To generations of lawyers, H. L. A. Hart is known as the twentieth century's greatest legal philosopher. Whilst his scholarship revolutionized the study of law, as a social commentator he gave intellectual impetus to the liberalizing of society in the 1960s. But behind his public success, Hart struggled with demons. His Jewish background, ambivalent sexuality, and unconventional marriage all fuelled his psychological complexity; allegations of espionage, though immediately quashed, nearly destroyed him. Nicola Lacey s biography explores the forces (...) that shaped an extraordinary life. (shrink)
Understanding how the professional ideals and values of partners influence lawyers' everyday life is a relatively unexplored area given the inherent difficulties of gaining access to lawyers. This case study sheds light on the professional ideals and ethical values of partners and lawyers in a mid-tier Sydney law firm. Semi-structured interviews with partners and lawyers/legal clerks reveal how partners' professional ideals and ethical values play a pivotal role in: (1) upholding positive normative evaluations of lawyer/firm propriety (...) (moral legitimacy), (2) stressing the importance of a balanced working life (cognitive legitimacy) and (3) satisfying younger lawyers' needs for personal support, autonomy and responsibility (pragmatic legitimacy). The principled actions of partners are portrayed as the cornerstone of shaping a moral community in legal practise. (shrink)
Abstract Biography is usually distinguished from history and, in comparison, looked down upon. R. G. Collingwood's view of biography seems to fit this statement considering that he says it has only gossip-value and that “history it can never be“. His main concern is that biography exploits and arouses emotions which he excludes from the domain of history. In the paper I will try to show that one can salvage a more positive view of biography from within (...) Collingwood's work and claim that his explicit attacks against biography target specifically the sensationalist kind. First, I will show that Collingwood, in his later writings, allowed that, not only thought, but also relevant emotions can be the subject matter of history, which means that even if one takes biography to deal with emotions, it can still qualify as history. Second, I will argue, based mainly on Collingwood's Principles of Art , that biography can be compared to portrait painting, in which case, it can be redeemed as a work of art and not just craft and, thus, have more than entertainment value. It can also be part of history, and more specifically part of the history of art which Collingwood endorses, if one takes the life of an individual, recounted by a biographer, to be an artistic creation, as Collingwood seems to suggest. (shrink)
This book constitutes the first volume of a projected two-volume intellectual biography of Auguste Comte, the founder of modern sociology and a philosophical movement called positivism. Volume One offers a reinterpretation of Comte's "first career," (1798-1842) when he completed the scientific foundation of his philosophy. It describes the interplay between Comte's ideas and the historical context of postrevolutionary France, his struggles with poverty and mental illness, and his volatile relationships with friends, family, and colleagues, including such famous contemporaries as (...) Saint-Simon, the Saint-Simonians, Guizot, and John Stuart Mill. Pickering shows that the man who called for a new social philosophy based on the sciences was not only ill at ease in the most basic human relationships, but also profoundly questioned the ability of the purely scientific spirit to regenerate the political and social world. (shrink)
Interviewing offers the biographer unique opportunities for gathering data. I offer three examples. The emphatic bacterial geneticist Norton Zinder confronted me with an interpretation of Barbara McClintock's science that was as surprising as it proved to be robust. The relaxed setting of the human geneticist Walter Nance's rural summer home contributed to an unusually improvisational oral history that produced insights into his experimental and thinking style. And "embedding" myself with the biochemical geneticist Charles Scriver in his home, workplace, and city (...) enabled me to experience the social networks that drive the practical events of his career, which in turn helped me explain the theoretical basis of his science. Face-to-face interaction and multisensory experience will shape each biographer's experience uniquely. Recent developments in sensory physiology suggest that the experience of integrating sense data encourages different patterns of observation and reflection. It is reasonable, then, to think that biography based on face-to-face interviews will, for a given author, have a different character than one based entirely on documents. I reflect on how interviewing shapes my own writing and I encourage the reader to do the same. (shrink)
The life of George Price (1922-1975), the eccentric polymath genius and father of the Price equation, is used as a prism and counterpoint through which to consider an age-old evolutionary conundrum: the origins of altruism. This biographical project, and biography and history more generally, are considered in terms of the possibility of using form to convey content in particular ways. Closer to an art form than a science, this approach to scholarship presents both a unique challenge and promise.
