This festschrift collects a number of insightful essays by a group of accomplished Christian scholars, all of who have either worked with or studied under Hendrik Hart during his 35-year tenure as Senior Member in Systematic Philosophy at the Institute for Christian Studies, Toronto, Canada.

Friedrich Nietzsche's complex connection to Charles Darwin has been much explored, and both scholarly and popular opinions have tended to assume a convergence in their thinking. In this study, Dirk Johnson challenges that assumption and takes seriously Nietzsche's own explicitly stated 'anti-Darwinism'. He argues for the importance of Darwin for the development of Nietzsche's philosophy, but he places emphasis on the antagonistic character of their relationship and suggests that Nietzsche's mature critique against Darwin represents the key to understanding his (...) broader Darwinian position. He also offers an original reinterpretation of the Genealogy of Morals, a text long considered sympathetic to Darwinian naturalism, but which he argues should be taken as Nietzsche's most sophisticated critique of both Darwin and his followers. His book will appeal to all who are interested in the philosophy of Nietzsche and its cultural context. (shrink)

Friedrich Nietzsche's complex connection to Charles Darwin has been much explored, and both scholarly and popular opinions have tended to assume a convergence in their thinking. In this study, Dirk Johnson challenges that assumption and takes seriously Nietzsche's own explicitly stated 'anti-Darwinism'. He argues for the importance of Darwin for the development of Nietzsche's philosophy, but he places emphasis on the antagonistic character of their relationship and suggests that Nietzsche's mature critique against Darwin represents the key to understanding his (...) broader Darwinian position. He also offers an original reinterpretation of the Genealogy of Morals, a text long considered sympathetic to Darwinian naturalism, but which he argues should be taken as Nietzsche's most sophisticated critique of both Darwin and his followers. His book will appeal to all who are interested in the philosophy of Nietzsche and its cultural context. (shrink)

This article explores the possibility that some of the advantages of prospective overruling can be achieved by deploying the weaker prospective lawmaking technique of ‘not following’ which the author claims is a well‐established feature of the common law as is illustrated most recently by Hall v Simons [2000] 3 All E R 673. On the analysis presented, that case abolished the barristerial immunity for the future only. Some of the problems of time can been seen at their most acute in (...) R v Governor of Brockhill Prison, ex parte Evans [2000] 4 All ER 15 and the author ventures to suggest that had sufficient attention been paid to the distinction between ‘authoritatively overruling’ and ‘not following’ the extreme and nonsensical (but legally correct) outcome in that case might have been avoided. The unsatisfactory outcome is traced to the influence of the declaratory theory of the common law which holds that judicial decisions, especially those changing or correcting earlier decisions, are ‘inevitably retrospective’. The author therefore considers time as a problem not only for practice but also for legal theory and is concerned to challenge the descriptive and normative claims of the declaratory theory of the common law, even in the reinterpreted and diluted form which emerged from judicial opinion in, and academic comment on, Kleinwort Benson v Lincoln City Council [1999] 2 AC 349. (shrink)