This paper argues that a thorough discussion on women’s rights needs to go beyond progress in civil and political rights. Looking comparatively at Iran and Turkey, it posits that the legal and political context of secularism v. theocracy has much less of an impact than expected, and suggests that other variables offer much more compelling explanations. The paper combines feminist constructivist insights with the broader lens of world -system theory to hypothesize that the explanation for women‘s inequality in employment is (...) found at the intersection of endogenous gender constructions heavily influenced by culture and religion, and of an international economic order that contributes to the reproduction of a patriarchal structure in poorer countries, regardless of their political system. (shrink)

This paper compares and evaluates two forms of dissent: civil disobedience — protests by citizens against the laws or actions of their government; and whistleblowing — disclosure by employees of illegal, immoral or questionable practices by their employees. Each is identified, the conceptual issues are distinguished from strategic and normative ones and parallel moral questions posed. Should one first dissent within prescribed channels before going outside them? Should one act publicly or is withholding one's identity permissible or desirable? What is (...) the basis and limits for one's loyalty to one's country or employer, and how can transgressing these limits be morally justified? (shrink)

Since the start of the new millennium, many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected and presented in court. One generator of the reforms in the field of evidence-taking in recent decades has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need (...) to adjudicate disputes in a swift, cost-effective and efficient way is still one of the key challenges. The second reason that many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. As the balance between, on the one side, traditional human rights such as the right to privacy and due process is shifting towards, on the other side, the modern need for security, efficiency and quick access to justice, the perception of what is admissible or not in the context of evidence-taking is changing as well."--Back cover. (shrink)

In this paper, I compare the extent of Anglo-American judicial engagement in response to civil disobedience with that of the French judiciary. I begin by examining what the civil disobedient can realistically expect to achieve in a court of law. I shall argue that his priority should be to require the judge, acting as a mouthpiece for the law, to respond to his complaints. To do this, the civil disobedient must be able to deny liability for the offence he has (...) allegedly committed by urging a different interpretation of the law on the basis of an alternative -- but plausible -- reading of constitutional or human rights. If the civil disobedient can do this, he can claim a victory of sorts, even if his claims are ultimately unsuccessful. But legal culture can present a further barrier. Judges have different roles in different jurisdictions and therein lie further difficulties for the French civil disobedient. (shrink)

Thomas Hobbes’s Leviathan is well known for presenting a political philosophy based on a mechanistic account of human beings that offers the pain–pleasure response (or the peace–fear response) as a basis on which to make political choices. Although it has been subjected to countless treatments over the centuries, its account of civil religion in Part 3, “Of a Christian Commonwealth”, based on a highly original reading of the Bible, is deserving of further examination. Following an overview of a long line (...) of pagan and later monotheistic Christian and Muslim thinkers who advance the position that religion is a way of civilizing or uniting the masses, including Thucydides, Cicero, Augustine, Ibn Sina (Avicenna), Ibn Rushd (Averroes) and Pomponazzi, amongst others, I argue that Hobbes turns this notion on its head by arguing that religion can cause the de-civilizing of the masses, and indeed can foment civil war, leading him to the solution of separating belief from practice, with the former a solely private matter and the latter the exclusive purview of the state. In its Hobbesian schema, this great divorce of belief and practice – rather than a call for tolerance or pluralism – is sacrifice that is necessary in order to create the religious homogeneity required to sustain the body politic in the form of the great Leviathan. (shrink)

This book explores how the Hebraic and classical traditions forming our Western heritage combined from about 300 BCE to 300 CE. James Arieti investigates the principal causes of the merger in the common model of God that developed in the Greek philosophical schools, along with its ethical implications, and the shared portrayal in biblical, rabbinic, and postclassical literature of the compassionate warm character that we recognize as a mentsh.

