This article supports H. L. A. Hart's “any reasons” thesis (defended consistently from the first edition of The Concept of Law in 1961 to the Postscript to the second edition of 1994) that legal officials may accept law for any reasons, including non‐moral reasons. I develop a conception of non‐moral aesthetic ideals of official conduct which may provide legal officials with reasons to accept and apply even morally iniquitous law. I use this conception in order to rebut Gerald Postema's and (...) Joseph Raz's criticisms of Hart's view, and suggest that my revisions offer reasons for renewed confidence in Hart's account of law's normativity. (shrink)

This is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil and criminal (...) responsibility, and sovereignty. This new fifth edition adds over two dozen new cases, including new sections on Indigenous issues and international law. A helpful glossary of common legal terms has also been added as an appendix. (shrink)

A rigorous introduction to profound questions about the nature and role of law.

Race is not a scientific category, but African Americans have increased prevalence and severity of heart failure. The African American Heart Failure trial showed the benefit of a combination of isosorbide dinitrate and hydralazine . Future research may unmask the reason for cardiovascular differences in therapy.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 64.4 (2003) 599-618 [Access article in PDF] The "Herbert Butterfield Problem" and its Resolution Keith C. Sewell Dordt College Herbert Butterfield (1900-1979) 1 published The Whig Interpretation of History in 1931, a year after he became a Lecturer in the University of Cambridge. 2 He became Professor of Modern History in the university in 1944, the same year in which he published (...) The Englishman and His History. 3 This discussion addresses what J.G.A. Pocock referred to as das Herbert Butter-fieldproblem—that is, the problem of ascertaining the precise relationship between the arguments presented in these volumes. 4The Whig Interpretation of History of 1931 (hereafter, The Whig Interpretation) was a sustained critique of the motivation, methods and fallacious conclusions of the "Whig" practice of staging historiographical narratives anachronistically so as to produce a ratification of the present, or justification of a position currently espoused by the author. 5 The term "Whig," as Butterfield used it in 1931, referred to the nineteenth-century school of historiography that praised "progress," "protestantism," and "liberty" and that generally attributed the triumph of such principles to the beliefs and activities of generations of Whig politicians. 6 [End Page 599]The Whig Interpretation argued that the judgments concerning both progressive and reactionary individuals and movements in Whig historiography were anachronistic, in that they were based on general propositions held by the Whig historian in the present. To correct this error Butterfield argued that historiography should not be based upon any general propositions. Basing historiographical narratives on general propositions purporting to be of universal and unchanging validity was seen as inevitably placing them on an anachronistic basis. In The Whig Interpretation Butterfield required the historian to represent past "life itself " but to avoid doing so on the basis of a view or "interpretation" of past human experience and action. Historiographical narration should be free of any interpretative standpoint and equally open to any possible subsequent interpretation. For Butterfield "the historian carries us away from the world of general ideas. It is not for him to give a philosophical explanation of what happens in time and space"; "any history that he writes ought to be as capable of varied philosophical interpretation as life itself seems to be... the historian's explanation... is not a piece of general reasoning," and "if at any point we need further elucidation all that he can do is to take us into greater detail." 7 It seems appropriate to refer to this as Butterfield's "neutrality postulate." Butterfield subsequently used the term "technical history" to denote this methodological concept. 8As might be expected, such a neutrality postulate was replete with problems, however valid Butterfield's strictures towards Whig historiographical anachronism. How is the historian to abridge for the purposes of narration and explanation without interpreting? Butterfield argued that we are right to demand of the historian that "he shall not change the meaning and purport of the historical story in the mere act of abridging it." No theory should intrude. As the detailed complexity is abridged, there should be no loss of "the purport and tenor of the whole." 9 Abridgment was to be accomplished without interpretative perspective, even though sympathy and imagination are indispensable. 10 Such was Butterfield's prescribed antidote. Yet the exercise he recommended requires more than a specific statement of the concrete, the individual, and the particular. It also requires a general idea of the "meaning" of "the whole" that the historian is called upon not to distort. Indeed, Butterfield drew attention to the basis of his historical thinking when he asserted that while historical research does not provide proof of the existence of a providential order, it nevertheless provides evidence of how profound and mysterious are its workings. 11In The Whig Interpretation no attempt was made to reconcile the advocacy of a non-interpretative neutrality dealing exclusively with the individual, the [End Page 600] concrete and the particular, and Butterfield's actual belief in a providential order to which the historical process is subject. After 1931... (shrink)

