The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.
This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. (...) Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government-one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law , addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS. (shrink)
Hegel's often-echoed verdict on the apolitical character of philosophy in the Hellenistic age is challenged in this collection of new essays, originally presented at the sixth meeting of the Symposium Hellenisticum. An international team of leading scholars reveals a vigorous intellectual scene of great diversity: analyses of political leadership and the Roman constitution in Aristotelian terms; Cynic repudiation of the polis - but accommodation with its rulers; Stoic and Epicurean theories of justice as the foundation of society; Cicero's moral critique (...) of the traditional political pursuit of glory. The volume as a whole offers a fresh and comprehensive guide to the main currents of social and political philosophy in a period of increasing interest to classicists, philosophers and cultural and intellectual historians. (shrink)
The formation of citizenship as a concept to define the rights of participation in the formation processes of modern territorial states is well known. But the transnational dimensions of defining citizenship and how to combine national legislations with enlightened universal and natural law rules in the mid-19th century is not very well known. The article aims to explore the transnational discourses on the political, economic and moral rights and duties of the citizen in the pan—European liberal Association Internationale pour le (...) Progrès des Sciences Sociales. During the 1860s, its congresses should serve as a vast commission of enquiry and should eventually lead to a general definition of citizenship in Europe which could be implemented in national legislations. The article shows how the Association Internationale tried to deduce universal moral rules from national legislations and peculiarities by the means of moral or positive social science. In combining moral unity with national and regional diversities, the Association Internationale tried to give an elastic framework for a European civil society in which national subjects should become active citizens. (shrink)
Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.
The law-governed world-picture -- A remarkable idea about the way the universe is cosmos and compulsion -- The laws as the cosmic order : the best-system approach -- The three ways : no-laws, non-governing-laws, governing-laws -- Work that laws do in science -- An important difference between the laws of nature and the cosmic order -- The picture in four theses -- The strategy of this book -- The meta-theoretic conception of laws -- The measurability approach to laws -- What (...) comes where -- In defense of some received views -- Some assumptions that will be in play -- The laws are propositions -- The laws are true -- The logically contingent consequences of the laws are laws themselves -- At least some laws are metaphysically contingent -- The meta-theoretic conception of laws -- Laws of nature, laws of science, laws of theories -- The first-order conception versus the meta-theoretic conception -- What is a law of nature? -- Some examples of meta-theoretic accounts -- The virtues of the meta-theoretic conception -- Weighing the virtues and shortcomings of the meta-theoretic conception -- An epistemological argument for the meta-theoretic conception of laws -- The discoverability thesis, the governing thesis, and the first-order conception -- The main argument -- The objection from bad company -- The objection from inference to the best explanation -- The objection from bayesianism -- The objection from contextualist epistemology -- The objection from the threat of inductive skepticism -- Laws, governing, and counterfactuals -- Where we are now -- What would things have to be like in order for the laws of nature to govern the universe? -- Lawhood, inevitability, counterfactuals -- What is it for a proposition to be inevitably true? -- What is it for a whole class of propositions to be inevitably true? -- What is it for lawhood to confer inevitability? -- NP and supporting counterfactuals -- The worry about context-variability -- A solution and a look ahead -- When would the laws have been different? -- Where we are now -- The God cases -- Other counterexamples to NP -- A moral-theoretic counterexample to NP -- Scientific contexts and non-scientific contexts -- Scientific God cases? -- Lewisian non-backtracking counterexamples -- Where things stand now -- How could science show that the laws govern? -- Why the law-governed world-picture must include the science-says-so thesis -- What is extra-scientific? -- How can the science-says-so thesis be true? -- NP as a consequence of the presuppositions in any scientific context -- Np as true in all possible scientific contexts -- But how could it be so? -- Attack of the actual-factualists -- Measurement and counterfactuals -- Where we are now -- Measurements, reliability, counterfactuals -- A general principle that captures the relation between measurement and counterfactuals -- What we can learn about lawhood from what we have learned about the counterfactual commitments of science -- A first-order account of laws or a meta-theoretic account of laws? -- What methods are presupposed to be legitimate measurement procedures? -- Why we must adopt a meta-theoretic account of laws -- What lawhood is -- Where we are now -- The measurability account of laws -- Brief review of the case for the mal -- A note about hedged laws -- How plausible is the mal? -- What if we don't care about the law-governed world-picture? -- Newton's God and Laplace's demon -- Beyond humean and non-humean -- Two views of laws -- Humean supervenience and the meta-theoretic conception -- Alleged counterexamples to humean supervenience -- Governing and non-trivial necessity -- How the mal lets us have it all -- Humeanism? non-humeanism? -- What is the significance of the idea of the law-governed universe? -- Where in the world are the laws of nature? -- Appendix: The mal in action : a few examples -- Of scientific theories and their laws -- Newton's theory as a paradigm example -- Classical special-force laws -- Geometrical optics and one of its laws -- Local deterministic field theories. (shrink)