In this paper the authors seek to contribute to a new ontology of an embodied, desiring subject through an exploration of their own subjectivities and of the ways in which subjectivities are produced and transformed through affective attachments to place. Using the method of collective biography and drawing on Deleuze and Guattari’s concepts of desire and territorialization they examine their affective responses and attachments to place: Australia and the Czech Republic. As a point of departure for their analysis, the (...) authors ask: What does it mean to be homesick for a place which is not one’s home? What does it mean to desire a place? What of the other place is inscribed in the body? In asking this, the authors show the extent to which place is a zone of immanence in which a continual play of de- and re-territorialization occurs. (shrink)
Much writing on scientific biography focuses on the legitimacy and utility of this genre. In contrast, this essay discusses a variety of genre conventions and imperatives which continue to exert a powerful influence on the selection of biographical subjects, and to control the plot and structure of the ensuing biographies. These imperatives include the following: the plot templates of the Bildungsroman (the realistic novel of individual self-development), the life trajectories of Weberian ideal types, and the functional elements and personae (...) of the folkloric tale of the "hero's quest." The essay discusses the nature and application of these genre conventions in some detail, with the conclusion that biography, however useful, exerts a powerfully distorting influence on the image of how most science gets done. (shrink)
_ Source: _Volume 36, Issue 1, pp 40 - 61 In this review article of Henk Nellen, _Hugo Grotius. A lifelong struggle for Peace in Church and State, 1583–1645_ the story of Grotius’s life is outlined and issues of interpretation are discussed. It is argued that this biography supports the argument that Grotius towards the end of his life was close to becoming a Catholic. It seems plausible that Grotius’s principled refusal to request permission to return to the Republic (...) may have been connected to his disappointment about his own less principled behaviour in 1618. (shrink)
This essay supplies an historical review of black thought (from the Civil War forward) in the American South. Its emphasis is upon the biography of figures born in the region, whether resident or exile, concentrating on three foundational actors: Booker Washington, Frederick Douglass and Ida Wells. Significant strands of later thought are seen as largely derived from the latter two. The thematic anchor of this review is ?resistance and nonviolence?, involving (1) a primary focus on equal rights, (2) a (...) derivative focus on emancipation and desegregation, (3) exploration of nonviolence as a mode of resistance to oppression, (4) exploration of liberative violence, and (5) a larger concern with the appropriate type and degree of integration/separation implicit in or consistent with an equal rights regime. Douglass and Wells are cast as attending to sub?themes (1) and (2). This essay is designed to fit within the larger framework of the collection, in which the religious leaders Howard Thurman and Martin King are allocated to sub?theme (3), the novelist Richard Wright to (4), and the lawyers Thurgood Marshall, Barbara Jordan and Fred Gray to (5). The future challenge to black thought is assumed to lie in deeper reflection on (5), with a view to locating an ever more perfect balance between ?nation? (the ethnic community of Afro?America) and ?state? (the US federal government). (shrink)
Abstract Is `History Man', Fred Inglis' biography on R.G. Collingwood a successful biography? Inglis' explicit ambition is to portray the concrete figure Collingwood by abducting him from what he calls the vacuum-packed academic world of scholars. But the best biographers look for a balanced equilibrium between rendering philosophical ideas and dramatizing a philosopher's life. Put another way, they evoke the interweaving of a philosopher's thought with the vicissitudes of his life. Despite the unmistakable qualities of this biography, (...) Fred Inglis did not fully succeed in finding that very balance, mainly due to a lack of philosophical background. While Oxford University Press with the new edition of his works and manuscripts is thoroughly reorienting the traditional view of Collingwood, Inglis' fluently written but rather biased portrayal does no full justice to the heart of his fascinating philosophy and personality. (shrink)
In the history of Lithuania during the period between the two world wars, the criminal law sources were received from Russia (Criminal Statute of 1903) and adapted for the requirements of those States, where the conditions of life were notably different from those in Lithuania. The Criminal Statute of 1903 was the main criminal law source in Lithuania until 1940. Prior to the second occupation—the return of the Soviets—tens of thousands of Lithuanian citizens fled to the West, including a very (...) large segment of the intelligentsia, university lecturers, professors and many lawyers. The lawyers in emigration were very socially active and founded a paper of law research—“Teisininkų žinios.” The article deals with the works and research of the emigration lawyers B. Nemickas, V. Vaitkevičius, P. Raulinaitis,V. Rastenis, D. Krivickas and others, in which they deal with the problem of Soviet criminal law. The lawyers analyse the sources of Soviet criminal law, which was the criminal law source in occupied Lithuania. (shrink)
