This book brings together contributions from seventeen of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.
Liberalism is commonly believed, especially by its exponents, to be opposed to interference by way of enforcing value judgments or concerning itself with the individual's morality. My concern is to show that this is not so and that liberalism is all the better for this. Many elements have contributed to liberal thought as we know it today, the major elements being the liberalism of which Locke is the most celebrated exponent, which is based upon a belief in natural, human rights; (...) the liberalism of which Kant is the best known exponent, which is based on respect for persons as ends in themselves; and the liberalism of Bentham and the Mills, which is based upon utilitarian ethical theories and most especially with concern for pleasure and the reduction of pain. These different elements of liberalism have led to different emphases and different political and social arrangements, but all have involved a concern to safeguard values and to use force to that end. Today they constitute strands of thought which go to make up liberal thought as we now know it, hence it is not simply a historical fact about liberalism, but a fact about its philosophical basis, that liberalism is firmly involved in certain value and moral commitments. In the remainder of this paper I shall seek to bring this out. (shrink)
Considering Pragma-Dialectics honors the monumental contributions of one of the foremost international figures in current argumentation scholarship: Frans van Eemeren. The volume presents the research efforts of his colleagues and addresses how their work relates to the pragma-dialectical theory of argumentation with which van Eemeren’s name is so intimately connected. This tribute serves to highlight the varied approaches to the study of argumentation and is destined to inspire researchers to advance scholarship in the field far into the future. Replete with (...) contributions from highly-esteemed academics in argumentation study, chapters in this volume address such topics as: *Pragma-dialectic versus epistemic theories of arguing and arguments; *Pragma-dialectics and self-advocacy in physician-patient interactions; *The pragma-dialectical analysis of the ad hominem family; *Rhetoric, dialectic, and the functions of argument; and *The semantics of reasonableness. As an exceptional volume and a fitting tribute, this work will be of interest to all argumentation scholars considering the astute insights and scholarly legacy of Frans van Eemeren. (shrink)
It is easy to understand why Hegel's philosophy should be little studied by English-speaking philosophers today. Those who at the beginning of the twentieth century initiated the movement we are now caught up in presented their earliest philosophical arguments as criticisms of the prevailing Anglo-Hegelian views. It may now be thought illiberal to take much interest in this perhaps excusably slaughtered royal family, and positively reactionary to hanker after the foreign dynasty from which it sometimes claimed descent. Hegel was a (...) systematic philosopher with a scope hardly to be found today, and men who, as we say, wish to keep up with their subject may well be daunted at the idea of having to understand a way of looking at philosophy which they suspect would not repay them for their trouble anyway. Furthermore, since Hegel wrote, formal logic has advanced in ways he could not have foreseen, and has, it seems to many, destroyed the whole basis of his dialectical method. At the same time, the creation of a science of sociology, it is supposed, has rendered obsolete the philosophy of history for which Hegel was at one time admired. In countries where there are Marxist intellectuals, Hegel does get discussed as the inadvertent forerunner of historical and dialectical materialism. But in England, where there is no such need or presence, there do not seem to be any very strong ideological reasons for discussing him. In what follows I shall be asking you to direct your thoughts to certain forgotten far-off things which I hope you will find historically interesting even if you do not agree with me that they give important clues for an understanding of human nature and human society. (shrink)
Hadith scholars are individuals who play an important role in the spread of the Prophetic traditions. in the midst of his people, as an authoritative source after the Qur'an for the complete Islamic legal construct, which was previously discovered and compiled by the Imam of Hadith in their canonical books, like Imam Muḥammad ibn Ismā’īl al-Bukhārī in “Ṣaḥīḥ al-Bukhārī” and Muslim Imam ibn al-Ḥajjāj al-Naysābūrī in “Muslim Ṣaḥīḥ”, through long tracing from one country to another in order to obtain directly (...) one history from the source. The position of the Hadith scholars in this regard, who are at the spearhead of the spread of the Hadiths after their collection by the Imam of the Hadith, as well as their existence and consistency in guarding the Hadith from various forms of deviation of understanding of the people, become an integral part of an integral circle named Hadith, as a saying of the Prophet, the Rabbis and the Imams. (shrink)