The goal of this paper is to present a succinct overview, from a clinician’s perspective, of the importance and implications of research on heart failure in African Americans. It first gives a brief outline of the rationale and results of the African-American Heart Failure Trial, which showed evidence for the effectiveness of fixed-dose combination of isosorbide dinitrate and hydralazine, marketed as BiDil, in this population. Finally, it underscores the necessity of treating African Americans with evidence-based medicine given that humanistic physicians (...) and other clinicians strive to provide holistic treatment to their patients.Most researchers and clinicians recognize the difficulty with utilizing race as a category for inclusion in trials. While race lacks any true biologic definition, it is potentially beneficial as a consideration in clinical studies, based on prior evidence of certain potential differences across self-identified racial/ethnic groups in morbidity and mortality and responses to medicine. Even though use of race as a classification is a problematic distinction, it should not be ignored. If clinical trials demonstrate significant improvement with targeted treatment in African Americans, clinicians should not withhold life-saving drugs that result from such studies. (shrink)

The European Legacy, Volume 17, Issue 4, Page 559-560, July 2012.

An explanation of the system of textual references employed in this paper may perhaps be of convenience to the reader. As a rule, references to other works have here been incorporated in the main body of the text, with the aid of abbreviations usually derived from the initial letters of the main words in their titles. Thus "HLL, p. 21." refers to page twenty-one of Thomas Hobbes: Leben and Lehre, by F. Tonnies.

pt. 1. The nature of culture -- pt. 2. Culture as gift : vignettes of Indian culture -- pt. 3. Culture as task : culture and its discontents.

pt. 1. The nature of culture -- pt. 2. Culture as gift : vignettes of Indian culture -- pt. 3. Culture as task : culture and its discontents.

Part of The US Army Large-Scale Combat Operations Series, Maintaining the High Ground combines discussions and historical case studies from the past seventy-five years to address ethical challenges for the Army Profession. With today's all-volunteer Army, maintaining public trust is critical, and large-scale combat operations require a professional class of leaders and soldiers with strong ethics and the ability to adapt and even shape their own future.

Given a set of objects characterized by a number of attributes, hidden patterns can be discovered in them for the grouping of similar objects into clusters. If each of these clusters can be considered as exemplifying a certain concept, then the problem concerned can be referred to as a concept discovery problem. This concept discovery problem can be solved to some extent by existing data clustering techniques. However, they may not be applicable when the concept involved is vague in nature (...) or when the attributes characterizing the objects can be qualitative, quantitative, and fuzzy at the same time. To discover such concepts from objects with such characteristics, we propose a Genetic-Algorithm-based technique. By encoding a specific object grouping in a chromosome and a fitness measure to evaluate the cluster quality, the proposed technique is able to discover meaningful fuzzy clusters and assign membership degrees to objects that do not fully exemplify a certain concept. For evaluation, we tested the proposed technique with simulated and real data and the results are found to be very promising. (shrink)

Given a set of objects characterized by a number of attributes, hidden patterns can be discovered in them for the grouping of similar objects into clusters. If each of these clusters can be considered as exemplifying a certain concept, then the problem concerned can be referred to as a concept discovery problem. This concept discovery problem can be solved to some extent by existing data clustering techniques. However, they may not be applicable when the concept involved is vague in nature (...) or when the attributes characterizing the objects can be qualitative, quantitative, and fuzzy at the same time. To discover such concepts from objects with such characteristics, we propose a Genetic-Algorithm-based technique. By encoding a specific object grouping in a chromosome and a fitness measure to evaluate the cluster quality, the proposed technique is able to discover meaningful fuzzy clusters and assign membership degrees to objects that do not fully exemplify a certain concept. For evaluation, we tested the proposed technique with simulated and real data and the results are found to be very promising. (shrink)

Imbalance in analytical legal theory's approach to prima facie legal phenomena : re-balancing after imbalance : an incremental addition to analytical legal theory -- Legal officials, the rule of recognition, and international law -- The hierarchical view of legal system and non-state legality -- Meta-theoretical-evaluative motivations -- An inter-institutional theory -- An inter-institutional account of non-state legality -- Pathologies of legality : novel technologies and their implications for conceptions of legality : the consequences of re-socializing a descriptive-explanatory view of law.

