Selected by Choice magazine as an Outstanding Academic Title In The Politics of Jurisprudence, Roger Cotterrell offers a concise introduction to and commentary ...

The aim of this article is to describe and defend jurisprudence as an enterprise of theorising about law that is distinct from what is now understood as legal philosophy in the Anglophone world. Jurisprudence must draw on legal philosophy but also from many other resources. It should be an open quest for juristically significant insights about law. Its purpose is to inform and guide the juristic task of making organised social regulation a valuable practice, rooted and effective in the specific (...) contexts and historical conditions in which it exists but also aimed at serving demands for justice and security through regulation, as these perennial values are understood in their time and place, and as they might be further clarified and reconciled as legal ideals. (shrink)

Law's Community offers a distinctive analysis of law, identifying political and moral problems that are fundamental to contemporary legal theory. It portrays contemporary law as institutionalized doctrine, emphasizing ways in which legal modes of thought influence wider currents of understanding and belief in contemporary Western societies. Exploring relationships between law and sociology as contrasting and competing fields of knowledge, Law's Community develops ideas from social theory to identify key problems for legal development; in particular, those of restoring moral authority to (...) law and of elaborating a concept of community that can guide legal regulation. The analysis leads to radical conclusions: among them, that law's functions need reconsideration at the most general level, that a unitary state legal system as portrayed in traditional kinds of legal theory may no longer be adequate in complex contemporary societies, and that law should be reconceptualized as a diverse but co-ordinated plurality of systems, sites, and forms of regulation. (shrink)

The proliferation of forms of transnational regulation, often unclear in their relation to the law of nation states but also, in some cases, claiming authority as “law,” suggests that the concept of law should be reconsidered in the light of processes associated with globalisation. This article identifies matters to be taken into account in any such reconsideration: in particular, ideas of legal pluralism, of degrees of legalisation, and of relative legal authority. Regulatory authority should be seen as ultimately based in (...) the diverse moral conditions of the networks of community which regulation serves. (shrink)

Many different kinds of professionals work with law, but often they seek to use law for particular governmental or private purposes, they focus on some specific areas or aspects of its creation, interpretation or application, or they study it for its interest judged by criteria that are given by fields of scholarly practice outside it. Is there a special significance for a role exclusively concerned with analysing, protecting and enhancing the general well-being or worth of law as a practical idea? (...) This article argues that such a role is important. Building on Gustav Radbruch's juristic thought, it asks how that role could be elaborated and how a professional responsibility for discharging it might be envisaged. Many professionals concerned with law adopt such a role incidentally or intermittently, but it needs more prominence and clear demarcation. The article suggests that it might be seen as the specialised role of the jurist, treated as a particular kind of legal professional. The term “jurist” would then have not just an honorific connotation. It would indicate a Weberian “pure” type that may approximate some current understandings of “juristic” practice; but it would also identify a normative ideal—something intrinsically valuable. Seen in this way, the jurist is one who assumes a certain unique responsibility for law. (shrink)

The claim that media ‘simulate’ political transparency is misleading. It suggests that the ‘simulated’ exists in opposition to the ‘real’ or ‘true’ and, in turn, that transparency should give access to a political reality or ‘truth’ otherwise distorted. This truth or reality is, however, illusory. Transparency should be seen as a process of requiring persons in relations of community with others to account for their actions, understandings and commitments as regards matters directly relevant to those relations. Such an approach denies (...) any simple public‐private divide, emphasises breach of trust in relations of community as the justification for publicising personal conduct and circumstances, and treats scandal as the public revelation of these breaches of trust. (shrink)

How are general relations of law and morality typically conceived in an environment of Anglo-saxon common law? This paper considers some classical common law methods and traditions as these have confronted and been overlaid with modern ideas of legal positivism. While classical common law treated a community and its morality as the cultural foundation of law, legal positivism's analytical separation of law and morals, allied with liberal approaches to legal regulation, have made the relationship of legal and moral principles more (...) complex and contested. Using ideas from Durkheim's and Weber's sociology, I argue that the traditional common law emphasis on an inductive, empirical treatment of moral practices has continuing merit, but in contemporary conditions the vague idea of community embedded in classical common law thought must be replaced with a much more precise conceptualisation of coexisting communities, whose moral bonds are diverse and require a corresponding diversity of forms of legal recognition or protection. (shrink)

