As two parts of one overarching legal positivist project, it is likely assumed that the constitutive elements of Joseph Raz’s analysis of the rule of law are compatible with his thinking on the nature of legal authority. The aim of this article is to call this assumption into question by reading Raz in light of the core, if under-recognised, preoccupation of the jurisprudence of Lon Fuller: namely, the latter’s concern to illuminate the relationship between the distinctive form of law and (...) human agency. This not only opens up a new engagement between Raz and Fuller that was far from exhausted within debates about law and morality, but also reveals tensions between Raz’s analysis of the rule of law and his analysis of legal authority that proponents of Raz’s legal positivism need to address. (shrink)
The ‘public’ character of the kind of rule of law theorizing with which Lon Fuller was engaged is signalled especially in his attention to the very notion of being a ’legal subject’ at all. This point is central to the aim of this paper to explore the animating commitments, of substance and method alike, of a particular direction of legal theorizing: one which commences its inquiry from an assessment of conditions of personhood within a public legal frame. Opening up this (...) inquiry to resources beyond Fuller, the paper makes a novel move in its consideration of how the political theorist Hannah Arendt’s reflections on the ‘juridical person’ might aid a legal theoretical enterprise of this kind. (shrink)
Teased out through a playful tale about a king who failed in eight ways to make law, Lon L. Fuller's eight principles of the ‘internal morality of law’ became an important contribution to legal philosophy and rule of law theory alike. Moreover, it was Fuller's claim that his principles were not just internal to the enterprise of law, but also ‘moral’ in character, that precipitated a particular kind of ‘natural law versus legal positivism’ contest that continues among legal philosophers today. (...) But as a recent revival of interest in Fuller's thought indicates, his scholarly agenda around the idea of ‘the internal morality of law’ was wider still and deserves revisiting for the range of avenues of inquiry it opens up. (shrink)
The question, 'Why is there something rather than nothing?', has a strong claim to be philosophy's central, and most perplexing, question; it has a capacity to set the head spinning which few other philosophical problems can rival. Bede Rundle challenges the stalemate between theistic and naturalistic explanations with a rigorous, properly philosophical approach, and presents some startlingly novel conclusions.
Bede Rundle presents a philosophical investigation of the nature and reality of time and space, by means of analysis of the concepts involved. He discusses anti-realism, time travel, temporal parts, geometry, convention, and infinity, and more general issues concerning identity, objectivity, causation, facts, and verifiability.
Mind in Action challenges the dominant view in contemporary philosophy that human action is driven by thoughts and desires much as a machine is made to function by the operation of physical causes. Bede Rundle rejects the materialist view of mind and the causal theory of action; his alternative approach elucidates such key concepts as thought, belief, desire, intention, and freedom to give a fresh view of human behavior.
ABSTRACTThe ways that lawyers approach mediation vary considerably and there is value in contemplating potential explanations for the adoption of particular participatory roles. This article considers how ethical orientation to legal practice might correlate with the nature of lawyers' participation in mediation, using three of Rundle's models of lawyer participation in mediation. Role choices by lawyers who approach legal practice through the professional ethical lenses described by Parker and Evans are hypothesised, uncovering a range of potential explanations for and (...) motivations behind lawyers' behaviour in mediation. The discussion provides an opportunity for critical self-reflection by legal practitioners and better interprofessional understanding between lawyers and mediators. (shrink)
The Theory of Planned Behavior predicts that a combination of attitudes, perceived norms, and perceived behavioral control predict intentions, and that intentions ultimately predict behavior. Previous studies have found that the TPB can predict students’ engagement in plagiarism. Furthermore, the General Theory of Crime suggests that self-control is particularly important in predicting engagement in unethical behavior such as plagiarism. In Study 1, we incorporated self-control in a TPB model and tested whether norms, attitudes, and self-control predicted intention to plagiarize and (...) plagiarism behavior. The best statistical fit for the path-analytic model was achieved when a direct path from self-control to plagiarism engagement was specified. In Study 2, we added a measure of perceived behavioral control and split the measurement of norms into descriptive and injunctive components. This study found that both self-control and perceived-behavioral control additively contributed to the prediction of plagiarism and the path-analytic model achieved its best fit when direct paths from perceived norms to plagiarism behavior were specified. These studies suggest that setting strong anti-plagiarism norms, such as by the use of honor codes, and seeking to enhance students’ self-control may reduce engagement in plagiarism. (shrink)
This article contains the author's responses to five critics of his book Law as a Leap of Faith whose criticisms appear in this journal. The critics are Kimberley Brownlee, Antony Hatzistavrou, KristenRundle, Sari Kisilevsky and Nicola Lacey. The criticisms and responses pick up the following fifteen themes from the book: law, morality, society, explanation, continuity, rationality, ends, instruments, values, justice, allocation, games, modalities, generalities, jurisprudence.
Scholars in history and philosophy know the extraordinary difficulty of producing original research that is simultaneously creative, well-documented, and methodologically rigorous. But this is exactly what Mara van der Lugt manages in her recent book, a comprehensive treatment of Pierre Bayle's magnum opus. Reading Bayle is not for the faint of heart; he is a complex thinker with a controversial legacy. Van der Lugt exhibits appropriate caution, and though other interpreters have professed similar caution, van der Lugt's methodological commitments necessitate (...) it. Her approach imitates Bayle's own by suspending judgment on his intentions as author; attending meticulously... (shrink)