1891. The recovered manuscript of Aristotle's Constitutional History of Athens, now for the first time given to the world from the unique text in the British...

Writing a history of ancient Greece, in periods of political turbulence and transition, involved the construction of an edifying platform for civil conduct. Britain, 1770-1850, was one such period. In examining Athenian democracy the British historians of the late eighteenth century, like William Mitford and John Gillies, found a convenient channel to articulate their private political preferences and antipathies, thereby accentuating the ideological antagonism of the post-revolutionary age. Athenian liberalism was deliberately drawn from oblivion only to be set as (...) a constitutional example to avoid, whereas the merits of the mixed British constitution were distinctly exposed. The British Utilitarians, by contrast, produced a case on behalf of representative government that included the basic characteristics of democracy and which witnessed its minimum prototype in ancient Athens. George Grote assumed the task of upsetting the conventional idea of Athens, thus perpetuating the typical association of Greek historiography with contemporary political discussion. (shrink)

Raynal and his collaborator, Diderot, offer views on the history and nature of the British Constitution in various parts of their encyclopedic account of Western expansion, The History of the Two Indies (1770, revised versions 1780 and 1784). These opinions are analysed in comparison with the judgments of Montesquieu, Voltaire, Hume, Bolingbroke, De Lolme and others. The evolution of Raynal's ideas on the subject is discussed in the light of his earlier anglophobic History of the Parliament of England (...) (1748) and the mutually contrasting French historians he used for that work, the Jesuit Pierre-Joseph d'Orleans and the Huguenot Paul de Rapin-Thoyras. Raynal's conversion to a liberal admiration for British institutions is seen both in the context of the American Revolution and his relationship with Diderot. His insistence on a historical approach clashes with Diderot's more radical and philosophical rhetoric, and the stress between their attitudes becomes apparent in the compromises they attain. Notable among their conclusions are the rejection of English appeals to antiquity, and the fortuitous development of liberty through a series of well defined stages. (shrink)

This article explores the idea of Parliamentary sovereignty in British constitutional theory. Two general explanations for this idea are considered: firstly, that the existence of a sovereign entity is a conceptually necessary precondition for the existence of a state or constitution; secondly, that Parliament is sovereign, if it is, in virtue of a rule of recognition whose existence and content may be empirically determined. The former account, it is suggested, looms large in orthodox British constitutional theory but (...) cannot be sustained. Herbert Hart's version of the latter account is examined by reference to the decision in Jackson v Attorney General but is also found wanting. Given the inadequacy of these accounts, it is contended that the idea of Parliamentary sovereignty is misconceived. Building on insights in the work of Hart and Dworkin, it is argued that the British constitution instead rests on the ideal of government under law or the principle of legality. The putative value of legality, it is contended, will shape or control the many different principles that condition the exercise of official power. (shrink)

This review article examines Alison Young’s book, Parliamentary Sovereignty and the Human Rights Act. It focuses principally on the theoretical framework within which Young advances her many detailed arguments about the British constitution. In particular, it challenges Young’s contention that the powers of Parliament and courts can be explained by reference to an empirically determinable ‘legal fact’ (whether that ‘fact’ reflects Dicey’s theory of continuing parliamentary sovereignty or some other theory). The review article contends that there are insuperable (...) evidential and philosophical difficulties with this approach to British constitutional theory. In the light of these difficulties, it is argued that Young’s theory (and indeed any other constitutional theory) must be understood as a thoroughly normative account of the powers that Parliament and courts should have. (shrink)

The aim is to examine the performative acts and gender constitution in the context of the Second British Invasion. Despite the pervasive character of patriarchy and the prevalence of sexual difference as an operative cultural distinction, gender was not passively scripted on the bodies of many British singers. The subversive performances did not exclude suffering and marginalization but simultaneously undermined compulsory coherence.