The desire for unity among Christians, called the popular term "ecumenism", has its origins. The split between the Byzantine and Catholic churches finally established itself in the minds of ordinary people after the Crusades and the capture of the Crusaders of Constantinople in 1204. Subsequent centuries were marked by unity competitions, but the Roman Catholic Church was the initiator of these competitions. In Catholic theology, all churches that were not under papal jurisdiction were considered to be objects of missionary activity. (...) The result of such missionary unity was the deepening of the divide between the Catholic and Eastern churches. Segments of the latter proclaimed unity with Rome, beginning their existence as Uniate churches. (shrink)
The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...) there are certain constraints as to what kind of properties an object can have, and especially: some of these properties are mutually exclusive. Given this characterisation, I will advance to examine what kind of challenges the law of non-contradiction faces; the main opponent here is Graham Priest. I will consider these challenges and conclude that they do not threaten the truth of the law of non-contradiction understood as a metaphysical principle. (shrink)
Charles James William Pfoundes (1840?1907), a young emigrant from Southeast Ireland, spent most of his adult life in Japan, received a Japanese name ?Omoie Tetzunostzuke?, first embraced and then turned against Theosophy and, from 1893, was ordained in several Japanese Buddhist traditions. Lacking independent means but educated, intellectually curious, entrepreneurial, fluent in Japanese and with a keen interest in Asian culture, Pfoundes subsisted as a cultural intermediary, explaining Japan and Asia to both Japanese and foreign audiences and actively seeking involvement (...) in global expositions and congresses, in Asia and beyond. Drawing on a previously unstudied collection of Pfoundes' personal documents, this paper first outlines Pfoundes' unusual career and then focuses on his engagement, in the last 15 years of his life, in actual or proposed international congresses and expositions in London, Chicago, Japan, Hanoi, St Louis and Oregon. The paper thereby draws attention, through the forgotten figure of Charles Pfoundes, to the distinctive nineteenth century phenomenon of great international expositions and their associated congresses, viewing these complicated events as another kind of crossroads; innovative nodes and material stimuli to the kinds of travel, cultural communication and interaction which, like monastic, trade, political and ethnic networks, helped to exchange and promote modern representations of Buddhism. (shrink)
Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.
The Law of Non-Contradiction - that no contradiction can be true - has been a seemingly unassailable dogma since the work of Aristotle, in Book G of the Metaphysics. It is an assumption challenged from a variety of angles in this collection of original papers. Twenty-three of the world's leading experts investigate the 'law', considering arguments for and against it and discussing methodological issues that arise whenever we question the legitimacy of logical principles. The result is a balanced inquiry into (...) a venerable principle of logic, one that raises questions at the very centre of logic itself. The aim of this volume is to present a comprehensive debate about the Law of Non-Contradiction, from discussions as to how the law is to be understood, to reasons for accepting or re-thinking the law, and to issues that raise challenges to the law, such as the Liar Paradox, and a 'dialetheic' resolution of that paradox. The editors contribute an introduction which surveys the issues and serves to frame the debate, and a useful bibliography offering a guide to further reading. This volume will be of interest to anyone working on philosophical logic, and to anyone who has ever wondered about the status of logical laws and about how one might proceed to mount arguments for or against them. (shrink)
How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are (...) consistent with all the essential characteristics of any legal system. Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings. In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law. Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law. (shrink)
This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal of freedom or independence from the power of others. The moral value and justificatory force of law are not contingent upon circumstance, but intrinsic to its character. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realization of the idea of law. In making these claims, the author rejects the viewpoint of much contemporary (...) legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophies as confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection, but the relationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realize moral or political ideals; and some ideals can be conceived only by reference to their expression in institutions. (shrink)
Natural law theory has been undergoing a revival, especially in political philosophy and jurisprudence. Yet, most fundamentally, natural law theory is not a political theory, but a moral theory, or more accurately a theory of practical rationality. According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action and to explain how choice between actions worth (...) performing can be appropriately governed by rational standards. These standards are justified by reference to features of the human goods that are the fundamental reasons for action. This book is a defence of a contemporary natural law theory of practical rationality, demonstrating its inherent plausibility and engaging systematically with rival egoist, consequentialist, Kantian and virtue accounts. (shrink)