The second edition of Readings in the Philosophy of Law is a concise anthology of key arguments in the philosophy of law, organized around the ideas of law and legal reasoning, limits on individual liberty, responsibility, and international law. Selections new to this edition update the anthology while continuing to present legal theory as a set of closely intertwined arguments. Critical Race Theory is addressed, as are challenges to legal theory posed by the emergence of the European Union. The readings (...) provide superb coverage of both classic and contemporary views, and they are edited only lightly to allow readers to grapple with arguments in their original form. Culver's clear, accessible introductions discuss key terms, claims, issues, connections and points of conflict in each section. Culver takes particular care to place arguments in their historical and social context, with analogies and examples emphasizing the continuing relevance of historical and contemporary arguments. (shrink)

Abstract:We aim in this paper to explore several related challenges to contemporary analytical legal theorists who accept as theoretically foundational the state-based view of legality and legal system advanced by H.L.A. Hart. We contend that this approach contains internal explanatory problems which limit the view’s capacity to account for novel prima facie legal phenomena outside the typical experience of the law-state. We supplement the analytical approach by advancing the rudiments of what we call an ‘inter-institutional theory of legality,’ a theory (...) of legality derived from a morally-neutral, descriptive-explanatory picture of legal system qua system of legal institutions. Our theory additionally enables us to account for the novel prima facie legal phenomena we identify, and to conclude that while prior analytical legal theorists’ approaches to legality and legal system were historically right to depart from the example of the municipal legal system, that example and departure point are no longer most salient, so explanation of the legality within the state is no longer sufficient as a general explanation of legality.Resumen:En este artículo los autores se proponen explorar diversos retos que enfrentan los teóricos analíticos del derecho contemporáneos, los cuales han aceptado que una perspectiva estatista del sistema jurídico y de la legalidad —introducida por H. L. A. Hart— es fundamental como punto de partida en la teoría. Los autores sostienen que este enfoque contiene problemas explicativos internos que limitan su capacidad para explicar fenómenos jurídicos prima facie novedosos que no se ajustan a la experiencia paradigmática de un derecho-estado. Los autores reformulan el enfoque analítico mediante la introducción de las bases de lo que deno minan una “teoría de la legalidad interinstitucional”, esto es, una teoría de la legalidad derivada de una noción moralmente neutral, descriptiva y explicativa del sistema jurídico como un sistema de instituciones jurídicas. Esta teoría permite, además, explicar los fenómenos jurídicos prima facie novedosos que identifican los autores; y concluir que si bien los enfoques anteriores hacia el sistema jurídico y la legalidad de los teóricos analíticos estuvieron históricamente en lo correcto al tomar como punto de partida el ejemplo de un sistema jurídico municipal, ese ejemplo y punto de partida han dejado de ser relevantes, dicho ejemplo y punto de partida no resulta suficiente, por lo que la explicación de la legalidad dentro de los confines del Estado no es suficiente para una explicación general de la legalidad. (shrink)

This article identifies and advocates one part of a renewed research agenda for analytical legal theory: a renewed ‘relational’ approach to characterization of the concept of law, following the lead set by Hart’s exploration of law’s relation to morality, coercion, and social rules. We advocate further descriptive-explanatory investigation of law’s relation to security, environment, and information technology, in the context of state and extra-state legal orders. This investigation is responsive to emerging legal phenomena as identified by the inter-institutional account of (...) legality developed in our recent book Legality’s Borders (Oxford University Press, 2010), and is further responsive to the interests and perspective of a modernized version of Hart’s ‘ordinary citizen.’ A renewed relational approach will provide a means to deeper characterization of the forms of legality arising within and around the increasingly unsteady municipal state in the modern era of increased interdependence and interconnection amongst state and extra-state legal orders.Resumen:El objetivo de este artículo es identificar y defender una parte de la renovada agenda de investigación de la teoría jurídica analítica: un renovado enfoque “relacional” sobre la manera de caracterizar el concepto de derecho —siguiendo la línea trazada por Hart de investigar la relación del derecho con la moral, la coerción y las reglas sociales—. Nosotros defendemos una investigación adicional de carácter descriptivo-explicativo sobre la relación que tiene el derecho con la seguridad, el medio ambiente y las tecnologías de la información, en el contexto de disposiciones jurídicas estatales y extra-estatales. Esta investigación responde a fenómenos jurídicos recientes del modo en que fueran identificados por la tesis inter-institucional de la legalidad desarrollada en nuestro reciente libro Legality’s Borders (Oxford University Press, 2010), y asimismo responde a los intereses y a la perspectiva de una versión modernizada del “ciudadano ordinario” de Hart. Un renovado enfoque “relacional” proporcionará los medios para un análisis más profundo de las formas de legalidad que surgen al interior y alrededor del cada vez más inestable estado municipal, en la era moderna de una mayor interdependencia e interconexión entre las disposiciones jurídicas estatales y extra-estatales. (shrink)

