Authoritative and wide-ranging, this book examines the history of western linguistics over a 2000-year timespan, from its origins in ancient Greece up to the crucial moment of change in the Renaissance that laid the foundations of modern linguistics. Some of today's burning questions about language date back a long way: in 1400 BC Plato was asking how words relate to reality. Other questions go back just a few generations, such as our interest in the mechanisms of language change, or (...) in the social factors that shape the way we speak. Vivien Law explores how ideas about language over the centuries have changed to reflect changing modes of thinking. A survey chapter brings the coverage of the book up to the present day. Classified bibliographies and chapters on research resources and the qualities the historian of linguistics needs to develop, provide the reader with the tools to go further. (shrink)
Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime-- Commentaries is at (...) last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason. (shrink)
This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability and reason, fostering (...) a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy. Natural Law Theories in the Early Enlightenment has been selected as the winner of the annual Morris D. Forkosch Prize for the best book in intellectual history published in 2000. (shrink)
The study of natural law theories is presently one of the most fruitful areas of research in the studies of early modern intellectual history, and moral and political theory. Likewise the historical significance of the Enlightenment for the development of `modernisation' in many different forms continues to be the subject of controversy. This collection therefore offers a timely opportunity to re-examine both the coherence of the concept of an `early Enlightenment', and the specific contribution of natural law theories to (...) its formation. The works of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius are reassessed, and the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside - such as in the Huguenot diaspora - is evaluated. This volume will therefore be of importance to all those readers concerned to study the character of the debates in the period 1650-1750 surrounding moral and political agency, sovereignty and obligation, and the legitimation of religious toleration in the divergent states and patriotic contexts of Europe. (shrink)
To answer the question of what difference the philosophy of history makes to the philosophy of law this paper begins by calling attention to the way that Ronald Dworkin's interpretive theory of law is supposed to upend legal positivism. My analysis shows how divergent theories about what law and the basis of legal authority is are supported by divergent points of view about what concepts are, how they operate within social practices, and how we might best give account of (...) such meanings. Such issues are widely debated in the philosophy of history but are often overlooked in jurisprudential circles. When the legal positivist approach to meanings is contrasted with Dworkin's interpretivism it is clear that what is needed is an alternative to both, in the form of what we might call "historical meanings" and "historical interpretation". While Dworkin's interpretivism gets it right that legal positivism is an inadequate philosophy of law to the extent that it is committed to a "criterial semantics" view of concepts, this paper argues that post-positivism in the philosophy of law need not entail a normative jurisprudence, as Dworkin would have it. (shrink)
This major contribution to the history of philosophy provides the most comprehensive guide to modern natural law theory available, sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment. The time span covered is considerable: from the natural law theories of Grotius and Suarez in the early seventeenth century to the American Revolution and the beginnings of utilitarianism. After a detailed survey of modern natural law theory, the book (...) focuses on the Scottish Enlightenment and its European and American connections. Knud Haakonssen explains the relationship between natural law and civic humanist republicanism, and he shows the relevance of these ideas for the understanding of David Hume and Adam Smith. The result is a completely revised background to modern ideas of liberalism and communitarianism. (shrink)
From the Reformation to the present, German political philosophy has done much to shape the contours of theoretical debate on politics, law, and the conditions of political legitimacy; many of the most decisive and influential theoretical impulses in European political history have originated in Germany. Until now, there has been no thorough history of German political philosophy available in English. This book offers a synoptic account of the main debates in its evolution. Commencing with the formal reception of (...) Roman law and the constitutional reforms in the Holy Roman Empire in the late fifteenth century, German Political Philosophy includes chapters on: · the political ideas of Luther, Zwingli and Melanchthon in the Reformation; · the natural-law theories of the early German Enlightenment; · Kant, Hegel and the age of German idealism; · romanticism and historicism; the Young Hegelians and Karl Marx; · legal positivism and organic theory; · Nietzsche, Weber and early sociology; · neo-Kantianism in the late nineteenth century; · constitutional theory in the Weimar Republic; · the critical theories of the Frankfurt School; · post-1945 sociological functionalism; · Niklas Luhmann's systems theory. At the heart of this book is the claim that, despite - or perhaps because of - the great upheavals and ruptures in the history of state-formation in Germany, there are certain recurrent themes and concerns which persist through these discontinuities to give a distinctive character to German political reflection. This valuable book will be of great interest to political philosophers, intellectual historians, lawyers, and historical sociologists.'. (shrink)