When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan lamented, whose "massive scholarship" has never been fully recognized. In addition, he was the second Harlan to sit on the Court, following his grandfather--also named John Marshall Harlan. But while his grandfather was an outspoken supporter of reconstruction (...) on a conservative court, the younger Harlan emerged as a critic of the Warren Court's liberal expansion of civil liberties. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, education at Princeton and Oxford, his work as a prosecutor during Prohibition, Republican Party activities, wartime service in the Army Air Force, and years as one of the nation's preeminent corporate lawyers. The book focuses, however, on Harlan's years on the high bench. Yarbrough weaves together discussions of the Justice's relations with his brethren, clerks, and staff, an examination of Harlan's role in the decision-making process on the Court, and an analysis of his jurisprudence. The Justice's approach to constitutional interpretation exalted precedent, deference to governmental power, and narrow decisions closely tied to case facts; but he also accepted an evolving, creative model of constitutional construction which permitted expansive readings of constitutional rights. Yarbrough's details Harlan's close relationship with Justice Frankfurter, showing how--despite their friendship and alliance--Harlan strongly marked out his own position, both personally and judicially, on the Warren and Burger courts. And he examines the substance and significance of his dissents in such famous cases as Miranda and the Pentagon Papers. Intensively researched, smoothly written, and incisively argued, Yarbrough's biography offers an absorbing account of the life and career of a great dissenter, hailed by admirers as a "lawyer's lawyer" and a "judge's judge." Coming at a time when the high court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both. (shrink)
Over the past few years, universities in Lithuania have make changes to the legal study programs—obligatory subject Criminology moved to list of alternative optional subjects. Therefore, is increasing the number of new lawyers, who have not studied criminology, which thinking about criminals, crime victims, crime, its causes and successful impact on crime, is based on stereotype understanding of a few centuries ago. However, the new lawyers, being professionals, pre-trial investigators, advocates, prosecutors, judges play a crucial role in criminal (...) proceedings, to decide the fate of people, how to use public resources for crime control and prevention. They will make speeches during the hearing in courts savour of their complete incomprehension of processes speaking about. Purpose of the article is to assess what criminological competencies are important to lawyers today, what are the possible consequences for the Lithuanian society if lawyers do not acquire these competencies. There are used the methods of analysis, aggregation, comparison and others. (shrink)
First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains (...) an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years. (shrink)
This paper explores the special problems encountered by the biographer of a living scientific subject. In particular, it explores the complex of problems that emerges from the intense interpersonal dynamic involving issues of distance, privacy and trust. It also explores methodological problems having to do with oral history interviews and other supporting documentation. It draws on the personal experience of the author and the biographical subject of G. Ledyard Stebbins Jr., the botanist, geneticist and evolutionist. It also offers prescriptives and (...) recommendations for future research. (shrink)
Richard Goldschmidt was one of the most controversial biologists of the mid-twentieth century. Rather than fade from view, Goldschmidt's work and reputation has persisted in the biological community long after he has. Goldschmidt's longevity is due in large part to how he was represented by Stephen J. Gould. When viewed from the perspective of the biographer, Gould's revival of Goldschmidt as an evolutionary heretic in the 1970s and 1980s represents a selective reinvention of Goldschmidt that provides a contrast to other (...) kinds of biographical commemorations by scientists. (shrink)
This is the first full-length biography in more than fifty years of Immanuel Kant, one of the giants amongst the pantheon of Western philosophers as well as the one with the most powerful and broad influence on contemporary philosophy. It is well known that Kant spent his entire life in an isolated part of Prussia living the life of a typical university professor. This has given rise to the view that Kant was a pure thinker with no life of (...) his own, or at least none worth considering seriously. In this biography, Manfred Kuehn debunks that myth once and for all. Taking account of the most recent scholarship Professor Kuehn allows the reader to follow the same journey that Kant himself took in emerging as a central figure in modern philosophy. (shrink)
This is the first intellectual biography of Descartes in English. Stephen Gaukroger provides a rich, authoritative account of Descartes' intellectual and personal development, understood in its historical context, and offers a reassessment of all aspects of his life and work.