The aim of this paper is to offer a comparative survey of Bacon's theory and practice of natural history and of civil history, particularly centered on their relationship to natural philosophy and human philosophy. I will try to show that the obvious differences concerning their subject matter encompass a number of less obvious methodological and philosophical assumptions which reveal a significant practical and con ceptual convergence of the two fields. Causes or axioms are prescribed as the theoretical end-products of (...) natural history, whereas precepts are envisaged as the speculative outcomes derived from perfect civil history. In spite of this difference, causes and precepts are thought to enable effective action in order to change the state of nature and of man, respectively. For that reason a number of common patterns are to be found in Bacon's theory and practice of natural and civil history. (shrink)

This study of the comparative ethics of war seeks to open a discussion about whether there are universal standards in the ideologies of warfare between the major religious traditions of the world. The project looks at the ideology of war in the major Asian religious traditions. Does our exploration of the ethics of war in Asian civilizations have any bearing on the pressing questions of armed conflict today? It has become clear that Islamic ethics and law contain sophisticated concepts (...) of both just war (jus ad bellum) and just warfare (jus in bello) . The contributions of this work explore the central issues of just war in non-Western religious traditions. This new approach will be of interest to scholars of religion and war studies. (shrink)

Civilization, Modernity, and Critique provides the first comprehensive, cutting edge engagement with the work of one of the most foundational figures in civilizational analysis: Johann P. Arnason. In order to do justice to Arnason's seminal and wide-ranging contributions to sociology, social theory and history, it brings together distinguished scholars from a variety of disciplinary backgrounds and geographical contexts. Through a critical, interdisciplinary dialogue, it offers an enrichment and expansion of the methodological, theoretical, and applicative scope of civilizational analysis, by (...) addressing some of the most complex and pressing problems of contemporary global society. A unique and timely contribution to the ongoing task of advancing the project of a critical theory of society, this volume will appeal to scholars of sociology and social theory with interests in historical sociology, critical theory and civilizational analysis. (shrink)

The purpose of this investigation is to define the central issues of the current and future relations between the Western and Chinese civilizations through the evaluation of the myths and realities of these relations. The methodology is based on an interdisciplinary big-picture view of the world scene, driven by the global economy and civilization with an attempt to compare both civilizations according to key criteria. Among the findings are: Today China has become a “robot” of the West. Due to (...) its old culture and ability to invent important civilizational tools, China is becoming an independent developer of its own economic power, and it is very probable that it will surpass its master sooner or later. Due to its transformation to a global civilization, Western civilization has lost its Christian values and adopted new ones based on business. It is probable that the economic success of China will lead to a clash between civilizations, both grasping for access to the strategic resources. Practical implication: Society should elaborate the path to the development of wise civilization driven by a new political system, ecoism.Social implication: It is probable that if the “1%” won’t self-correct its misbehavior, a social revolution by the “99%” cannot be excluded from the current calendar ofWestern civilization. Originality: This investigation, by providing the interdisciplinary and civilizational approach, expands the scope of the traditional relevant approach. (shrink)

The purpose of this investigation is to define the central issues of the current and future relations between the Western and Chinese civilizations through the evaluation of the myths and realities of these relations. The methodology is based on an interdisciplinary big-picture view of the world scene, driven by the global economy and civilization with an attempt to compare both civilizations according to key criteria. Among the findings are: Today China has become a “robot” of the West. Due to (...) its old culture and ability to invent important civilizational tools, China is becoming an independent developer of its own economic power, and it is very probable that it will surpass its master sooner or later. Due to its transformation to a global civilization, Western civilization has lost its Christian values and adopted new ones based on business. It is probable that the economic success of China will lead to a clash between civilizations, both grasping for access to the strategic resources. Practical implication: Society should elaborate the path to the development of wise civilization driven by a new political system, ecoism.Social implication: It is probable that if the “1%” won’t self-correct its misbehavior, a social revolution by the “99%” cannot be excluded from the current calendar ofWestern civilization. Originality: This investigation, by providing the interdisciplinary and civilizational approach, expands the scope of the traditional relevant approach. (shrink)

