In this major 2003 study of the foundations of modern political theory the eminent political philosopher Ross Harrison explains, analyzes, and criticizes the work of Hobbes, Locke, and their contemporaries. He provides a full account of the turbulent historical background that shaped the political, intellectual, and religious content of this philosophy. The book explores such questions as the limits of political authority and the relation of the legitimacy of government to the will of its people in non-technical, accessible prose that (...) will appeal to students of philosophy, politics, theology and history. (shrink)
Bernard Williams is one of the most influential figures in ethical theory, where he has set a considerable part of the current agenda. In this collection a distinguished international team of philosophers who have been stimulated by Williams's work give responses to it. The topics covered include equality; consistency; comparisons between science and ethics; integrity; moral reasons; the moral system; and moral knowledge. Williams himself provides a substantial reply, which shows both the directions of his own thought and also his (...) present view of earlier work of his which has been extensively discussed for twenty years. This volume will be indispensable reading for all those interested in ethical theory. (shrink)
Democracy surrounds us like the air we breath, and is normally taken very much for granted. Across the world democracy has become accepted as an unquestionably good thing. Yet upon further examination the merits of democracy are both paradoxical and problematic, and the treasured values of liberty and equality can be used to argue both for and against it. In the historical section of the book, Ross Harrison clearly traces the history of democracy by examining the works of, amongst others, (...) Plato and Aristotle, Hegel and Marx. Informed by facts and detailed knowledge of these famous thinkers, Harrison provides a clear and cogent justification of democracy. (shrink)
Each of the essays included in this volume illuminates an aspect of law, reflecting an unorthodox perception of jurisprudence which combines interests in philosophy, legal theory, criminology, legal history, political and constitutional theory and the history of ideas. This work will broaden the jurisprudential scope of practitioners' professional concerns, but help academics enhance their knowledge of the wealth of information for their own studies.
In their important book, Causation in the Law, H. L. A. Hart and Tony Honore argue that causation in the law is based on causation outside the law, that the causal principles the courts rely on to determine legal responsibility are based on distinctions exercised in ordinary causal judgments. A distinction that particularly concerns them is one that divides factors that are necessary or sine qua non for an effect into those that count as causes for purposes of legal responsibility (...) and those that do not. Hart and Honore claim that this distinction is often one of fact rather than of legal policy, and that the factual basis is to be found in the ordinary distinction we draw between causes and 'mere conditions'. If this claim is correct, we may hope to illuminate the legal distinction by articulating the principles behind the ordinary one. This is a challenging task since, as in the case of most cognitive skills, we are far better at making particular judgments than we are at stating the general principles that underlie them. Hart and Honore devote the first part of their book to this difficult task. We have, then, two large projects. One is to articulate our ordinary notion of causation, especially the distinction between cause and mere condition. This is the project of constructing an 'ordinary model'. The other is to argue for what we may call the 'shared concept claim', the claim that the concept of legal cause is based on the ordinary notion of causation, that 'causal judgments, though the law may have to systematize them, are not specifically legal. They appeal to a notion which is part of everyday life' (1985, p. lv; all references to follow are from this edition). This essay will focus on Hart and Honore's ordinary model, rather than on their shared concept claim. In my judgment, Hart and Honore's case for some version of the shared concept claim is strong, so they are right to maintain that a better understanding of our ordinary notion of.. (shrink)
This volume is concerned with the concept of rationality and the interrelations between rationality, belief and desire in the explanation and evaluation of ...