This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal (...) fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu). (shrink)

This book articulates international political theory in dialogue with economics on several questions. It asks: how has modern international theory been adjusted and nourished by economic ideas, theories and practices? How far has the distinctive contribution of some theorists to international theory been informed by their views on economy? What has been the impact of the theory of the state for economic and international theory? What sort of economic thinking has led to revise the debates constitutive for the modern international (...) realm? How have economic debates been rhetorically connected to political debates in the field of international relations? (shrink)

The aim is to examine the performative acts and gender constitution in the context of the Second British Invasion. Despite the pervasive character of patriarchy and the prevalence of sexual difference as an operative cultural distinction, gender was not passively scripted on the bodies of many British singers. The subversive performances did not exclude suffering and marginalization but simultaneously undermined compulsory coherence.

This book analyses the general structure of constitutional rights reasoning under the German Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

The first part of this paper argues that if Craver’s ([2007a], [2007b]) popular mutual manipulability account (MM) of mechanistic constitution is embedded within Woodward’s ([2003]) interventionist theory of causation--for which it is explicitly designed--it either undermines the mechanistic research paradigm by entailing that there do not exist relationships of constitutive relevance or it gives rise to the unwanted consequence that constitution is a form of causation. The second part shows how Woodward’s theory can be adapted in such a (...) way that (MM) neither undermines the mechanistic paradigm nor reduces constitution to causation. However, it turns out that this modified theoretical embedding of (MM) makes it impossible to produce empirical evidence for constitutive relations. The paper ends by suggesting an additional criterion, the fat-handedness criterion, which, when combined with (MM), generates indirect empirical evidence for constitutive relevance. (shrink)

These ten new essays by leading contemporary philosophers constitute the first collective study of a group of British moral philosophers active between the ...

This chapter identifies some themes in British idealism, especially those which resonate in contemporary debates, through an examination of T.H. Green, F.H. Bradley and J.M.E. McTaggart. It focuses primarily on metaphysics and epistemology, supplemented by discussion of the ethics of Green and Bradley. In characterizing British idealism in more detail, it is important to start with T.H. Green, whose importance lay both in his philosophical thought, and also in his active engagement with Oxford local politics, educational standards and (...) school reform, and issues of social justice, the common good and the recognition theory of rights. Green's major philosophical monograph, published posthumously in 1883, was Prolegomena to Ethics. This can be seen as a broadly Kantian account of the presuppositions of knowledge. The two main claims that concern us here are, first, that the real consists in relations and, secondly, that the related whole constitutes an “eternal consciousness”. (shrink)

The democratic principle in its extreme form is the assertation that the mere fact of free birth is alone sufficient to constitute a claim to all offices. It is never the claim of a majority to rule, but it is the demand that every one, whether rich or poor, high- or low-born, shall be equally represented in the constitution. This is what Aristotle calls the principle of numerical equality.-from "Chapter VI: Democracy"One of the most renowned classical scholars of the (...) turn of the 20th century here offers a lucid and highly readable overview of a difficult and little understood aspect of Greek history: its public law, not just how it was structured but how it behaved in action. This 1896 book-perfect for university students, amateur historians, and readers of the history of the law-covers the full range of Greek legal development, from the origin of the city-state and the beginnings of the Greek monarchy to the social and political institutions of the far-flung Greek civilization to the rise of federalism and its long-term historical impact on the cultures that came after.British classical scholar A.H.J. GREENIDGE was a lecturer in ancient history at Brasenose College, Oxford. He is also the author of Roman Public and Private Law (1894), Legal Procedure in Cicero's Time (1901), and Roman Public Life (1901), among many other works of ancient history. (shrink)

This article recovers a largely forgotten and quite surprising argument about the origins of political liberty in Britain: that the Norman Conquest, by making possible an extremely powerful absolute monarchy, paradoxically set in motion the historical process which would later lead to the emergence of limited constitutional monarchy. The article shows how the eighteenth-century writer Jean Louis de Lolme initially made this argument to explain the divergent constitutional orders of Britain and France. De Lolme’s hypothesis was then taken up by (...) numerous historians and political theorists. François Guizot and his fellow Doctrinaires, Alexis de Tocqueville, and John Stuart Mill were among the writers who further developed his historical explanation of the British constitution. The liberal philosophy of history in the nineteenth century sprang from De Lolme's account of how absolute monarchy leads paradoxically to constitutional liberty. (shrink)