How far can we construct a framework within which to compare different traditions of philosophy and science across civilizations? The first problem lies with the terms “philosophy” and “science” themselves, for they carry particular associations in Western thought, some of which contribute to the mistaken view that they are uniquely Western activities. This brief article refutes that view, examining how we can compare the philosophical and scientific achievements of different cultures, and further challenging the sharp positivist dichotomy between “science” and (...) “philosophy” that stems from equating the former with facts, the latter with values. (shrink)

How far can we construct a framework within which to compare different traditions of philosophy and science across civilizations? The first problem lies with the terms “philosophy” and “science” themselves, for they carry particular associations in Western thought, some of which contribute to the mistaken view that they are uniquely Western activities. This brief article refutes that view, examining how we can compare the philosophical and scientific achievements of different cultures, and further challenging the sharp positivist dichotomy between “science” and (...) “philosophy” that stems from equating the former with facts, the latter with values. (shrink)

The time when Guerras civiles de Granada was written produced a long process of assimilation and acculturation for the moriscos. The occurrences in this process mark the narrative tone of each part of the work, which is, more than a mere reflection of the epoch, an appeal to the contemporaries for consideration of the moriscos’ cause. The first part hints at the same direction as El Abencerraje and the second, Libros plúmbeos.

The vast majority of work on the ethics of war focuses on traditional wars between states. In this chapter, I aim to show that this is an oversight worth rectifying. My strategy will be largely comparative, assessing whether certain claims often defended in discussions of interstate wars stand up in the context of civil conflicts, and whether there are principled moral differences between the two types of case. Firstly, I argue that thinking about intrastate wars can help us make (...) progress on important theoretical debates in recent just war theory. Secondly, I consider whether certain kinds of civil wars are subject to a more demanding standard of just cause, compared to interstate wars of national-defence. Finally, I assess the extent to which having popular support is an independent requirement of permissible war, and whether this renders insurgencies harder to justify than wars fought by functioning states. (shrink)

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers (...) to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise. (shrink)

The Civil Economy approach, as developed by Italian economists Luigino Bruni and Stefano Zamagni, aims at introducing reciprocity into the economy as a humanizing factor. Despite being presented as an innovative perspective, the CE approach shares many characteristics with the German model of Social Market Economy. The present paper compares both approaches, showing that they in fact share a normative basis and similar aims but address them from diverse points of view; namely, CE addresses them from a virtue ethics perspective (...) and SME from an institutional ethics one. This leads them to stress different aspects and to focus on diverse problems. Therefore, CE would not constitute an alternative to SME but a complement. Thus, a combination of both approaches should allow each to take advantage of their respective strengths and lead to a better result in terms of the common good. (shrink)

Is it possible to compare civilizations one with another? Is it possible, in other words, to construct some neutral and objective framework in terms of which we could establish in what respects one civilization might deserve to be ranked more highly than its competitors? Morality will surely provide one axis of such a framework (and we note in passing that believers in Islam might quite reasonably claim that their fellow-believers are characteristically more moral than are many in the West). (...) Criteria such as material well-being will need to play a role, too, as also will happiness or pleasure (and again we note that it is not clear a priori that there is more happiness in the West than there is in other civilizations). But even happiness (pace some proponents of the utilitarian philosophy) comes in different types, and to count in the civilization stakes the happiness involved would presumably need to be of the right kind. We explore what this might mean in terms of the idea of a self-chosen life plan. (shrink)

