This review shows how during COVID 19, poetry and theology both can soothe us. The collection of essays in this anthology is wide ranging engaging with Dante; right up to Wallace Stevens and Denise Levertov. The reviewer thanks the Ramakrishna Mission for providing him with a hard copy of this book. In passing; in the spirit of IndianLivesMatter, one notes that Prabuddha Bharata has never missed an issue from 1896 till date. In his long stint as reviewer for the Ramakrishna (...) Mission's mouthpiece; this reviewer had to perforce castigate authors. In this review which draws to an end his decade long pro bono career as a reviewer at Prabuddha Bharata; the reviewers bids his constant reader adieu. (shrink)

Burns, C. R. Introduction.--Antiquity: Margalith, D. The ideal doctor as depicted in ancient Hebrew writings. Edelstein, L. The Hippocratic oath. Edelstein, L. The professional ethics of the Greek physician. Michler, M. Medical ethics in Hippocratic bone surgery. Maas, P. L., Oliver, J. H. An ancient poem on the duties of a physician.--The medieval era: Levey, M. Medical deontology in ninth century Islam. Bar-Sela, A., Hoff, H. E. Isaac Israeli's fifty admonitions of the physicians. Rosner, F. The physician's prayer attributed to (...) Moses Maimonides. MacKinney, L. C. Medical ethics and etiquette in the early middle ages, the persistence of Hippocratic ideals. Welborn, M. C. The long tradition, a study in fourteenth-century medical deontology.--The modern period: Larkey, S. V. The Hippocratic oath in Elizabethan England. Pleadwell, F. L. Samuel Sorbiere and his Advice to a young physician. Clark, G. Bernard Mandeville, M.D., and eighteenth-century ethics. Burns, C. R. Thomas Percival, medical ethics or medical jurisprudence? Burns, C. R. Reciprocity in the development of Anglo-American medical ethics, 1765-1865. Williams, T. F. Cabot, Peabody, and the care of the patient. (shrink)

General jurisprudence-that branch of legal philosophy concerned with the nature of law and adjudication-has been relatively unaffected by the "naturalistic" strains so evident, for example, in the epistemology, philosophy of mind and moral philosophy of the past forty years. This paper sketches three ways in which naturalism might affect jurisprudential inquiry. The paper serves as a kind of precis of the main themes in my book NATURALIZING JURISPRUDENCE: ESSAYS ON AMERICAN LEGAL REALISM AND NATURALISM IN LEGAL PHILOSOPHY (Oxford (...) University Press, 2007). (shrink)