Analytical jurisprudence often proceeds with two key assumptions: that all law is either contained in or traceable back to an authorizing law-state, and that states are stable and in full control of the borders of their legal systems. What would a general theory of law be like and do if these long-standing presumptions were loosened? The Unsteady State aims to assess the possibilities by enacting a relational approach to explanation of law, exploring law's relations to the environment, security, and technology. (...) The account provided here offers a rich and renewed perspective on the preconditions and continuity of legal order in systemic and non-systemic forms, and further supports the view that the state remains prominent yet is now less dominant in the normative lives of norm-subjects and as an object of legal theory. (shrink)

This article critically considers calls for the precautionary principle to inform judicial decision making in a private law context in light of the Hoffman litigation, where it is alleged that the potential for genetic contamination from genetically modified (GM) crops causes an unreasonable interference with the rights of organic farmers to use and enjoy their lands, giving rise to an actionable nuisance. Applying the precautionary principle in this context would likely privilege non-GM land uses over GM uses, given the latter's (...) uncertain environmental impacts. Through a comparison of the institutional characteristics and respective roles of public and private regulation, the authors argue that the private law context, which lacks democratic accountability and has a limited ability to address complex scientific issues, is poorly suited to apply the diffuse, policy-based risk allocation considerations raised by the precautionary principle. (shrink)

The contributors to this book draw upon their unique insights and research experience to address fundamental questions, including: What forms does the will take ...

Recent work in social psychology suggests that people harbor “implicit race biases,” biases which can be unconscious or uncontrollable. Because awareness and control have traditionally been deemed necessary for the ascription of moral responsibility, implicit biases present a unique challenge: do we pardon discrimination based on implicit biases because of its unintentional nature, or do we punish discrimination regardless of how it comes about? The present experiments investigated the impact such theories have upon moral judgments about racial discrimination. The results (...) show that different theories differ in their impact on moral judgments: when implicit biases are defined as unconscious, people hold the biased agent less morally responsible than when these biases are defined as automatic (i.e., difficult to control), or when no theory of implicit bias is provided. (shrink)

The term ‘manipulation’ is frequently employed but rarely discussed or defined in psychiatric circles. This paper reviews previous conceptual analyses of the term by philosophers and psychiatrists, and examines its use in ordinary discourse. A series of characteristics which comprise the conceptual core of the term when it is unambiguously applied in interpersonal settings are proposed. Manipulation is contrasted with other behavior control methods such as rational persuasion and coercion, with emphasis on the role played by deception and the communicative (...) context in which the manipulative transaction occurs. It is argued that manipulative behavior is fundamentally intentional, and the usefulness of the concept of ‘unconscious manipulation’ is questioned. Though the proposal that Manipulative Personality Disorder be formally recognized as a new diagnostic category is rejected, it is urged that the concept of manipulation receive wider attention and discussion within the mental health community. (shrink)

Hacohen’s biography of Popper arrives with the usual effusive praise dominating the dustjacket. This is that rare book which actually justifies commentators’ praise. At 551 pages of text, the book is very large to be concerned with only “formative years.” The length is justified because of the way Hacohen integrates careful historical work with a comprehensive grasp of what is philosophically significant in the life of one of the twentieth century’s most influential philosophers. This book achieves a measure of clarity (...) which most of us desire without achieving, its historical arguments are comprehensively documented, and it advances carefully and persuasively the general thesis that the fullest understanding of the legacy of Sir Karl Popper requires that we understand his roots in fin de siècle Viennese culture. Hacohen’s biography is somewhat different from the style familiar to philosophers from Ray Monk’s works on Wittgenstein and Russell, or Michael Ignatieff’s biography of Berlin. Hacohen’s biography is much less revealing of Popper the man, and much more revealing of social context. Accordingly, those looking for penetrating anecdotes will be disappointed, while those willing to entertain a thorough rereading of Popper will be enthralled. (shrink)

Modern Theories of Justice is a synopsis of views developed by distinguished French economist and philosopher Serge-Christophe Kolm in over four decades of investigation into the foundations of economics and justice. This book, his first written in English, is a comprehensive introduction to his vision of a “Liberal Social Contract” as “Practical Justice” for real societies and real people.

This volume is the first of a new group of collections in the Cambridge Studies in Philosophy and Law series. Each volume of the series will involve collaboration between editor and authors aimed at giving these volumes a sort of thematic unity often lacking in attempts to collect state of the art thinking on a particular topic. If the quality of this offering is representative of what is to come, we have much to look forward to in subsequent volumes.