This is the first book-length study of the development of civility in Chinese societies. Although some social scientists and political philosophers have discussed civility, none has defined it as an analytical tool to systematically measure attitudes and behavior, and few have applied it to a non-Western society. By comparing the development of civility in mainland China and Taiwan, Civility and Its Development: The Experiences of China and Taiwan analyzes the social conditions needed for civility to become established in a society. (...) Schak argues that the attempts to impose civility top-down from the state are ineffective. Civility appeared in Taiwan only after state efforts to impose it ceased at the end of the 1980s when Taiwan began to democratize, and the PRC government civility campaigns have so far had only limited success. The book concludes with an examination of various differences between Taiwan and the PRC relevant to Taiwan’s having become a society with civility while the PRC still encounters difficulties in doing so. The essential factor in developing civility in Taiwan, Schak contends, was its evolution from a place composed of myriad small, inward-looking communities to a society in which everyone shares a strong identity and civic consciousness, and people consider others as fellow members, not anonymous strangers. “This book represents the most thorough review of what social scientists once called ‘the civilizing process’ in Chinese society. David C. Schak builds on the earlier studies on this issue and goes well beyond the established literature.” —James Watson, Fairbank Professor of Chinese Society and Professor of Anthropology, Emeritus, Harvard University “This is a topic that people talk about all the time, and David C. Schak draws a lot of material together in a systematic and comprehensive way that can stimulate important discussions beyond the academy.” —Thomas Gold, Professor of Sociology, University of California, Berkeley. (shrink)

Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making— one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of (...) comparative politics, constitutional law, and East European studies. (shrink)

Violent conflict between individuals and groups was as common in the ancient world as it has been in more recent history. Detested in theory, it nevertheless became as frequent as war between sovereign states. The importance of such ‘_stasis_’ was recognised by political thinkers of the time, especially Thucydides and Aristotle, both of whom tried to analyse its causes. Violence, Civil Strife and Revolution in the Classical City, first published in 1982, gives a conspectus of _stasis_ in the societies of (...) Greek antiquity, and traces the development of civil strife as city-states grew in political, social and economic sophistication. Aristocratic rivalry, tensions between rich and poor, imperialism and constitutional crisis are all discussed, while special consideration is given to the attitudes of the participants and the theoretical explanations offered at the time. In conclusion, civil strife in the ancient world is compared to more recent conflicts, both domestic and international. (shrink)

Comparative philosophy is a relatively new field of study, research, achievement in understanding and teaching. The purpose of this work is to help clarify the nature of comparative philosophy; to survey views about the kinds of standards that may be used as bases for comparisons; and the propose an hypothesis comparing pervasive traits of the philosophies of Western, Indian, and Chinese civilizations.

Constructing Global Enemies asks how and why specific interpretations of international terrorism and drug abuse have become hegemonic at the global level. The book analyses the international discourses on terrorism and drug prohibition and compares efforts to counter both, not only from a contemporary but also from a historical perspective. Utilising poststructuralist theory of the relationship between hegemony and identity, Herschinger argues that hegemony is much more than just the dominance of a single country in international life; rather it is (...) the emergence of a hegemonic order that can best be understood as the production of a new collective identity. Offering an in-depth discussion of the methodology of discourse analysis, the book explores how such hegemonies emerge and persist in the field of security. This serves to explain the widespread disagreement regarding the fight against international terrorism as well as the successful suppression of counter-hegemonic projects in the field of international drug prohibition. Constructing Global Enemies will be of interest to students and scholars of international relations and security studies." from paperback back cover. (shrink)

Comparing the Gandhian idea of civil disobedience to those of Rawls and other modern thinkers, Haksar here demonstrates the relevance of Gandhi's thought to contemporary society and politics.

Civilizational analysis is increasingly being used to capture the plurality of routes to and through the modern world order. However, the concept of civilization betrays a colonial legacy, namely, a denial that colonized peoples possessed the creative ability to cultivate their own subjecthoods. This denial was especially acute when it came to enslaved Africans in the New World whose bodies were imagined to be deracinated and deculturated. This article proposes that civilizational analysis has yet to fully address this legacy (...) and, to clarify the stakes at play, compares and contrasts the historical sociology of CLR James with the mytho-poetics of Derek Walcott. Both authors, in different ways, have attempted to endow that quintessentially un-civilizable body – the New World slave – with subjecthood. From this discussion, the article makes the case for developing a ‘poetics of slavery’ that could help to address the colonial strictures still residual in the concept of civilization. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public (...) domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This book is a textbook designed for teaching a new subfield in political science: the emerging field of "comparative political theory". It is the first such textbook. As taught in American universities, political theory has been traditionally confined to the history of Western political thought from Plato and Aristotle to Hegel and Nietzsche. The editor believes strongly that this limitation is no longer tenable in our globalizing age when different cultures and civilizations are increasingly communicating and interacting with each (...) other. The text focuses on three areas: Islamic civilization, Indian civilization, and Far Eastern civilizations. In each area the text offers an introduction followed by readings dealing with ancient or classical teachings as well as modern and contemporary theoretical developments. In making these selections, the editor has been ably assisted by experts in the respective fields (Roxanne Euben, Anthony Parel, and Theodore deBary). The text is meant mainly for undergraduate classes but can be consulted with benefit also by more advanced students as well as by the general reading public. (shrink)