Unwritten constitutional conventions also known as lex non scripta, are under permanent scholarly scrutiny. This does not happen only in the Anglo-Saxon scholarly tradition. When analyzing the issues of unwritten law, a considerable number of representatives of this tradition, starting with W. Blackstone and finishing with contemporary British and American scholars, also talk about the existence of constitutional conventions. It should also be noted that issues pertaining to unwritten law and issues of conventions in particular, are often mentioned and (...) analyzed in the works of scholars of the Roman-Germanic legal tradition. Italian, French, German and Czech scholars take account of constitutional conventions, analyze their features and hold discourse on their future. However, in the course of scholarly debate, the issues of constitutional conventions have been dealt with in a fairly controversial manner. Even though individual scholars recognize constitutional conventions, the variety of opinions and conceptions is too large to form a uniform understanding. (shrink)

By analysing original sources and evaluating conceptual frameworks, this book discusses the idea proclaimed in the Preamble to the Constitution that Australia is a federal commonwealth. Taking careful account of the influence which the American, Canadian and Swiss Constitutions had upon the framers of the Australian Constitution, the author shows how the framers wrestled with the problem of integrating federal ideas with inherited British traditions and their own experiences of parliamentary government. In so doing, the book explains (...) how the Constitution came into being in the context of the groundswell of federal ideas then sweeping the English-speaking world. In advancing an original argument about the relationship between the formation of the Constitution, the representative institutions, configurations of power and amending formulas contained therein, fresh light is shed on the terms and structure of the Constitution and a range of problems associated with its interpretation and practical operation are addressed. (shrink)

This volume addresses how spatialized identities, belongingness and hospitality are interrogated in British and Irish contemporary art (painting, installation, video, photography, new public art) at a time when economic and political crises tend to encourage individual or exclusive usages of space. It sketches a cartography of encounters encompassing the home, the neighbourhood, the village or city, and the nation. Artists interrogate how intimacy is both facilitated and threatened by spatial devices, how space fashions our perception of gender, social or (...) ethnic identity and activates power relations. They explore the need for a home or a homeland and the various forms exile or placelessness can take. They may also take part in the restoration of the Commons and the constitution of alternative communities. Whether the analyses focus on the private sphere (in urban, suburban or rural contexts), or on shared communal spaces, they ponder the mechanisms of inclusion and exclusion at work in human encounters and shed light on how artistic apparatuses make the tensions between openness to the other and rejection or withdrawal perceptible. The approach, borrowing from art history as well as anthropology lays emphasis on context, situationality and field work; it proposes to repoliticize relational art and concludes on the dialogical positionality which lies at the core of art. (shrink)

In a post-feminist, post-lesbian feminist, postmodern or queer world, should lesbian work remain clearly identifiable, even when it refuses to claim lesbian identity as such? Scanning anthologies from the past three decades of lesbian poetry, and focusing particularly on the work of Maureen Duffy, Marge Yeo, Dorothea Smartt, Gillian Spraggs and Carol Ann Duffy, Liz Yorke addresses issues of lesbian visibility, lesbian identification, lesbian desire, and lesbian performativity. How do we identify what constitutes a lesbian poetic in an era when (...) ‘lesbian’ as an identity is less overtly defended, and many anthologies gloss over lesbian difference in prioritizing a higher order dedication to theme? (shrink)

Bringing a postcolonial perspective to UK constitutional debates and including a detailed and comparative engagement with the constitutions of Britain’s ex-colonies, this book is an original reflection upon the relationship between the written and the unwritten constitution. Can a nation have an unwritten constitution? While written constitutions both found and define modern nations, Britain is commonly regarded as one of the very few exceptions to this rule. Drawing on a range of theories concerning writing, law and violence, _Constitutions (...) _makes a theoretical intervention into conventional constitutional analyses by problematizing the notion of a ‘written constitution’ on which they are based. Situated within the frame of the former British empire, this book deconstructs the conventional opposition between the ‘margins’ and the ‘centre’, as well as between the ‘written’ and ‘unwritten’, by paying very close, detailed attention to the constitutional texts under consideration. Pryor argues that Britain’s ‘unwritten’ constitution and ‘immemorial’ common law only take on meaning in a relation of difference with the written constitutions of its former colonies. These texts, in turn, draw on this pre-literate origin in order to legitimize themselves. The ‘unwritten’ constitution of Britain can therefore be located and dislocated in postcolonial written constitutions. _Constitutions _is an excellent addition to the bookshelves of all students of the philosophy of law, political theory, constitutional and administrative law and jurisprudence. (shrink)