This article discusses recent attempts to provide the genre of biography with a philosophical, theoretical foundation and attempts to show that such efforts are fundamentally misguided. Biography is, I argue, a profoundly nontheoretical activity, and this, precisely, makes it philosophically interesting. Instead of looking to philosophy to provide a theory of biography, we should, I maintain, look to biography to provide a crucially important example and model of what Ludwig Wittgenstein called "the kind of understanding that (...) consists in seeing connections." This kind of understanding stands in sharp contrast to the theoretical understanding provided by science and is, Wittgenstein maintained, what we as philosophers are, or should be, striving for. (shrink)
One of the founders of modern philosophical thought Georg Wilhelm Friedrich Hegel has gained the reputation of being one of the most abstruse and impenetrable of thinkers. This major biography of Hegel offers not only a complete account of the life, but also a perspicuous overview of the key philosophical concepts in Hegel's work in a style that will be accessible to professionals and non-professionals alike. Terry Pinkard situates Hegel firmly in the historical context of his times. The story (...) of that life is of an ambitious, powerful thinker living in a period of great tumult dominated by the figure of Napoleon. The Hegel who emerges from this account is a complex, fascinating figure of European modernity, who offers us a still compelling examination of that new world born out of the political, industrial, social, and scientific revolutions of his period. (shrink)
The “new natural lawyers” (NNLs) are a prolific group of philosophers, theologians, and political theorists that includes John Finnis, Robert George, Patrick Lee, Gerard Bradley, and Germain Grisez, among others. These thinkers have devoted themselves to developing and defending a traditional sexual ethic according to which homosexual sexual acts are immoral per se and marriage ought to remain an exclusively heterosexual institution. The sterility objection holds that the NNLs are guilty of making an arbitrary and irrational distinction between same-sex (...) couples and sterile heterosexual couples. The NNLs believe that it is a necessary condition for two people’s being morally and legally entitled to get married that they be able to perform sexual acts that are “suited to procreating.” But sterile heterosexual couples are incapable of performing such acts. Therefore, it should follow from the NNLs’ own premises that sterile heterosexual couples are not entitled to marry. But the NNLs do not draw this conclusion. Instead, they maintain that sterile heterosexuals can marry while denying that the same is true of same-sex couples. The sterility objection claims the NNLs are being inconsistent in treating the two kinds of couples differently. Although the sterility objection has been endorsed by recent critics, I don’t think it has yet been adequately defended. The NNLs have responded by arguing that there is a sense in which the sex acts of sterile heterosexual couples are as suited to reproduction as those of fertile heterosexuals. Thus they maintain that the distinction they draw between the two kinds of couple has a rational basis. A successful defense of the sterility objection must show that this response on the part of the NNLs fails. Such is the task I undertake in this paper. I argue that the NNLs’ response fails because acts of penile-vaginal intercourse between sterile heterosexuals lack the actual causal power to produce conception that sexual acts need to be considered truly reproductive, and because their assumption that penile-vaginal intercourse always functions reproductively is bad biology. (shrink)
This is a book about the ethics of the legal profession proceeding from one basic premise: our nation is so dependent on its lawyers that their ethical problems transform themselves into public difficulties.
Review Essay: Exemplary Stories: On the Uses of Biography in Recent Sociology: Alan Sica and Stephen Turner The Disobedient Generation: Social Theorists in the Sixties ; Mathieu Deflem Sociologists in a Global Age: Biographical Perspectives ; Anthony Elliott and Charles Lemert, The New Individualism: The Emotional Costs of Globalization.
