Some notices to Thibaut's Science of Pandects. For A. F. J. Thibaut, the main concern was a "philosophical" approach to the interpretation and systematization of the positive Roman Law in his time. In his eyes, the object of a subjective right is an action, not a thing or person. Therefore he was cautious not to use abstractions, definitions, and deductions from "dreamt" postulates. Regarding the logical texture of an institute of private law as a "Gestalt", it follows that the "equity (...) of the reason," of a law, for different cases, is the same thing as that "Gestalt". The "philosophical" interpretation of a law is then an interpretation in respect to its "Gestalt". Although Thibaut's main concern was the interpretation of the positive Roman Law in his time (the "Gemeinrecht") he did not disregard the history of Roman Law before and especially after Justinian. (shrink)

The current rise in malpractice litigation has led to concern in the research community as to the prospect of litigation against researchers. Clearly as the responsibility for the day-to-day conduct of the research falls upon the researchers they will be potentially liable should there be negligence in the conduct of the research project itself. But to what extent can the research ethics committee and its members be held liable should harm result to the research subject? How far does the prospect (...) of the threat of litigation equate with the reality of the prospect of liability? Although the NHS research governance framework suggests that primary responsibility for the conduct of the trial is with the researcher this does not mean that REC members will be immune from actions in tort where research subjects suffer harm in the conduct of a research project approved by their NHS REC. This paper focuses upon the prospect for liability in the law of tort of NHS RECs and their members. While in practice the vast majority of such claims are unlikely to be successful members of RECs may incur resultant legal costs as a consequence of involvement in proposed litigation. It is submitted that the scope of indemnity provision provided to RECs and their members should be precisely determined, otherwise there is a real prospect that the risk of malpractice litigation may deter individuals from serving on such committees. (shrink)

This completes what I think one may state and defend on physical grounds concerning the foundations of Astrology and the coming year 1602. If those learned in matters of Physics think them worthy of consideration, and communicate to me their objections to them, for the sake of eliciting the truth, I shall, if God grants me the skill, reply to them in my prognostication for the following year. I urge all who make a serious study of philosophy to engage in (...) this contest. For it concerns our worship of God and the welfare of the human race. Meanwhile, I pray from the depths of my soul, through Christ our mediator, that for all and for each the coming year may be a very happy one. (shrink)

The aim of this investigation is to discuss the merits of the three radically divergent views as to the nature and function of the categories held by Kant, Ward and Alexander.

In Cratylus 385 b-c Plato argues that if statements () can be true or false, names (),2 as parts () of statements, are also capable of being true or false. From Aristotle onwards this view has often been challenged,3 and R. Robinson put the case against it trenchantly when he wrote:4 This argument is bad; for names have no truth-value, and the reason given for saying that they do is a fallacy of division. No one in the dialogue points out (...) that it is bad. … Nevertheless it is fairly probable that Plato saw or at least felt that it is a bad argument, quite different in quality from those he later produces against the nature-theory. (shrink)

In Cratylus 385 b-c Plato argues that if statements () can be true or false, names (),2 as parts () of statements, are also capable of being true or false. From Aristotle onwards this view has often been challenged,3 and R. Robinson put the case against it trenchantly when he wrote:4This argument is bad; for names have no truth-value, and the reason given for saying that they do is a fallacy of division. No one in the dialogue points out that (...) it is bad. … Nevertheless it is fairly probable that Plato saw or at least felt that it is a bad argument, quite different in quality from those he later produces against the nature-theory. (shrink)

This dissertation seeks to contribute to research in the philosophy of social science. The study focuses upon select epistemological and ontological aspects of Hannah Arendt’s work from which methodological implications are drawn pertaining to sociology. Arendt, although critical of the sociology of her time, has become increasingly cited and influential for emerging sociological research and this study seeks to contribute to this by focusing upon the problem of novelty. The aim is to explore the philosophical and methodological implications of novelty (...) for social science by working through three case studies that are theoretically pivotal for social science—action, the ‘social’, and the self—in terms of novelty as expressed in Arendt’s writing. Arendt is critical of methodology and epistemology, aiming to draw her readers to ontological concerns outlined from her preoccupation with the 'world' and social reality. In this aim, Arendt seeks to distance herself from social sciences that she claims ignore human novelty in favour of reading social regularities, tendencies and similarities. Despite her disdain for method, Arendt suggests a anti-methodological 'method' (outlined in an overlooked footnote) for keeping trained upon and for dealing with novel, anomalous events. In the seed of this method lies a unique opportunity for social science to reassess and extend its methods, addressing this oversight and in so doing bring to light the novel social object as a legitimate subject of social research. (shrink)