I HEARTILY accept the motto, “That government is best which governs least;” and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe,—“That government is best which governs not at all;” and when men are prepared for it, that will be the kind of government which they will have. Government is at best but an expedient; but most governments are usually, and all governments are sometimes, inexpedient. (...) The objections which have been brought against a standing army, and they are many and weighty, and deserve to prevail, may also at last be brought against a standing government. The standing army is only an arm of the standing government. The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure. This American government,—what is it but a tradition, though a recent one, endeavoring to transmit itself unimpaired to posterity, but each instant losing some of its integrity? It has not the vitality and force of a single living man; for a single man can bend it to his will. It is a sort of wooden gun to the people themselves. But it is not the less necessary for this; for the people must have some complicated machinery or other, and hear its din, to satisfy that idea of government which they have. Governments show thus how successfully men can be imposed on, even impose on themselves, for their own advantage. It is excellent, we must all allow. Yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of its way. It does not keep the country free. It does not settle the West. It does not educate. The character inherent in the Ameri-. (shrink)

Civil society is one of the most used - and abused - concepts in current political thinking. In this important collection of essays, the concept is subjected to rigorous analysis by an international team of contributors, all of whom seek to encourage the historical and comparative understanding of political thought. The volume is divided into two parts: the first section analyses the meaning of civil society in different theoretical traditions of Western philosophy. In the second section, contributors consider the (...) theoretical and practical contexts in which the notion of civil society has been invoked in Asia, Africa and Latin America. These essays demonstrate how an influential Western idea like civil society is itself altered and innovatively modified by the specific contexts of intellectual and practical life in the societies of the South. (shrink)

Civil status, and particularly birth certificates, rather than identity papers, are the legal basis of identification in France. Its nineteenth-century history presents a complex picture, which cannot be reduced to a process of increasing state control. Far from implementing ambitious registration projects, French liberal administration left information scattered and scarce as compared to European standards. It had to find a balance between the need to provide open information in order to minimize uncertainty in social and economic relationships, and the protection (...) of personal and family honour and reputation. Citizens' agency and consent have been determinant in this process, whose traces are still visible in contemporary France. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely (...) Issues of Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

Hailing from the American South, I was a slow student, awakened by Plato in high school and introduced to philosophy in college. Alienated from analytic trivia and minutia, I did graduate work in Greek philosophy at Syracuse University. My first academic job at Memphis State University involved me in the Southern Civil Rights Movement; my second at the Wisconsin State University-Stevens Point involved me in the environmental movement and inspired me to create first environmental ethics and then, in collaboration with (...) Roger Ames, comparative environmental philosophy. In the face of unprecedented challenges, such as global climate change, academic philosophy must abandon its preoccupation with arcane puzzles and its studied intellectual isolation and work collaboratively with the natural and social sciences if it is to survive in the competitive and accountable academic climate of the twenty-first century. (shrink)

The devastating impact of the national opioid epidemic has given rise to hundreds of lawsuits. This article details the extremely broad range of legal claims, compares the opioid cases to other public health litigation efforts, including tobacco, and describes the special mechanism — a multidistrict litigation — through which more than 700 opioid-related cases have been consolidated thus far, with settlement almost certain to follow.

A reconstruction of the history of the wording civil society and of the curious twist in its usage and meaning, highlighting why the term had an important role in Continental political thinking and was ignored until comparatively recently in Anglo-Saxon political discourse.