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does (...) not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike.Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation. (shrink)
Reid, Constance. Hilbert (a Biography). Reviewed by Corcoran in Philosophy of Science 39 (1972), 106–08. -/- Constance Reid was an insider of the Berkeley-Stanford logic circle. Her San Francisco home was in Ashbury Heights near the homes of logicians such as Dana Scott and John Corcoran. Her sister Julia Robinson was one of the top mathematical logicians of her generation, as was Julia’s husband Raphael Robinson for whom Robinson Arithmetic was named. Julia was a Tarski PhD and, in recognition (...) of a distinguished career, was elected President of the American Mathematics Society. https://en.wikipedia.org/wiki/Julia_Robinson http://www.awm-math.org/noetherbrochure/Robinson82.html. (shrink)
This biography of Jacques Derrida tells the story of a Jewish boy from Algiers, excluded from school at the age of twelve, who went on to become the most widely translated French philosopher in the world – a vulnerable, tormented man who, throughout his life, continued to see himself as unwelcome in the French university system. We are plunged into the different worlds in which Derrida lived and worked: pre-independence Algeria, the microcosm of the École Normale Supérieure, the cluster (...) of structuralist thinkers, and the turbulent events of 1968 and after. We meet the remarkable series of leading writers and philosophers with whom Derrida struck up a friendship: Louis Althusser, Emmanuel Levinas, Jean Genet, and Hélène Cixous, among others. We also witness an equally long series of often brutal polemics fought over crucial issues with thinkers such as Michel Foucault, Jacques Lacan, John R. Searle, and Jürgen Habermas, as well as several controversies that went far beyond academia, the best known of which concerned Heidegger and Paul de Man. We follow a series of courageous political commitments in support of Nelson Mandela, illegal immigrants, and gay marriage. And we watch as a concept – deconstruction – takes wing and exerts an extraordinary influence way beyond the philosophical world, on literary studies, architecture, law, theology, feminism, queer theory, and postcolonial studies. In writing this compelling and authoritative biography, Benoît Peeters talked to over a hundred individuals who knew and worked with Derrida. He is also the first person to make use of the huge personal archive built up by Derrida throughout his life and of his extensive correspondence. Peeters’ book gives us a new and deeper understanding of the man who will perhaps be seen as the major philosopher of the second half of the twentieth century. (shrink)
Herbert Lionel Adolphus Hart was born in Yorkshire in 1907 to second generation Jewish immigrants. Having won a scholarship to Oxford University, he went on to become the most famous legal philosopher of the twentieth century. From 1932-40 H.L.A Hart practised as a barrister in London. He was pronounced physically unfit for military service in 1940, and was recruited by MI5, where he worked until 1945. During his time at the Bar he had continued to study philosophy and at M15 (...) his interest was further stimulated by his philosopher colleagues in M16, Stuart Hampshire and Gilbert Ryle. After the war, Hart returned to Oxford to take up a philosophy fellowship, later to become Professor of Jurisprudence. H.L.A Hart single-handedly reinvented the philosophy of law and influenced the nation's thinking in the 1960s on abortion, the legalization of homosexuality, and on capital punishment. Hart's approach to legal philosophy was at once disarmingly simple and breathtakingly ambitious, combining as it did the insights of Austin and Bentham and the new linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to elucidate a concept of law which would be of relevance to all forms of law, wherever or whenever they arose: his bestselling book, The Concept of Law, has sold tens of thousands of copies worldwide. In 1941, he married Jenifer Williams (a high-ranking civil servant, later an Oxford academic) with whom he had four children. Their relationship was an enduring if unconventional one. In the early 1950s, Jenifer was rumoured to be having a long-standing affair with Isaiah Berlin, one of Hart's closest friends. She was also, falsely, accused by the Sunday Times of having been a Russian spy, an allegation which was all the more scandalous given Hart's position at MI5 during the War. Nicola Lacey draws on Hart's previously unpublished diaries and letters to reveal a complex inner life. Outwardly successful, Hart was in fact tormented by doubts about his intellectual abilities, his sexual identity and his capacity to form close relationships. Her biography also sheds fascinating light on the origins of his ideas, and assesses his overall contribution. Above all, it chronicles of a life which had a depth ands impact far greater than many of Hart's readers have realized. (shrink)
