentalism and Third Worldism. Moving easily across disciplinary boundaries, Boudon's provocative contribution to a subject of growing significance will be of great interest to scholars in sociology and social theory, as well as philosophy, political science, and development studies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reconquest Colonialism and Andalusī Narrative Practice in the Conde LucanorDavid A Wacks (bio)In the tenth century, when Cordova was the richest and most populous city in Europe, and the Umayyad Caliphate was setting the standard for cultural florescence in the Islamic world, a group of Christian nobles in the rocky precincts of northernmost Spain sought to expand their territorial holdings southward, into al-Andalus. Their aim was to unseat (...) Islamic political power on the Iberian Peninsula, and they sought to authorize this project by discrediting Muslim leaders as the usurpers of lands to which the Christians were rightful heirs. In their view, Christian conquests of al-Andalus were the recuperation of lands that, in the eyes of God himself, belonged to them.Spanish culture as we know it today is the product of this medieval frontier society, in which Christians and Muslims—during a span of some 700 years—continuously negotiated a political border that was culturally quite porous. By the middle of the thirteenth century, Christian rulers had gained control of the large majority of the Iberian Peninsula, including the populous and important cities of Cordova and Seville in the south. The Christians who populated these newly conquered lands found themselves in close contact with a sizeable population of Andalusī Muslims (and Jews and Christians) who had remained. The conquering Christians were great consumers of Andalusī culture in general, especially arts and sciences, and even literature. At the same time, they viewed Islam, the dominant religion of al-Andalus, as a purely illegitimate basis for political power and social organization. If the official narrative of Reconquest argues for tidy cultural purity and conformity, the reality on the ground is, in contrast, a messy and emergent pluralism, one that resonates with early modern and modern colonial experiences.1While medievalists have been slower to embrace postcolonial theoretical approaches than their colleagues working on modern and contemporary texts, they have begun to adapt the ideas of thinkers such as Fanon, Memmi, Bhabha, Spivak, and others to medieval European perceptions of and experience in the East.2 However, it is curious [End Page 87] that Hispanists (with what may be the sole exception of David Hanlon) have completely avoided reading the Christian conquest of al-Andalus as a colonial project. Despite the substantial differences between medieval and modern colonialisms as regards political reality, public discourse, and the construction of subjectivity, one may safely argue that the Christian conquests of al-Andalus were a colonial endeavor, one of several studied by historians of medieval Europe.3 The case of medieval Christian Iberian colonialism was distinct from other medieval colonialisms (such as French and English crusading in the Middle East) in that it contributed fundamentally to the formation of a Spanish national identity, and served as a domestic proving ground for the conquest of Spanish territories in the Americas.Don Juan Manuel, author of the Conde Lucanor (1340) [CL],4 was the most powerful nobleman of his time. He held extensive lands in Murcia, which retained a far higher proportion of its preconquest Muslim population than did neighboring Castile and Leon [O’Callaghan, History 459]. While his military and political career depended on eradicating Islam from the Iberian Peninsula, he earned his literary renown—in part—by imitating and incorporating Andalusī narrative tradition and history into his own writings. In Juan Manuel’s adaptation of the frametale genre, the CL, this dissonance between the religious and political agendas of the Reconquest manifests in narrative. If the CL shows us the ideology of the Reconquest, it also offers the reader a reflection of the more complicated and nuanced reality of daily life and human behavior characteristic of Reconquest-era Castile-Leon [Linehan, “At the Spanish Frontier” 53]. In it, Juan Manuel distills the political realities, religious discourse, and cultural interaction of the time into the first original frametale in any European vernacular.5Juan Manuel’s religious agenda and frontier political philosophy come across quite clearly in the 50 exemplos of the CL. The idea of the Christian nobleman’s duty to wage war against Islam permeates the work, most starkly in these words of the Count’s advisor Patronio: “... Dios vos poblo... (shrink)

Cognitive theories of metaphor understanding are typically described in terms of the mappings between different kinds of abstract, schematic, disembodied knowledge. My claim in this paper is that part of our ability to make sense of metaphorical language, both individual utterances and extended narratives, resides in the automatic construction of a simulation whereby we imagine performing the bodily actions referred to in the language. Thus, understanding metaphorical expressions like ‘grasp a concept’ or ‘get over’ an emotion involve simulating what it (...) must be like to engage in these specific activities, even though these actions are, strictly speaking, impossible to physically perform. This process of building a simulation, one that is fundamentally embodied in being constrained by past and present bodily experiences, has specific consequences for how verbal metaphors are understood, and how cognitive scientists, more generally, characterize the nature of metaphorical language and thought. (shrink)