The relationship of law and culture has long been a concern of legal anthropology and sociology of law. But it is recognised today as a central issue in many different kinds of juristic inquiries. All these recent invocations of the concept of culture indicate or imply problems at the boundaries of established thought about either the nature of law or the values that law is thought to express or reflect. The consequence is that legal theory must, it seems, now systematically (...) take account of the notion of culture. The present paper asks how this might best be done. I argue that a concept of culture, as such, is of limited utility for legal theory because the term “culture” embraces a too indefinite and disparate range of phenomena. But legal theory needs conceptual resources to consider at a general level the relations of law and culture. This paper suggests that these resources should include, above all, a rigorous distinguishing of different abstract types of community. Legal theory requires a sociologically‐informed concept of community. What is encompassed by the vague idea of culture is actually the content of different types of social relations of community and the networks (combinations) in which they exist. (shrink)

This volume focuses on three closely-connected aspects of Émile Durkheim's work: his sociology of justice, his sociology of morality and his political sociology. These areas of his thought are the most relevant and practical today in considering fundamental problems of contemporary societies and they provide many of the most important insights of his social theory. This collection presents Durkheim's thought in an unusual and revealing light and shows him as a key social and political thinker for the twenty-first century.

This text explores what jurisprudence is about, what it seeks to do and how. The book considers how the conclusions of jurisprudence can be brought to bear on everyday problems of legal practice and major social, moral or political issues.

This article argues that juristic theories must be understood in relation to the historical conditions in which they have emerged. This is not to reduce theories to their context but to gain essential insight into their aims, meaning, and scope with the aid of such “external” reference points. Here I use the ideas of the Swedish legal realist Vilhelm Lundstedt to illustrate these claims, choosing his juristic theory for this purpose specifically because it has been so widely seen as deeply (...) puzzling and “extreme.” The article argues that his central ideas are readily intelligible in historical context. But such a contextual examination of juristic ideas also makes it possible to assess what in them can properly travel beyond immediate context: in other words, what insights about the nature of the jurist's task can legitimately be taken from them for more universal application. Lundstedt's work, despite having been largely ignored or excluded from international juristic debate, has something to offer here if seen through a contextualising lens that sets the possibilities for its broader application in sharp relief. (shrink)

I argue that its appearing to you that P does not provide justification for believing that P unless you have independent justification for the denial of skeptical alternatives – hypotheses incompatible with P but such that if they were true, it would still appear to you that P. Thus I challenge the popular view of ‘dogmatism,’ according to which for some contents P, you need only lack reason to suspect that skeptical alternatives are true, in order for an experience as (...) of P to justify belief that P. I pursue three lines of objection to dogmatism, having to do with probabilistic reasoning, considerations of future or hypothetically available justification, and epistemic circularity. I briefly sketch a fall-back position which avoids the problems raised. (shrink)

Michael Bergmann claims that all versions of epistemic internalism face an irresolvable dilemma. We show that there are many plausible versions of internalism that falsify this claim. First, we demonstrate that there are versions of ‘‘weak awareness internalism’’ that, contra Bergmann, do not succumb to the ‘‘Subject’s Perspective Objection’’ horn of the dilemma. Second, we show that there are versions of ‘‘strong awareness internalism’’ that do not fall prey to the dilemma’s ‘‘vicious regress’’ horn. We note along the way that (...) these versions of internalism do not, in avoiding one horn of the dilemma, succumb to the dilemma’s other horn. The upshot is that internalists have many available strategies for avoiding dilemmatic defeat. (shrink)

Argues that the only way to understand the Confucian vision of the consummate moral life is to take the tradition on its own terms.

I believe that Tom is the proud father of a baby boy. Why do I think his child is a boy? A natural answer might be that I remember that his name is ‘Owen’ which is usually a boy’s name. Here I’ve given information that might be part of a causal explanation of my believing that Tom’s baby is a boy. I do have such a memory and it is largely what sustains my conviction. But I haven’t given you just (...) any causally relevant information, I’ve given my grounds for my belief. I’ve given reasons that might justify me in supposing that Tom’s baby is a boy. Less naturally, the question might be taken as a request for a broader causal explanation of my holding this belief. Appropriate answers might cite all manner of facts concerning the evolution of the human race, why I chose to pursue philosophy and hence came to know Tom, the mechanisms of email transmission, the firing of various neurons, the circumstances of concept formation as a result of which I’m able to grasp the thought that Tom’s baby is a boy, and so on. It is an interesting question what distinguishes the narrower set of answers that I first suggested. I won’t pursue that here. I assume you have a good enough sense of the distinction I’m drawing. We might call the narrower set of answers justifying reasons, the kind of reasons I might cite in justifying my belief. Answers of the first sort are clearly relevant to epistemological evaluation. In assessing whether you know p or are rational in believing it to the degree you do, I will naturally want to consider what reasons you have for your belief. In deliberating myself about whether to believe p, in seeking an answer to the question of whether p, I will naturally consider what reasons or grounds I have to suppose that p. But what I want to focus on here is how explanations of the broader sort bear on such questions as whether to believe p. From a third-person perspective we can ask, ‘In assessing the epistemic status of S’s belief that p, what is the relevance of causal information that lies outside of the realm of justifying reasons?’ From the first-person standpoint we can ask ‘In seeking to answer whether p, how should such causal information affect my deliberations?’ At first it might seem that such broader causal information could have little relevance if any. Like any belief my belief that p can be traced back to innumerable causes from far and wide.. (shrink)