Henry Hansmann has claimed we have reached the “end of history” in corporate law, organized around the “widespread normative consensus that corporate managers should act exclusively in the economic interests of shareholders.” In this paper, I examine Hansmann’s own argument in support of this view, in order to draw out its implications for some of the traditional concerns of business ethicists about corporate social responsibility. The centerpiece of Hansmann’s argument is the claim that ownership of the firm is most (...) naturally exercised by the group able to achieve the lowest agency costs, and that homogeneity of interest within the ownership group is the most important factor in achieving lower costs. He defends this claim through a study of cooperatives, attempting to show that homogeneity is the source of the competitive advantage most often enjoyed by shareholders over other constituency groups, such as workers, suppliers and customers, when it comes to exercising control over the firm. Some business ethicists, impressed by this argument, have taken it to be a vindication of Milton Friedman’s claim that profit-maximization is the only “social responsibility” of management. I would like to suggest that this conclusion does not follow, and that the “Hansmann argument” lends itself to a less minimalist view, what I refer to as a “market failures” approach to business ethics. (shrink)
This series of three articles describes the history of land law shared by the British and American legal systems, and how and why these legal traditions have diverged from each other in modern times. This Article - part 1 in this series - describes the emerging customs and laws regarding land rights among early inhabitants of Britain, and how succeeding invasions and occupation by Celtic, Roman, Germanic, and Norman peoples altered these customs and laws. The Article details the profound (...) changes in land law worked by massive economic changes in early British society, including sociological occurrences such as the Black Death, and the adoption of laws, such as the Statute of Uses in 1536. (shrink)
The literature of American legal history is primarily a history of federal and state governments, creating the false impression that these governments have produced and enforced all relevant law. Indeed, there seems to be a widely held belief that law and order could not exist in a society without the organized authoritarian institutions of the state. But while law can be imposed from above by some powerful authority, like a king, a legislature, or a supreme court, law can (...) also develop "from the ground" (Berman, 1983, p. 274), as a result of a recognition of mutual benefits, through exchanged agreements (explicit or implicit contracts) to obey and participate in the enforcement of such law. (shrink)
In this book, Buckle provides a historical perspective on the political philosophies of Locke and Hume, arguing that there are continuities in the development of seventeenth and eighteenth-century political theory which have often gone unrecognized. He begins with a detailed exposition of Grotius's and Pufendorf's modern natural law theory, focussing on their accounts of the nature of natural law, human sociability, the development of forms of property, and the question of slavery. He then shows that Locke's political theory takes up (...) and develops these basic themes of natural law. The author argues further that, rather than being a departure from this tradition, the moral sense theory of Hutcheson and Hume represents a not entirely successful attempt to underpin the natural law theory with an adequate moral psychology. (shrink)
Beyond geometry : Leibniz and the science of law -- The force of law : will -- Leibniz's systema iuris -- From the gesetzbuch to the landrecht : the ALR and the triumph of legality -- The rule of law : the Crown Prince lectures and the grounding of legality in order and security -- From reason to history : Savigny's system and the rise of social legal science -- The Bürgerliches Gesetzbuch (BGB) of 1900 : positive legal science (...) and the end of justice. (shrink)
David Hume’s legal theory has normally been interpreted as bearing close affinities to the English common law theory of jurisprudence. I argue that this is not accurate. For Hume, it is the nature and functioning of a country’s legal system, not the provenance of that system, that provides the foundation of its authority. He judges government by its ability to protect property in a reliable and equitable way. His positions on the role of equity in the law, on artificial reason (...) and the esoteric nature of the law, and on the role of judges in the legal system are all at odds with those of the common lawyers. (shrink)
After briefly sketching an historical account of criminal law that emphasizes its longstanding reach into social, commercial and personal life outside the core areas of criminal offenses, this paper explores why criminal law theory has never succeeded in limiting the content of criminal codes to offenses that fit the criteria of dominant theories, particularly versions of the harm principle. Early American writers on criminal law endorsed no such limiting principles to criminal law, and early American criminal law consequently was substantively (...) broad. But even with the rise of theories in the mid-nineteenth century that sought to limit criminal lawâs reach, codified offenses continued to widely and deeply regulate social life and exceed the limits of those normative arguments. This essay suggests that this practical failure of criminal law theory occurred because it was never adopted by an institutional actor that could limit offense definitions in accord with normative commitments. Legislatures are institutionally unsuited to having their policy actions limited by principled arguments, and courts passed on the opportunity to incorporate a limiting principle for criminal law once they began, in the Lochner era, actively regulating legislative decisions through Constitutional law. The one avenue through which criminal law theory has had some success in affecting criminal codes is through the influence of specialized bodies that influence legislation, especially the American Law Institute advocacy of the Model Penal Code. But the institutional structure of American criminal law policymaking permits an unusually small role for such specialized bodies, and without such an institutional mechanism, criminal law theory is likely to continue to have little effect on actual criminal codes. (shrink)
Introduction: making the invisible visible -- The nobility of the material -- Research at war -- The guilded age of research -- The doctor as whistle-blower -- New rules for the laboratory -- Bedside ethics -- The doctor as stranger -- Life through death -- Commissioning ethics -- No one to trust -- New rules for the bedside -- Epilogue: The price of success.