Abstract:The moral and political implications of new forms of organisation and resource allocation in education are explored. Markets, even when heavily regulated and administered, induce effects contrary to the values of individual and social freedom upon which public education is understood to be founded. Their ‘efficiency’ as allocative and distributive mechanisms is questioned and examined specifically in relation to the formative and constitutive role of community life in conferring identity and autonomy upon individuals. Competition, it is claimed, leads to stratification (...) of opportunities and outcomes. Putative efficiency gains may be outweighed by equity losses. (shrink)

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political (...) and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA. (shrink)

Musical Platonists identify musical works with abstract sound structures but this implies that they are not created but only discovered. Jerrold Levinson adapts Platonism to allow for creation by identifying musical works with indicated sound structures. In this paper I explore the similarities between Levinson's view and Kit Fine's theory of qua objects. Fine offers the theory of qua objects as an account of constitution, as it obtains, for example, between a statue and the clay the statue is made (...) out of. I argue that Fine's theory does not adequately characterize the constitution relation and that the problems it faces extend to Levinson's account of musical works as indicated structures. I develop an alternative theory of constitution, based on the notion of being made out of. This approach to constitution enables me to offer an account of musical works as abstract objects that are constituted by sound structures. I argue that my account has several advantages over the Levinson/Fine approach. (shrink)

The central aim of this article is to specify the ontological nature of constitutive mechanistic phenomena. After identifying three criteria of adequacy that any plausible approach to constitutive mechanistic phenomena must satisfy, we present four different suggestions, found in the mechanistic literature, of what mechanistic phenomena might be. We argue that none of these suggestions meets the criteria of adequacy. According to our analysis, constitutive mechanistic phenomena are best understood as what we will call ‘object-involving occurrents’. Furthermore, on the basis (...) of this notion, we will clarify what distinguishes constitutive mechanistic explanations from etiological ones. 1 Introduction 2 Criteria of Adequacy 2.1 Descriptive adequacy 2.2 Constitutive–etiological distinction 2.3 Constitution 3 The Ontological Nature of Constitutive Mechanistic Phenomena 3.1 Phenomena as input–output relations 3.2 Phenomena as end states 3.3 Phenomena as dispositions 3.4 Phenomena as behaviours 4 Phenomena as Object-Involving Occurrents 4.1 What object-involving occurrents are and why we need them 4.2 The object in the phenomenon 4.3 The adequacy of option 5 Conclusion. (shrink)

Despite the fact that by the end of the nineteenth century philosophically Natural Rights had been severely undermined, and that the British Idealists found anathema most of the principles upon which they relied, such theories still had a currency among some political polemicists. The Idealists retained the vocabulary and transformed the meaning to refer to those rights which it is imperative that the state or society recognise as indispensable to social existence. The criterion of such necessity was their contribution (...) to the common good. Such thinks as Green, Bosanquet, Ritchie, Jones and Watson offer a developmental view of Natural Rights, acknowledging that societies evolve giving rise to more refined versions of what constitutes the common good. While the idea of Human Rights depends upon the existence of a moral community, the common good is not necessarily judged only in relation to that community. There is nothing sacred about state borders or sovereignty, and the extension of the moral community beyond such arbitrary limits is both possible and desirable. This way of conceiving Natural Rights has become one of the dominant ways, in a variety of forms, of characterising the post 1945 Human Rights Culture. r 2001 Elsevier Science Ltd. All rights reserved. (shrink)