This is a three-part exchange on the relationship between belief and credence. It begins with an opening essay by Roger Clarke that argues for the claim that the notion of credence generalizes the notion of belief. Julia Staffel argues in her reply that we need to distinguish between mental states and models representing them, and that this helps us explain what it could mean that belief is a special case of credence. Roger Clarke's final essay reflects on the (...) compatibility of the previously discussed views with dualist and monist interpretations of our mental states and our ways of modeling them. (shrink)

Descartes and the last Scholastics: objections and replies -- Descartes and the Scotists -- Ideas, before and after Descartes -- The Cartesian destiny of form and matter -- Descartes, Basso, and Toletus: three kinds of Corpuscularians -- Scholastics and the new astronomy on the substance of the heavens -- Descartes and the Jesuits of La Fleche: the Eucharist -- Condemnations of Cartesianism: the extension and unity of the universe -- Cartesians, Gassendists, and censorship -- The cogito in the seventeenth century.

Introduction -- The mathematical roots of the concept of analogy -- Aristotle : the uses of analogy -- Aristotle : analogy and language -- Thomas Aquinas -- Immanuel Kant -- Karl Barth -- Final reflections.

Can human beings be free and responsible if there is an all-powerful God? Anselm of Canterbury offers viable answers to questions which have plagued religious people for at least two thousand years. Katherin Rogers examines Anselm's reconciliation of human free will and divine omnipotence in the context of current philosophical debates.

Introduction -- Anselm's classical theism -- The Augustinian legacy -- The purpose, definition, and structure of free choice -- Alternative possibilities and primary agency -- The causes of sin and the intelligibility problem -- Creaturely freedom and God as Creator Omnium -- Grace and free will -- Foreknowledge, freedom, and eternity : part I, the problem and historical background -- Foreknowledge, freedom, and eternity : part II, Anselm's solution -- The freedom of God.

The preface paradox does not show that it can be rational to have inconsistent beliefs, because preface writers do not have inconsistent beliefs. I argue, first, that a fully satisfactory solution to the preface paradox would have it that the preface writer's beliefs are consistent. The case here is on basic intuitive grounds, not the consequence of a theory of rationality or of belief. Second, I point out that there is an independently motivated theory of belief – sensitivism – which (...) allows such a solution. I sketch a sensitivist account of the preface writer's doxastic state. (shrink)

Offers an in-depth exposition of the Confucian conception of persons as the starting point of Confucian ethics.

A substantial body of recent philosophy envisages a close, congenial relationship between blame and morality. It has been posited, assumed or argued, for instance, that blame is responsive to moral...

Starting from an examination of foundational issues, the book covers a range of topics, including animals, agency, enjoyment, the good life, contemplation, ...

My intention is to show that, starting from an empiricist philosophy of mind, it is possible to give a systematic account of aesthetic experience. I argue that empiricism involves a certain theory of meaning and truth; one problem is to show how this theory is compatible with the activity of aesthetic judgment. I investigate and reject two attempts to delimit the realm of the aesthetic: one in terms of the individuality of the aesthetic object, and the other in terms of (...) 'aesthetic properties'. I go on to argue that aesthetic descriptions must not be thought to ascribe properties to their objects, and I show how the suggestion that they are non-descriptive need not conflict with the empiricist view of meaning. The problem is then seen to lie with the analysis of the 'acceptance-conditions' of aesthetic descriptions. I counter certain idealist objections to this approach, and then present a theory of imagination, in terms of which the acceptance conditions of aesthetic judgments may be described. This theory attempts to explain how the element of thought in aesthetic appreciation may become inseparable from an experience of its object, and how the aesthetic emotions are both like and unlike their equivalents in life. The first part concludes with an analysis of the general conditions of aesthetic experience. I try to show that aesthetic experience can be described in terms of certain 'formal' properties, independently of its material object. In the second part I am concerned to show that this empiricist theory of aesthetics does not, like most empiricist theories, make nonsense of our appreciation of art. First, I attempt to show that 'understanding' art is not merely a cognitive process, but involves certain experiences that can be accounted for in terms of the previous theory. I then analyse the concepts of representation and expression, and in the course of this analysis I attempt to refute what I take to be the most serious rival analysis of our appreciation of art - the semantic theory. (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)

Abstract Scientific advances have made the end of life into the primary concern of medicine. But medicine also postpones the end of life, often until the time when we no longer have the mental and physical capacity to deal with it. I argue that we need to develop Nietzsche's idea of timely death, in order to find a moral basis for health care at the end of life, and that the crucial factor is the cultivation of the virtues that would (...) enable us to live in another and more reckless way. We should look on the problem not from the first-person point of view, but from the perspective of the other, and ask ourselves what is most admirable in another person, in his or her attitude to death. The point of timely death is to make death into the completion of life, where life is understood as a moral rather than a biological idea. (shrink)

This chapter contains sections titled: Understanding and Reality Tradition and Interpretation Forms of Realism Works cited.