Introduction -- Saint Thomas : putting nature into natural law -- Maritain and the love for the natural law -- The new natural law and evolutionary natural law -- International human rights, natural law, and Locke -- Conclusion : evil and the limits of the natural law.
Unit I. Fundamental characteristics of the common law. The source of law -- The jury -- The adversary system of trial -- Retroactivity: a return to stare decisis -- Unit II. The courts and their jurisdiction. Court systems in the United States -- Court system in England -- Unit III. Constitutional law. Judicial review -- Equal protection -- Freedom of speech -- Appendix I. Constitution of the United States -- Appendix II. Table of Supreme Court cases -- Appendix III. Common (...) case citations. (shrink)
Legal orientalism -- Making legal and unlegal subjects in history -- Telling stories about corporations and kinship -- Canton is not Boston -- The District of China is not the District of Columbia -- Colonialism without colonies.
The Euthyphro problem and the natural law : an investigation of some aspects of the medieval debate on natural law -- Aristotle : natural law and man in the "metaxy" -- St. Thomas Aquinas : the "lex naturalis" -- Thomas Hobbes : The state of nature and natural rights -- John Locke : natural law, natural rights and God -- Concluding remarks and a heavenly dialogue.
In this book, S. A. Lloyd offers a radically new interpretation of Hobbes's laws of nature, revealing them to be not egoistic precepts of personal prudence but rather moral instructions for obtaining the common good.
According to the tradition of natural law justice is inherent to, and should always be observed in, all interpersonal relations: the science of natural law is nothing more or less than the expression of such principles of justice. The theoretical peculiarities that crop up regarding the lawfulness of appropriation are determined by the indirect interpersonal relations that take place within the process of appropriation: though appropriation is an action directed not towards another person or his property, but towards tangible external (...) goods, this action may have important consequences for other people. Therefore Locke's theory of appropriation is a theory of justice.Locke's solution is made possible by the methodological improvement which allows a clear separation between the natural law and the historical and empirical conditions of its application: this improvement is a consequence of the distinction between modes and substances established in Locke's Essay. (shrink)
The objective of this paper is to balance two major conceptual tendencies in science policy studies, continuity and discontinuity theory. While the latter argue for fundamental and distinct changes in science policy in the late 20th century, continuity theorists show how changes do occur but not as abrupt and fundamental as discontinuity theorists suggests. As a point of departure, we will elaborate a typology of scientific governance developed by Hagendijk and Irwin ( 2006 ) and apply it to new empirical (...) material. This makes possible a contextualization of the governance of science related to the codification of the “third assignment” of the Swedish higher education law of 1977. The law defined the relation between university science and Swedish citizens as a dissemination project, and did so despite that several earlier initiatives actually went well beyond such a narrow conceptualisation. Our material reveals continuous interactive and rival arrangements linking the state, public authorities, the universities and private industrial enterprises. We show how different but coexisting modes of governance of science existed in Sweden during the 20th century, in clear contrast with the picture promoted by discontinuity theorists. A close study of the historical development suggests that there were several periods of layered governance when interactions and dynamics associated with continuity as well as discontinuity theories were prevalent. In addition, we conclude that the typology of governance applied in the present paper is fruitful for carrying out historical analyses of the kind embarked upon in spite of certain methodological shortcomings. (shrink)
Donagan has argued (a) that the covering law model of explanation does not apply in certain cases in historical explanations; (b) that situational logic explanations do apply, and (c) that situational logic explanations are fundamentally different from covering law explanations. It is argued that (b) is false as Donagan construes situational logic explanations. Once situational logic explanations are correctly construed they are similar to Hempel's rational explanations in covering law forms — hence (c) is false if situational logic explanations are (...) correctly interpreted. Finally it is argued that one major reason Donagan gives for (a) is mistaken. (shrink)
Early modern natural law and the law of nations (jus naturae et gentium) has been criticised for the Eurocentric character of its conception of law and justice, which has been in turn linked to its role in providing an ideological justification for European imperialism and colonialism. In questioning this account, the present chapter begins by noting that this historical critique presumes that a non-Eurocentric (universal or cosmopolitan) conception of law and justice was in principle available to the early moderns, which (...) they culpably ignored for ideological reasons. If such a non-Eurocentric conception was not available, though, then we will have to acknowledge that the early modern law of nature and nations was actually far more profoundly Eurocentric than even its most strident postcolonial critics have grasped. If the early modern law of nature and nations turns out to be wholly within the horizon of European cultures and designed to address fundamentally European political and religious problems, then its colonial uses might turn out to be both less central and less culpable than is presumed by postcolonial critique. These are the revisionist questions that the chapter explores. (shrink)