Despite the fact that by the end of the nineteenth century philosophically Natural Rights had been severely undermined, and that the British Idealists found anathema most of the principles upon which they relied, such theories still had a currency among some political polemicists. The Idealists retained the vocabulary and transformed the meaning to refer to those rights which it is imperative that the state or society recognise as indispensable to social existence. The criterion of such necessity was their contribution (...) to the common good. Such thinks as Green, Bosanquet, Ritchie, Jones and Watson offer a developmental view of Natural Rights, acknowledging that societies evolve giving rise to more refined versions of what constitutes the common good. While the idea of Human Rights depends upon the existence of a moral community, the common good is not necessarily judged only in relation to that community. There is nothing sacred about state borders or sovereignty, and the extension of the moral community beyond such arbitrary limits is both possible and desirable. This way of conceiving Natural Rights has become one of the dominant ways, in a variety of forms, of characterising the post 1945 Human Rights Culture. (shrink)

In addition to its two world wars, the rapid decolonization after 1947 has been the most important phenomenon of the 20th century. The two wars led to the decline of the European colonial empires and speeded up decolonization. This process has spawned more than one hundred new nations which in many cases did not exist in this way before. It also fixed territorial boundaries, most of which have remained unaltered ever since. In the course of decolonization constitutions have been made (...) which have also survived unless they have been suspended by military coups. Many of these constitutions bear the stamp of the process of decolonization because they were framed with a view to facilitating the transfer of power. Usually the grant of independence was preceded by various steps in the devolution of power which left their traces in the constitutional documents. Since this devolution implied the prescription of administrative procedures, these constitutional documents often contain a great deal of contingent detail, whereas ‘normal’ constitutions are restricted to statements of fundamental rights and basic principles. This led to ironies of fate such that the Independence of India Act, which subsequently formed the basis of the Indian constitution, is the longest act ever passed by the British Parliament, which is itself based on an unwritten constitution. (shrink)

This article focuses on the work of Black and Asian women playwrights in Britain and examines their position as constitutive subjectivities in contemporary British culture. It suggests that recent developments in theatre studies such as the emphases on the postcolonial, intercultural, world theatre and performance art, which have emerged simultaneously with these playwrights’ work and might have offered some critical reception of their work, have not done so because of their maintenance of a colonial cultural imaginary that is more (...) engaged with the elsewhere and the ‘other’ than with the here and now and the diasporic reality of contemporary Britain. Utilizing Avtar Brah’s concept of the ‘diaspora space’, the article argues that Black and Asian women playwrights’ work in Britain not only demands an interrogation of British theatre as a ‘white’ space but also asks that we accept Britain as a diasporic space. (shrink)

This book analyzes the general structure of constitutional rights reasoning under the Geman Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

Is it possible to advance democracy by empowering ordinary citizens to make key decisions about the design of political institutions and policies? In 2004, the government of British Columbia embarked on a bold democratic experiment: it created an assembly of 160 near-randomly selected citizens to assess and redesign the province's electoral system. The British Columbia Citizens' Assembly represents the first time a citizen body has had the power to reform fundamental political institutions. It was an innovative gamble that (...) has been replicated elsewhere in Canada and in the Netherlands, and is gaining increasing attention in Europe as a democratic alternative for constitution-making and constitutional reform. In the USA, advocates view citizens' assemblies as a means for reforming referendum processes. This book investigates the citizens' assembly in British Columbia to test and refine key propositions of democratic theory and practice. (shrink)

The Society for the Promotion of Hellenic Studies, established in 1879, provided arguments for the bridging of the gap that separated British Hellenism from British philhellenism for the most part of the nineteenth century. For academics and scholars interested in Greek civilization sympathy with modern Greece was always a matter of choice, which might be influenced by classical reading but did not constitute an indispensable part of it. The necessity to visit Greece, study on the spot and, when (...) possible, bring to light the material remnants of Hellenic civilization, and to trace among the people living evidence of the classical age emerged with the introduction of historicity as a concept and archaeology as a practice into British Hellenism. The formation of the Society represented a single but important step in this process. Its rules, on the other hand, “officially” sanctioned the assumption of the continuity of the Greek race. (shrink)