In the growing body of academic literature on biography that has developed in the last few decades, Virginia Woolf's essay, "The New Biography,"1 has come to occupy a central place—mentioned, discussed and quoted from, I would estimate, more often than any other piece of writing on the subject. Virginia Woolf's distinctive view of the nature and limitations of biography has thus had, and continues to have, a deep and wide-ranging influence on the way the genre is discussed (...) by critics and theorists. My aim in this essay is to present a detailed analysis of Virginia Woolf's thinking about biography in order to make clear why I believe its influence on contemporary theorising about biography is, on the whole, a misfortune. As is often pointed out, Virginia Woolf's views on biography are closely connected with—indeed, to an extent that I hope to make clear, they are simply an application of—her views on fiction. In the light of this, I have tried to trace some of the most striking features of her thinking about biography back to her earlier thoughts on fiction, as presented in both her novels and her essays. The result, I hope, will be that, while the attractions of her way of looking at fiction and biography are recognised and revealed, the manifest flaws in her thinking on these subjects are clearly exposed. (shrink)
Written by one of the world's preeminent authorities on Kierkegaard, this 2001 biography was the first to reveal the delicate imbrication of Kierkegaard's life and thought. To grasp the importance and influence of Kierkegaard's thought far beyond his native Denmark, it is necessary to trace the many factors that led this gifted but 'exceedingly childish youth' to grapple with traditional philosophical problems and religious themes in a way that later generations would recognize as amounting to a philosophical revolution. This (...) book offers a powerful narrative account which will be of particular interest to philosophers, literary theorists, intellectual historians, and scholars of religious studies as well as any non-specialist looking for an authoritative guide to the life and work of one of the most original and fascinating figures in Western philosophy. (shrink)
A comprehensive biography which covers Adorno's life, work and times: from childhood, through to his student years, his years in emigration, his return to post-war Germany, his time in Frankfurt, his role as a public intellectual, and his ...
Company directors and executives seek legal advice outside the company on a regular basis. This advice is meant to be given within the context of the lawyers’ professional obligations and ethical practise. What clients may not appreciate is there is often a conflict of interest between the lawyers’ professional and ethical concerns and the legal advice business. If lawyers follow their business interests, their advice may be incomplete especially in relation to the ethical consequences of that advice. (...) This could lead to a compromise of the clients’ commercial interests and even raise doubts in relation to the legality of the clients’ proposed course of action. (shrink)
This collection cuts across conventional disciplinary boundaries to address the roles, responsibilities, and regulation of contemporary lawyers. Contributors address common concerns from diverse perspectives, including philosophy, psychology, economics, political science, and organisational behaviour. Topics include the nature of professions, the structure of practice, the constraints of an adversarial system, the attorney-client relationship, the practical value of moral theory, the role of race and gender, and the public service responsibilities of lawyers and law students.
Review of Desmond M. Clarke. Descartes: A Biography. xi + 507 pp., apps., figs., bibl., index. Cambridge: Cambridge University Press, 2006. $40 (cloth).; Richard Watson, Cogito, Ergo Sum: The Life of René Descartes. viii + 375 pp., figs., bibl., index. Boston: David R. Godine, 2002. $35 (cloth).