A new edition of the first systematic reading of Hegel's political philosophy Elements of the Philosophy of Right is widely acknowledged to be one of the most important works in the history of political philosophy. This is the first book on the subject to take Hegel's system of speculative philosophy seriously as an important component of any robust understanding of this text. Key Features •Sets out the difference between 'systematic' and 'non-systematic' readings of Philosophy of Right •Outlines the unique (...) structure of Hegel's philosophical arguments •Explores key areas of Hegel's political philosophy: his theories of property, punishment, morality, law, monarchy, war, democracy and history This significantly expanded second edition includes: a more detailed explanation of Hegel's philosophical system, two new chapters on his theories of democracy and history and an appendix detailing the implications this work has for future interpretations of Hegel's philosophy. (shrink)
The dominant and deceptively simple theme of this book is the relationship between the moral environment of the courtroom and that of the society in which the court is situated. Like other Past and Present conference proceedings, the volume ranges widely across time and space, from ancient Greece to twentieth-century Africa. As a consequence, it encompasses not only the highly professional legal systems of the Roman, later medieval and modern worlds, but also the relatively unprofessionalised courts of classical Athens and (...) of the early middle ages and the alien, imposed legal systems of colonial Rhodesia and Kenya. The Moral World of the Law is based upon papers delivered at the conference of that name, sponsored by the journal Past and Present and held at the University of Birmingham in 1996. (shrink)
Halakhah and ethics in the Jesus tradition -- Matthew's divorce texts in the light of pre-rabbinic Jewish law -- Let the dead bury their dead : Jesus and the law revisited -- James, Israel, and Antioch -- Natural law in Second Temple Judaism -- Natural law in the New Testament? -- The Noachide commandments and New Testament ethics -- The beginning of Christian public ethics : from Luke to Aristides and Diognetus -- Jewish and Christian public ethics in the early (...) Roman Empire. (shrink)
The philosophical and natural law basis of the American order: remote and immediate ancestors -- The declaration and its constitution: linking first principle to necessary means -- A structurally-divided, but workable, government -- A limited government of enumerated power -- A government mindful of dual sovereignty -- A fair government -- A government commitment to freedom -- A government commitment to equality -- A government of imperfect knowledge of inkblots, liberty and life itself.
Justice at Nuremberg traces the history of the Nuremberg Doctors' Trial held in 1946-47, as seen through the eyes of the Austrian bliogemigrbliogé psychiatrist Leo Alexander. His investigations helped the United States to prosecute twenty German doctors and three administrators for war crimes and crimes against humanity. The legacy of Nuremberg was profound. In the Nuremberg code--a landmark in the history of modern medical ethics--the judges laid down, for the first time, international guidelines for permissible experiments on humans. (...) One of those who helped to formulate the code was Alexander. Justice at Nuremberg provides a detailed insight into the origins of human rights in medical science and into the changing role of international law, ethics and politics. (shrink)
Emergence of the modern science of international law is usually attributed to Grotius and other somewhat heroic ‘founders of international law.’ This book offers a more worldly explanation why it was developed mostly by German writers ...
The use of general and universal laws in historiography has been the subject of debate ever since the end of the nineteenth century. Since the 1970s there has been a growing consensus that general laws such as those in the natural sciences are not applicable in the scientific writing of history. We will argue against this consensus view, not by claiming that the underlying conception of what historiography is—or should be—is wrong, but by contending that it is based on (...) a misconception of what general laws such as those of the natural sciences are. We will show that a revised notion of law, one inspired by the work of Sandra D. Mitchell, in tandem with Jim Woodward’s notion of “invariance,” is indeed applicable to historiography, much in the same way as it is to most other scientific disciplines. Having developed a more adequate account of general laws, we then show, by means of three examples, that what are called “pragmatic laws” and “invariance” do in fact play a role in history in several interesting ways. These examples—from cultural history, economic history, and the history of religion—have been selected on the basis of their diversity in order to illustrate the widespread use of pragmatic laws in history. (shrink)
The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. (...) Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and new chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject. (shrink)
The Stoic Idea of the City offers the first systematic analysis of the Stoic school, concentrating on Zeno's Republic . Renowned classical scholar Malcolm Schofield brings together scattered and underused textual evidence, examining the Stoic ideals that initiated the natural law tradition of Western political thought. A new foreword by Martha Nussbaum and a new epilogue written by the author further secure this text as the standard work on Presocratic Stoics. "The account emerges from a jigsaw-puzzle of items from a (...) wide range of authorities, painstakingly pieced together and then annotated in a series of appendixes, the whole executed with fine scholarship, clarity, and good humor."-- Times Literary Supplement. (shrink)