Emotive Interjections in British English: A corpus-based study on variation in acquisition, function and usage constitutes the first in-depth corpus-based study on the use of emotive interjections in Present Day British English. In a novel approach, it systematically distinguishes between child and adult speakers, providing new insights into how they use Ow!, Ouch!, Ugh!, Yuck!, Whoops!, Whoopsadaisy! and Wow! in everyday spoken language. It studies in detail their acquisition by children and pinpoints changes and developments in their use (...) throughout early childhood. The study highlights particularities displayed by child and adult speakers in general and identifies crucial differences regarding how adults use emotive interjections depending on whether they are interacting with children or other adults. This book thus offers an exhaustive overview on the functions of emotive interjections based on thorough empirical research and will appeal to linguists concerned with pragmatics, child language acquisition, the expression of emotion and interjections. (shrink)

This chapter presents the text of a lecture on Great Britain's unwritten constitution given at the British Academy's 2009 Maccabaean Lecture on Jurisprudence. This text criticises some of the recent developments related to the British constitution and expresses concern whether Britain has a constitution at all. It proposes the establishment of some body or institution independent of government to plan constitutional reform in a coherent manner, and for the renewal of public interest in constitutional affairs.

ABSTRACT For several generations before the First World War, the idea that the British constitution contained a ‘right of asylum' for foreign nationals was commonplace. Though this belief had profound consequences for Britain's treatment of political and religious exiles, its relations with foreign states, and the drafting of its extradition and immigration laws, there has been little enquiry into its origins. This article delineates the emergence of the idea of a constitutional ‘right of asylum', locating it in a (...) series of political clashes over the ‘Alien Act' that took place during the decade after the Napoleonic Wars. This legislation, which established controls over foreigners during the French Revolution and the quarter-century of war that followed, was increasingly challenged by the Whig and radical oppositions after Waterloo, both for its specific arbitrary provisions and as a more fundamental violation of the rights of aliens guaranteed by key constitutional documents like Magna Carta and the Habeas Corpus Act. By the mid-1820s these objections cohered into a conviction that asylum itself could be claimed as a right. This conviction and the arguments that spawned it were repeated for many subsequent decades, forming the basis of the widespread Victorian belief in the ‘right of asylum’. (shrink)

One reason for the popularity of Craver’s mutual manipulability account of constitutive relevance is that it seems to make good sense of the experimental practices and constitutive reasoning in the life sciences. Two recent papers propose a theoretical alternative to in light of several important conceptual objections. Their alternative approach, the no de-coupling account, conceives of constitution as a dependence relation that once postulated provides the best explanation of the impossibility of breaking the common cause coupling of a macro-level (...) mechanism and its micro-level components. This entails an abductive view of constitutive inference. Proponents of the NDC or abductive account recognize that their discussion leaves open a big question concerning the practical dimension of the notion of constitutive relevanssssce: Is it possible to faithfully reconstruct constitutional reasoning in science in terms of a failure to de-couple, via interlevel experiments, phenomena from their mechanistic constituents? Focusing on the field of memory and long-term potential research, this article argues that the abductive account provides a more adequate description of interlevel experiments in neuroscience. We also suggest that the account highlights some significant practical recommendations of how to interpret the findings of interlevel experiments. 1Introduction 2Mutual Manipulability and Constitutive Relevance 2.1Constitutive relevance through an interventionist lens 2.2Mutual manipulability: A methodological application 3Trouble for the Mutual Manipulability Account 4The Abductive Account of Constitution 5The Abductive Account: A Methodological Application 5.1Long-term potential and memory experiments 5.2A comparative summary 6Conclusions. (shrink)