Gödel appears to have believed strongly that the human mind cannot be explained in terms of any kind of computational physics, but he remained cautious in formulating this belief as a rigorous consequence of his incompleteness theorems. In this chapter, I discuss a modification of standard Gödel-type logical arguments, these appearing to strengthen Gödel’s conclusions, and attempt to provide a persuasive case in support of his standpoint that the actions of the mind must transcend computation. It appears that Gödel did (...) not consider the possibility that the laws of physics might themselves involve noncomputational procedures; accordingly, he found himself driven to the conclusion that mentality must lie beyond the actions of the physical brain. My own arguments, on the other hand, are from the scientific standpoint that the mind is a product of the brain’s physical activity. Accordingly, there must be something in the physical actions of the world that itself transcends computation. We do not appear to find such noncomputational action in the known laws of physics, however, so we must seek it in currently undiscovered laws going beyond presently accepted physical theory. I argue that the only plausibly relevant gap in current understanding lies in a fundamental incompleteness in quantum theory, which reveals itself only with significant mass displacements between quantum states (“Schrödinger’s cats”). I contend that the need for new physics enters when gravitational effects just begin to play a role. In a scheme developed jointly with Stuart Hameroff, this has direct relevance within neuronal microtubules, and I describe this (still speculative) scheme in the following. (shrink)

A-t-on le droit de croire en l'existence de Dieu? Non, répondent ceux qui veulent des preuves. Oui, affirme ce livre, car nous avons le droit de croire même sans justification épistémologique. Cela n'a rien d'intellectuellement honteux, contrairement à ce que disent certains philosophes, en parlant d'une éthique des croyances Une nouvelle question se pose alors : a-t-on le droit de croire avoir reçu une révélation et prétendre connaître ainsi la vérité? Non, répondent ceux pour lesquels la vérité ne peut pas (...) être donnée par Dieu dans la Bible. Oui, affirme ce livre, et, qui plus est, une épistémologie peut défendre la rationalité de notre croyance à la révélation. Dès lors, peut-on faire comme si les affirmations du Credo étaient des fictions? Est-il vrai que la religion est avant tout une affaire pratique et une forme de vie? Non, répond ce livre : les arguments en faveur d'une conception non réaliste de la religion sont faibles ; en revanche, le réalisme théologique peut être défendu. Renouvelant ainsi la traditionnelle question de la relation entre foi et raison, ce livre discute aussi bien les thèses de saint Thomas, de John Locke, du cardinal Newman et de Ludwig Wittgenstein, que celles de philosophes analytiques contemporains de la religion comme Alvin Plantinga, Richard Swinburne, Peter van Inwagen ou Linda Zagzebski. (shrink)

Archaeology's Visual Culture explores archaeology through the lens of visual culture theory. The insistent visuality of archaeology is a key stimulus for the imaginative and creative interpretation of our encounters with the past, acknowledging the multiplicity of meanings that cohere around artifacts, archaeological sites and museum displays. Archaeology's Visual Culture investigates the nature of this projection, revealing an embedded subjectivity in the imagery of archaeology. Using a wide range of case studies the book highlights the way archaeologists view objects and (...) the consequences that ensue from ways of seeing"--Provided by publisher. (shrink)

Sexual experimentation, living together, raising children outside of marriage, remarriage after divorce, and same-sex relationships...These behaviours have become common in the wider society as well as among Christians and Catholic Christians. Not only do they think and act differently than the official Church teaching, but they do so convinced that they are acting rightly. This challenges ethics to respond by what can be called an 'ethics of mercy', by meeting people where they are and helping them to grow towards the (...) fullness of life and love. Such a pastoral and educational ethics of growth should dare to stand within the tension between what is desirable and what is attainable, without surrendering the 'pro-vocative' idea of conjugal covenant as the basis for the family. Mercy is needed not only after ethics but in ethics. In harmony with Pope Francis's plea for a 'gospel of mercy', this book seeks a middle way between merciless rigourism and relativising subjectivism. It proposes an ethics of redemption that accompanies people on their way to meaningful living and loving, grounded in a spirituality that springs from the salvation offered in Jesus. (shrink)