Why should the many be accorded a role in governing? In Book III of his Politics, Aristotle advances a handful of arguments on behalf of their participation (1281a39-1282a41, 1286a31-35).2 These arguments deserve examination because they have been misunderstood and have, therefore, been accepted or rejected for the wrong reasons. They deserve examination too because the Greek theory and practice of democracy continues to exercise a powerful attraction upon contemporary generations. Aristotle is, of course, among the principal sources of our knowledge (...) of the Greek experience of democracy. (shrink)

Machiavelli, Hobbes, and Locke each sought a new foundation for political order. This book serves as a reader's companion to Machiavelli’s The Prince, Hobbes’s Leviathan, and Locke’s Second Treatise written for graduate students and scholars seeking a fuller understanding of these classic texts. How do these philosophers respond to perennial questions such as why anyone is ever obligated to obey a government and whether there are any limits to such an obligation. In this book, Bookman begins by sorting out (...) the hermeneutical controversy between textualists and contextualists, offers a chapter-by-chapter commentary on the texts punctuated by questions for the reader’s reflection, and finally suggests a firmer foundation for a theory of political obligation than Hobbes’s and Locke’s consent theories. Also included are bibliographical essays keyed to select bibliographies, providing readers with a wide-ranging, critical review of the secondary literature. Intended to be read alongside the primary work, the work is a full intellectual, critical, and bibliographical history, as well as a fresh examination of three classic texts in political theory and philosophy. (shrink)

Jürgen Habermas is one of the most important thinkers of this century. His work has been highly influential not only in philosophy, but particularly in the fields of politics, sociology and law. This is the first collection that explores the connections between his body of work and North America's biggest philosophical movement, pragmatism. Habermas and Pragmatism investigates the influences of pragmatism on Habermas' thought in a collection of stellar essays with contributions by Habermas himself, leading representatives of pragmatism, as well (...) as critical and legal theorists. The essays cover a range of subjects including philosophy of language, democracy, nature of rationality and social theory as well as the relation of major figures such as Hegel, Pierce, Mead and Dewey to Habermas and pragmatism. (shrink)

Legal expert systems are computer applications that can mimic the consultation process of a legal expert to provide advice specific to a given scenario. The core of these systems is the experts’ knowledge captured in a sophisticated and often complex logic or rule base. Such complex systems rely on both knowledge engineers or system programmers and domain experts to maintain and update in response to changes in law or circumstances. This paper describes a pragmatic approach using process modelling techniques that (...) enables a complex legal expert system to be maintained and updated dynamically by a domain expert such as a legal practitioner with little computing knowledge. The approach is illustrated using a case study on the design of an online expert system that allows a user to navigate through complex legal options in the domain of International Family Law. (shrink)

SRS Iggeres Haramban/ the Rambant's ethical letter with an anthology of contemporary Rabbinic expositions.

There are few living thinkers who have enjoyed the eminence and reown of Jürgen Hamermas. His work has been highly influential not only in philosopy, but also in the fields of politics, sociology and law. This is the first collection dedicated to exploring the connections between his body of work ahd America's most significant philosophical movement, pragmatism. Habermas and Pragmatism considers the influence of pragmatism on Habermas's thought and the tensions between Habermasian social theory and pragmatism. Essays by distinguished pragmatists, (...) legal and critical theorists, and Habermas cover a range of subjects including the philosophy of language, the nature of rationality, democracy, objectivity, transcendentalism, aesthetics, and law. The collection also addresses the relationship to Habermas of Kant, Peirce, Mead, Dewey, Piaget, Apel, Brandom and Rorty. (shrink)

In the course of his life a man surrounds himself with questions, much as he surrounds himself with furniture, books or pictures. Personality is expressed not only by the selection of a Chippendale chair, the amassing of early colour-plate books, or the purchase of a Renoir, but also by the kind of questions which a man “collects”-raises, without necessarily solving. Some questions, like some books, are to be brooded over and studied; some are introduced only to be contemplated from time (...) to time, like fine bindings; and some occur so casually as hardly to rouse any attention at all. There is an obvious difference between a man who bids carefully at a book auction or forces himself on to his knees to identify a dust-covered quarto in a slum bookshop, and a man whose library is inherited from parents or grandparents; acceptances and not choices will distinguish the casual possessor from the bookman. Similarly, there are many questions which sit lightly on a man's mind, which are as little the object of sustained wondering or bafflement as his ancestors” well bound volumes of theology or game-shooting are the reflection of his own tastes or interests. These may be questions of any sort: they may be factual questions, important or trivial, or they may be theoretical questions, philosophical perhaps, or religious or scientific. A student of literature, for instance, has been known to congratulate himself on his ignorance of modern science, ignorance so deliberate that any scientific question raised in his presence fails even to make him wonder. For any person, however, there are ranges of questions which barely touch his mind: he may be aware that he does not know how to derive answers to them for himself, but his inability will not cause him concern. The memory, the practical or the reasoning skill of the kind that would be required are perhaps so much out of proportion to what he possesses that to bemoan the lack of them is unrealistic -as it is often idle and merely conventional for one who is tone-deaf to say how much he wishes he could sing an aria . Other questions altogether, important or trivial, he takes seriously and troubles to answer, because they touch his own special interests directly: he may pride himself on never neglecting a newspaper problem in bridge or chess, or he may never fail to answer correctly a question about the construction of some instrument or machine. The same person, however, will also get the length of raising many questions which remain mere questions. He may be troubled and puzzled about certain political or social question which circumstances do not compel him to answer: but he will not be hypocritical in professing an interest in them. Some of these questions, of course, may become solved after a fashion, if he listens to the voice of politician, statistician, priest or psychologist and is lucky enough to get an answer which satisfies him. But many will survive with just enough recurrences of wondering about them to make them, as you might say, chronic. This is the intermediate class of questions. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings (...) show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings (...) show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings (...) show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."¿Mitchell Muncy, The University Bookman. (shrink)