Thomas Hobbes is recognized as one of the fathers of modern philosophy and political theory. In his own time he was as famous for his work in physics, geometry, and religion. He associated with some of the greatest writers, scientists, and politicians of his age. Martinich has written a complete and accessible biography of Hobbes. The book takes full account of the historical and cultural context in which Hobbes lived, drawing on both published and unpublished sources. It will be (...) a great resource for philosophers, political theorists and historians of ideas. The clear, crisp prose style will also ensure that the book appeals to general readers with an interest in the history of philosophy, the rise of modern science and the English Civil War. (shrink)
Even good lawyers get a bad rap. One explanation for this is that the professional rules governing lawyers permit and even require behavior that strikes many as immoral. The standard accounts of legal ethics that seek to defend these professional rules do little to dispel this air of immorality. The revisionary accounts of legal ethics that criticize the professional rules inject a hearty dose of morality, but at the cost of leaving lawyers unrecognizable as lawyers. This (...) article suggests that the problem with both the professional rules and the extant accounts of legal ethics is that they treat the role of lawyer as largely uniform, whereas lawyers actually serve several importantly different roles in different contexts. The central insight of the article is that legal ethics must be fundamentally context-sensitive: what lawyers are morally permitted or required to do depends on the background context in which they are working. Additionally, by taking context into account, this article is the first to present a theory of legal ethics as appropriately shaped and constrained by normative political philosophy and norms of political legitimacy. -/- Specifically, the article argues that people act as lawyers in three different contexts: State v. Individual (situations in which the State seeks to apply some general law to a particular individual), Individual v. Individual (situations in which private individuals are engaged in a dispute), and Individual v. State (situations in which individuals object to State conduct on constitutional or other grounds unrelated to the question of whether a general law applies to their particular case); that the value of lawyers, qua lawyers, stems from a different source in each of these contexts; and that a theory of legal ethics must take into account both of these first two claims. This article develops one such theory - the Multi-Context View. To demonstrate how the theory applies in practice, the article applies the Multi-Context View to two significant issues in legal ethics: the ethical issues involved in deciding whether to represent a client and the moral permissibility of the use of tactical delay. (shrink)
David Luban argues in this lecture that the moral foundation of the lawyer's profession lies in the defense of human dignity-and the chief moral danger facing the profession arises when lawyers assault human dignity rather than defend it. The concept of human dignity has a rich philosophical tradition, with some philosophers identifying human dignity as a metaphysical property of individuals-a property such as having a soul, or possessing autonomy. Luban argues instead that human dignity is a relational property of (...) "the dignifier" and "the dignified," emphasizing that assaulting human dignity humiliates the victim. Lawyers honor the human dignity of others by protecting them against humiliations, and defile that dignity by subjecting them to humiliations. The lecture develops these ideas through four traditional issues in legal ethics: the right of criminal defendants to an advocate, the duty of confidentiality, paternalism of attorneys toward their clients, and pro bono service. (shrink)
_ Source: _Page Count 25 Many criminal lawyers should expect that, were they to not defend a certain client, someone no less capable would do so. It is morally wrong for such attorneys to defend defendants who should be punished. This is true even if we grant that the defendant’s right to be defended outweighs any rights that might be infringed by the defense and that the benefits of defending are greater than the harm. Nor does this argument depend (...) on any particular view of punishment. The fact that the attorney expects to be replaced by someone equally capable has an asymmetric effect on the reasons for and against defending. The reasons that justify defending become extremely attenuated by this expectation, no matter what they are, while the reasons against defending are much less affected, no matter what they are. (shrink)
Julian Schwinger was one of the leading theoretical physicists of the twentieth century. His contributions are as important, and as pervasive, as those of Richard Feynman, with whom he shared the 1965 Nobel Prize for Physics. Yet, while Feynman is universally recognized as a cultural icon, Schwinger is little known even to many within the physics community. In his youth, Julian Schwinger was a nuclear physicist, turning to classical electrodynamics after World War II. In the years after the war, he (...) was the first to renormalize quantum electrodynamics. Subsequently, he presented the most complete formulation of quantum field theory and laid the foundations for the electroweak synthesis of Glashow, Weinberg, and Salam, and he made fundamental contributions to the theory of nuclear magnetic resonance, to many-body theory, and to quantum optics. He developed a unique approach to quantum mechanics, measurement algebra, and a general quantum action principle. His discoveries include 'Feynman's' parameters and 'Glauber's' coherent states; in later years he also developed an alternative to operator field theory which he called Source Theory, reflecting his profound phenomenological bent. His late work on the Thomas-Fermi model of atoms and on the Casimir effect continues to be an inspiration to a new generation of physicists. This biography describes the many strands of his research life, while tracing the personal life of this private and gentle genius. (shrink)