In the ever-expanding field of nuclear history, studies of ‘nuclear culture’ are becoming increasingly popular. Often situated within national contexts, they typically explore responses to the nuclear condition in the cultural modes of literature, art, music, theatre, film and other media, as well as nuclear imagery more generally. This paper offers a critique of current conceptions of ‘nuclear culture’, and argues that the term has little analytical coherence. It suggests that historians of ‘nuclear culture’ have tended to essentialize the nuclear (...) to the detriment of historical analysis, and that the wide variety of methodological approaches to ‘nuclear culture’ are simultaneously a strength and a more significant weakness, in that they have little shared sense of the meaning of the term, its theoretical underpinnings or its analytical purchase. The paper then offers a study of Ewan MacColl's 1946 play Uranium 235, whose career reveals much about the diversity of cultures of the nuclear in post-war Britain. The study moves us away from a single, homogeneous ‘British nuclear culture’ towards a pluralistic critical history of cultural responses to nuclearization. These responses, I conclude, should be seen as collectively constitutive of the nuclear condition rather than as passive reflections of it. (shrink)

The Sovereignty of Law presents Trevor Allan's most recent and fully elaborated defence of common law constitutionalism - an account of the unwritten or non-codified constitution as a complex articulation of legal and moral principles, defining what in the British context are the requirements of the rule of law. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation of powers. These principles.

Discussions concerning the modularity of the pain system have been focused on questions regarding the cognitive penetrability of pain mechanisms. It has been claimed that phenomena such as placebo analgesia demonstrate that the pain system is cognitively penetrated; therefore, it is not encapsulated from central cognition. However, important arguments have been formulated which aim to show that cognitive penetrability does not in fact entail a lack of modularity of the pain system. This paper offers an alternative way to reject the (...) modularity of the pain system, which is independent from, but consistent with, the presence of cognitive penetration. It is proposed that, given the current knowledge regarding the functioning and the structure of the pain system, there are good reasons to accept that certain central cognitive mechanisms are part of the pain system. It is argued that such a ‘cognitive constitution’ of the pain system entails that the pain system is not modular. (shrink)

This article uses a case-study of the relationship between the British suffrage organization, the Women's Social and Political Union, and its equivalent on the Irish side, the Irish Women's Franchise League, in order to illuminate some consequences of the colonial relationship between Britain and Ireland. As political power was located within the British state, and the British feminist movement enjoyed superior resources, the Irish movement was at a disadvantage. This was compounded by serious internal divisions within the (...) Irish movement — a product of the dispute over Ireland's constitutional future — which prevented the Franchise League, sympathetic to the nationalist demand for independence — from establishing a strong presence in the North. The consequences of the British movement organizing in Ireland, in particular their initiation of a militant campaign in the North, are explored in some detail, using evidence provided by letters from the participants. British intervention was clearly motivated from British-inspired concerns rather than from any solidarity with the situation of women in Ireland, proving to be disastrous for the Irish, accentuating their deep-rooted divisions. The overall argument is that feminism cannot be viewed in isolation from other political considerations. This case-study isolates the repercussions of Britain's imperial role for both British and Irish movements: ostensibly with a common objective but in reality divided by their differing response to the constitutional arrangement between the two countries. For this reason, historians of Irish feminist movements must give consideration to the importance of the ‘national question’ and display a more critical attitude towards the role played by Britain in Irish affairs. (shrink)

Histories of psychoanalysis largely respect the boundaries drawn by the psychoanalytic profession, suggesting that the development of psychoanalytic theories and techniques has been the exclusive remit of professionally trained analysts. In this article, I offer an historical example that poses a challenge to this orthodoxy. Based on extensive archival material, I show how British psychiatric social workers, a little-studied group of specialist mental hygiene workers, advanced key organisational, observational, and theoretical insights that shaped mid-century British psychoanalysis. In their (...) daily work compiling patient histories, conducting home visits, and interviewing the parents of ‘maladjusted’ children, psychiatric social workers were uniquely positioned to expose the importance of family relationships in the development of childhood neuroses. As this article details, their analytic attention to these dynamics not only influenced, but fundamentally constituted the innovative research on maternal-child relationships and family therapy pioneered by eminent psychoanalyst John Bowlby. In addition, psychiatric social workers produced and published independent psychoanalytic research, and fiercely debated the limitations of analytic concepts such as transference. In presenting the relationship between British psychiatric social work and psychoanalysis, this article suggests a new way of telling the history of both. (shrink)