Tudor historians of Henry VIII's reign strove both to define the great political theological controversies of the day and to shape the future understanding of past events. This essay considers how Roman Catholic accounts of the life and martyrdom of Sir Thomas More, including those by Nicholas Harpsfield and Thomas Stapleton, shaped subsequent Protestant works of fiction, written during the 1590s. The essay explores, in particular, the collaborative play, Sir Thomas More, by Anthony Munday and revised by Shakespeare and others; (...) and Sir John Harington's references to More and Bishop John Fisher in the preface to his translation of Orlando Furioso and his extensive anecdotal remarks about More's scatological witticisms in his satirical tract, The Metamorphosis of Ajax. Such fictional works presage both the hesitant trend towards ecumenism and the imagined reunion of Christendom of the subsequent Jacobean reign, and the later emergence of the transnational secular public sphere, which transpired during the late seventeenth and eighteenth centuries. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Elizabethan Bacchae STEPHEN ORGEL Euripides’s Bacchae, with its antic hero and celebration of the joys of revenge, would seem to be especially relevant to Elizabethan drama, an ancestor of The Spanish Tragedy or Hamlet. In fact, however, it seems to have been practically unknown to the Elizabethans. With the new ProQuest version of EEBO (Early English Books Online) it is now possible to search early English (...) books for specific references; so I paired the name Euripides with books printed in England before 1640 to see what came up. I got 474 hits. Many of these, of course, were duplicates, appearing in works that were issued in multiple editions—the actual figure, however, was still something over three hundred. Most of those, however, were cases in which Euripides’s name simply appears in a list of famous ancient authors. Citations which actually quoted Euripides for the most part indicated no knowledge of the work cited, but were only bits of wisdom that might have come from any of the multitude of collections of aphorisms and moral stories throughout the period. There was only one English edition of a play of Euripides in Greek, The Trojan Women, published by John Day in 1575— continental editions were, of course, easily obtainable, but it must be to the point that English publishers did not see a sufficient market to produce them domestically; and there were no subsequent editions of Day’s Trojan Women. As for The Bacchae, I found only a single case where I believe it is being cited, and in a context, moreover, that indicates some familiarity with the play. John Bishop’s Beautiful Blossoms, a collection of historical anecdotes published in 1577, recounting the history of Demetrius, king of Macedonia, says, “Then fled Demetrius unto Thebes, where one scoffingly applied vnto him that verse arion 28.3 winter 2021 64 the elizabethan bacchae of Euripides: he came vnto the Dyrcean springs, and Ismenus, his divine and goodly fourme and shape being chaunged in to a mortall.”1 This is a version of a bit of Dionysus’s opening speech, I am here at the springs of Dirce, the river Ismenos, Changing my shape from divine to mortal... There is no reason to assume that John Bishop (about whom I can learn nothing) knew the play, but he is certainly citing someone who did. The play, then, to the Elizabethans was either practically unknown or deliberately ignored. It was not translated into English until the 1780s, and then two translations were published within a year of each other—for the English, it was an enlightenment and romantic text. Schlegel’s Lectures on Dramatic Art and Literature (delivered 1806, published 1846) and Nietzsche’s Birth of Tragedy (1872) were the works that established The Bacchae as the quintessential Greek tragedy, though for Nietzsche, ironically, the two destroyers of the Greek tragic sense, the two great cultural villains, were Euripides the ironist and Socrates the arch-rationalist. But Nietzsche sees Euripides, at the end of his life, having a major change of heart, realizing that Dionysus was simply too powerful to be expunged from art and society; and The Bacchae was thus the fullest expression of this tragic truth. The problems with this argument are manifold: Euripides the ironist is quite evident in The Bacchae, so it hardly represents a change of heart; and the claims of the irrational are fully present in his earlier plays, for example, in Hippolytus, where all the poetic energy is in expressing the uncontrollable violence of passion, and the virtues of morality and self-control are meagre indeed. The essay was soundly refuted in its own time, and Nietzsche withdrew and recanted it. Its celebrity is a modern phenomenon: whatever its historical defects, it speaks to the dangerous attractions of unreason. There is a perverse element in Nietzsche’s argument, too: Dionysus, as the embodiment of revelry, is surely as essential Stephen Orgel 65 to comedy as to tragedy; and one could press this further. At the end of The Symposium, Socrates tells Agathon and Aristophanes, tragic and comic dramatists, that their arts (or crafts: the word is techne) are essentially the same. Heavy weather has... (shrink)

This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to (...) be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory. (shrink)

Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at (...) the bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)

“Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is (...) not only consistent with traditional jurisprudence; it is an essential branch of it. (shrink)

What is law? Does it have a purpose? What is its relationship with justice? Do we have a moral duty to obey the law? These sorts of questions lie at the heart of jurisprudence. Moreover, every substantive or 'black letter' branch of the law raises questions about its own meaning and function. The law of contract cannot be properly understood without an appreciation of the concepts of rights and duties. The law of tort is directly related to several economic (...) theories of compensation. The criminal law is inextricably linked to philosophies of punishment? Understanding Jurisprudence explores these problems and provides an engaging introduction to the central issues of legal theory. The book navigates the reader through legal philosophy's fundamental concepts, concerns, and controversies. An experienced teacher of jurisprudence and distinguished writer in the field, Professor Wacks adopts an approach that is easy to follow and understand without avoiding the complexities and subtleties of the subject. Students of law, politics, philosophy, and other social sciences will find this an ideal guide to the essential themes of contemporary jurisprudence. Online Resource Centre A free online resource accompanies the book and provides the following resources: Analysis of current controversies of a jurisprudential nature such as current legal and moral controversies and political debates An additional chapter providing guidance and advice on the study of jurisprudence An interactive glossary of key terms relating to legal theory Further reading, including links to full text journal articles Questions and answers Useful Web links to support learning. (shrink)

Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine (...) is not a postmodernist (1997) -- Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence (2003) -- Part III. Naturalism, morality, and objectivity -- Moral facts and best explanations (2001) -- Objectivity, morality, and adjudication (2001) -- Law and objectivity (2002). (shrink)

The purpose of this succinct work is to present N. Machiavelli's classic republican view from his proposition of an inevitable paradox, the founding of an expansionist republic, difficult to govern, or the founding of a stable, but small and weak republic. Such a paradox, according to Machiavelli, should direct and condition all the constitutive devices of the republic when choosing what will be its destiny as a political body. The model of republic preferred by the Florentine will be the expansionist (...) model of Rome, leading him to assume all the devices that gave this republic its power. From this presentation of the Machiavellian proposition, we will analyse the assimilation of republican thought in England from the Elizabethan period, as well as the political-social scenario that exists there. This itinerary will allow us to understand, in general, why classical republicanism was received on English soil from the perspective of establishing a mixed, stable government, thus favouring the spread of the Venice myth as a serene republic and delaying the use, even that mitigated, of the republican presuppositions expressed in the Machiavellian work that directed towards a Roman model. (shrink)

This volume of essays traces the history of jurisprudence from classical times, and examines various interpretations of written laws.

The nature and scope of jurisprudence -- Rights and justice -- Law and morality -- Classical and modern natural law -- Classical and modern legal positivism -- Legal realism -- Sociological jurisprudence -- Critical legal studies.

This introduction to legal theory provides a broad overview of the main topics and theories and covers the central issues. Written in a straightforward style, the author conveys academically challenging and often controversial ideas in a lucid manner.

Collection of cases with decisions attributed to Cardinal William Allen and Robert Persons, S.J. -- Collection of cases discussed at the English College, Douai (which was at Rheims from 1578 to 1593).

“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred (...) account of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge’s appreciation of the particular characteristics of individual fact situations. [ABSTRACT FROM AUTHOR]. (shrink)

Law as it is -- Law and morality -- Social dimensions of law -- Rights and justice.

v. 1. Jurisprudence. The end of law -- v. 2. The nature of law -- v. 3. The scope and subject matter of law. Sources, forms, modes of growth -- v. 4. Application and enforcement of law. Analysis of general juristic conceptions -- v. 5. The system of law.

The second Yearbook of the Central East European Forum of Young Legal, Political and Social Theorists aims at reassessing some major legacies of jurisprudence and political philosophy, thereby celebrating one hundred years from the publication of the first important theoretical account of Hans Kelsen - Hauptprobleme der Staatsrechtslehre; the fifty-years anniversary of one of the most important contemporary books in legal theory - Herbert Hart's The Concept of Law; as well as the forty-years heritage of the most influential 20th (...) century account of justice - John Rawls's A Theory of Justice. On this occasion fourteen scholars from Eastern and Central Europe gave their accounts and interpretations of jurisprudential and political philosophical problems that persist or emerge anew in contemporary debates. (shrink)

Why, then, has Anglo-American jurisprudence remained staunchly indifferent to history? How has it been able to maintain its confident assumption that the analytical and the historical can be neatly...

In the United States, the steady yellow light means that a driver should either speed up or slow down. State laws written about a driver’s behavior at these yellow lights are vague and indeterminate and result in what is referred to as the dilemma zone (Hurwitz et al. in Transp Res Part F Traffic Psychol Behav 15(2): 132–143, 2012). This paper will reconsider law’s vagueness as intentional rather than problematic, insofar as cultural understandings of the yellow light lead to a (...) framework of visual jurisprudence in which drivers interact with law through legal discretion and common sense confronting a yellow light. Through a jurisprudential juxtaposition between the yellow light and red light cameras used to enforce yellow lights, the semiotics of automaticity compete with the semiotics of context-bound decision-making. (shrink)