Cognitive theories of metaphor understanding are typically described in terms of the mappings between different kinds of abstract, schematic, disembodied knowledge. My claim in this paper is that part of our ability to make sense of metaphorical language, both individual utterances and extended narratives, resides in the automatic construction of a simulation whereby we imagine performing the bodily actions referred to in the language. Thus, understanding metaphorical expressions like ‘grasp a concept’ or ‘get over’ an emotion involve simulating what it (...) must be like to engage in these specific activities, even though these actions are, strictly speaking, impossible to physically perform. This process of building a simulation, one that is fundamentally embodied in being constrained by past and present bodily experiences, has specific consequences for how verbal metaphors are understood, and how cognitive scientists, more generally, characterize the nature of metaphorical language and thought. (shrink)

The American Journal of Bioethics, Volume 12, Issue 9, Page 6-7, September 2012.

Legal information certification and secured storage combined with documents electronic signature are of great interest when digital documents security and conservation are in concern. Therefore, these new and evolving technologies offer powerful abilities, such as identification, authentication and certification. The latter contribute to increase the global security of legal digital archives conservation and access. However, currently used cryptographic and hash coding concepts cannot intrinsically enclose cognitive information about both the signer and the signed content. Indeed, an evolution of these technologies (...) may be necessary to achieve full text researches within hundreds or thousands of electronically signed documents. This article aims at describing a possible model along with associated processes to create and make use of these new electronic signatures called “meaningful electronic signatures” as opposed to traditional electronic signatures based on bit per bit computation. (shrink)

The possibility of a love strong enough to overcome the corruption and violence of the world of film noir is a promise that frequently seduces the protagonist, but it ultimately proves to be illusory—and often fatal. Many film noirs share three major elements with Veronica Mars: a corrupt world in which the story is set; a love interest; and protagonist who becomes obsessed with uncovering the truth whatever the costs. The centerpiece of Veronica Mars's transformation of the film noir paradigm (...) is making the noir detective a teenage girl. In film noir the inhabitants of a corrupt world attempt to free themselves from bad situations but find themselves doomed to fail. One of the most radical and interesting ways in which Veronica Mars reimagines the genre is by reversing the genders between the film noir's protagonist and its femme fatale. (shrink)

In saying that meaning is a physiognomy, Wittgenstein invokes a philosophical tradition of critical physiognomy, one that developed in opposition to a scientific physiognomy. The form of a critical physiognomic judgment is one of reasoning that is circular and dynamic, grasping intention, thoughts, and emotions in seeing the expressive movements of bodies in action. In identifying our capacities for meaning with our capacities for physiognomic perception, Wittgenstein develops an understanding of perception and meaning as oriented and structured by our shared (...) practical concerns and needs. For Wittgenstein, critical physiognomy is both fundamental for any meaningful interaction with others and a capacity we cultivate, and so expressive of taste in actions and ways of living. In recognizing how fundamental our capacity for physiognomic perception is to our form of life Wittgenstein inherits and radicalizes a tradition of critical physiognomy that stretches back to Kant and Lessing. Aesthetic experiences such as painting, poetry, and movies can be vital to the cultivation of taste in actions and in ways of living. (shrink)

This handbook for advanced students explains the various applications to music of methods derived from linguistics and semiotics. The book is aimed at musicians familiar with the ordinary range of aesthetic and theoretical ideas in music; no specialized knowledge of linguistic or semiotic terminology is necessary. In the two introductory chapters, semiotics is related to the tradition of music aesthetics and to well-known works like Deryck Cooke's The Language of Music, and the methods of linguistics are explained in language intelligible (...) to musicians. There is no limitation to one school or tradition; linguistic applications not avowedly semiotic, and semiotic theories not connected with linguistics, are all included. The book gives clear and simple descriptions with ample diagrams and music examples of the 'neutral level', 'semiotic analysis', transformation and generation, structural semantics and narrative grammar, intonation theory, the ideas of C.S. Peirce, and applications in ethnomusicology. (shrink)