This volume assembles ten studies of the life and work of Thomas Harriot (1560-1621). These are based on lectures that have been given annually at Oriel College, Oxford since 1990, by such authorities as Hugh Trevor Roper, David Quinn and John D. North. The contributions to Thomas Harriot. An Elizabethan man of science shed new light on all the main aspects of Harriot's life and stand as an important contribution to the re-evaluation of one of the most gifted and (...) intriguing figures in early modern British science. (shrink)

This textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape. It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of 'modern' political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that (...) result in a fresh and original perspective on the subject. The third edition includes a new chapter on feminist legal scholarship and non-Western approaches. Praise for the previous editions: 'An ideal starting place for anyone interested in, or studying, legal philosophy... Its simple but ambitious aim to provide a concise and accessible guide is easily achieved.' (Student Law Journal) 'A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own.' (Canadian Law Library). (shrink)

Basic jurisprudence and legal philosophy (Laws of the South Pacific series, no. 3) - Pub: University of the South Pacific, Institute of Justice & Applied Legal Studies, Suva.

This paper examines the public, private and political in the work of Adriana Cavarero by drawing upon the situations of two women whose lives feature in her work: Elizabeth I and Penelope. It includes an analysis of the way in which Cavarero is rethinking Hannah Arendt’s view of ‘the political.’ Cavarero’s exposition of the metaphor of the King’s two bodies in the common law is explored, along with her critique of hylomorphism. Finally, it extends her work in Stately Bodies by (...) considering different images of the power of the body in later political discourses regarding the worker’s body and the effect of the advance of techno-science. (shrink)

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and (...) unabridged text of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes an up-to-date bibliography and biographical synopses of the principal figures mentioned in the text. (shrink)

Jurisprudence - Essential Law Texts deals with the two main schools of jurisprudence, which are positivism and naturalism and also off-shoot movements of the positivist school, such as the historical and sociological schools of jurisprudence and of the naturalist school in the form of procedural natural law and the legal enforcement of morality. It explains the concept of a constitution which is basic to any legal system, and clarifies principles of justice and practices at play in the (...) resolution of disputes. This title is written by an Irish academic and is specifically tailored for the Irish student. Includes coverage of: Natural Law; Classical Natural Law; Modern Natural Law; Procedural Natural Law; The Legal Enforcement of Morality; Legal Positivism; Classical Positivism; Modern Positivism; Kelsen; American Legal Theory; Dworkin; Historical Theories of Law; Sociological Theories of Law; Dr Albert Keating is a barrister and senior lecturer in law in Waterford Institute of Technology. a. (shrink)

Providing balanced coverage of abortion, sexual harassment, censorship and pornography, and other timely and controversial subjects, this pathbreaking anthology is the first to offer a comprehensive introduction to feminist legal philosophy. An important resource for courses in women's studies, philosophy, law, sociology, and political science, it provides many stimulating insights into essential topics in jurisprudence, such as the nature and justification of law, judicial reasoning and the process of adjudication, the connection between law and equality, and freedom and justice.

African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various (...) legal traditions elsewhere, and as such can at best be described as ‘jurisprudence in Africa’ rather than ‘African jurisprudence’. It defends this thesis through analytic and comparative explications of the content of natural law theory and legal positivism as experienced on the continent. It concedes that relics of the colonial legal experience create contestations that inform scholars’ calls for a return to traditional legal systems. It concludes that a reconstructive jurisprudence in Africa must take cognisance of the continent’s historical and evolutionary legal experiences, but that a unified or monolithic theory may not be sufficient to address the choice of functional jurisprudence. Keywords African jurisprudence, jurisprudence in Africa, African legal evolution, diffused legal theories. (shrink)

This new book takes an innovative and novel approach to the study of jurisprudence. Drawing together a range of specialists, making original contributions, it provides a summary, analysis, and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical, leaving (...) students and the subject adrift. It picks up mid-range concepts such as rights, sovereignty, and adjudication and charts their interrelation and uses in law and legal theory. The approach taken to the subject is an interdisciplinary one, and involves making linkages with contemporary issues in political and social theory, such as the changing role of the state, forms of dispute resolution and the courts. It also addresses topics not normally covered, or covered only indirectly in other jurisprudence textbooks, such as globalisation and legal culture. Its coverage is therefore broad and links legal, political, philosophical, and social analysis. (shrink)