‘Metaphysics’, said Bradley, ‘is the finding of bad reasons for what we believe on instinct, but to find these reasons is no less an instinct.’ This idea that reasoning is both instinctive and feeble is reminiscent of Hume; except that reasons in Hume tend to serve as the solvent rather than the support of instinctive beliefs. Instinct leads us to play backgammon with other individuals whom we assume inhabit a world which exists independently of our own perception and which will (...) continue to exist tomorrow in a similar fashion to today. However, when instinct leads us also to reason about these beliefs they are all subject to sceptical attack. Their defence provides a challenge, a challenge which in thumbnail histories of the subject is met by Kant. He does this by use of a powerful new form of argument which he calls transcendental argument and which, in my opinion, provides not only reasons but also good reasons for the defence of some of our most central instinctive beliefs. The strategy involved in this kind of argument is to reflect on the necessary preconditions for comprehensible experience. In this way, some beliefs which are subject to sceptical attack, such as that there is a causal order between objects which exist independently of our experience of them, can be found to be the essential preconditions for having comprehensible experience at all. The reason for accepting them is, therefore, that they are the necessary preconditions of having any beliefs at all; and this provides a good, rather than a bad, reason for accepting these particular instinctive beliefs. (shrink)
The note claims that Rosen's arguments about distribution and aggregation do not support his central claim, either in their own terms or as a reading of Bentham; and suggests a different account of the relation of the objective to the subjective in Bentham.
There is an argument that government cannot be good for individuals because it causes them to act through fear of punishment, hence for nonmoral reasons. The obvious responses of accepting the conclusion (anarchism) and denying the premiss about moral motivation (utilitarianism) are first considered. Then the strategy of accepting the premiss but denying the conclusion is pursued at greater length. Some arguments of T. H. Green and B. Bosanquet which attempt to do this are considered before an independent resolution is (...) proposed. (shrink)
‘Metaphysics’, said Bradley, ‘is the finding of bad reasons for what we believe on instinct, but to find these reasons is no less an instinct.’ This idea that reasoning is both instinctive and feeble is reminiscent of Hume; except that reasons in Hume tend to serve as the solvent rather than the support of instinctive beliefs. Instinct leads us to play backgammon with other individuals whom we assume inhabit a world which exists independently of our own perception and which will (...) continue to exist tomorrow in a similar fashion to today. However, when instinct leads us also to reason about these beliefs they are all subject to sceptical attack. Their defence provides a challenge, a challenge which in thumbnail histories of the subject is met by Kant. He does this by use of a powerful new form of argument which he calls transcendental argument and which, in my opinion, provides not only reasons but also good reasons for the defence of some of our most central instinctive beliefs. The strategy involved in this kind of argument is to reflect on the necessary preconditions for comprehensible experience. In this way, some beliefs which are subject to sceptical attack, such as that there is a causal order between objects which exist independently of our experience of them, can be found to be the essential preconditions for having comprehensible experience at all. The reason for accepting them is, therefore, that they are the necessary preconditions of having any beliefs at all; and this provides a good, rather than a bad, reason for accepting these particular instinctive beliefs. (shrink)
The philosophy department in Edinburgh is in David Hume tower; the philosophy faculty at Cambridge is in Sidgwick Avenue. In one way, no competition. Everybody has heard of Hume, whereas even the anybody who's anybody may not have heard of Sidgwick. Yet in another way, Sidgwick wins this arcane contest. For if David Hume, contradicting the Humean theory of personal identity, were to return to Edinburgh, he would not recognize the tower. Whereas, if someone with more success in rearousing spirits (...) than Sidgwick himself had could now produce him, Sidgwick would know the avenue. For he planned it; he partially paid for it; and he pushed it past the local opposition. He was its creator. And creator not just of the avenue: if Sidgwick is not quite the only begetter, it was he more than anyone who was responsible for building the school of philosophy in Cambridge which is being celebrated in this series of articles. (shrink)
Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. (...) -/- Law and Philosophy, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and philosophy. It includes studies examining the themes of the nature of law; and interactions between State, the citizen, and the law. (shrink)
Democracy surrounds us like the air we breath, and is normally taken very much for granted. Across the world democracy has become accepted as an unquestionably good thing. Yet upon further examination the merits of democracy are both paradoxical and problematic, and the treasured values of liberty and equality can be used to argue both for and against it. In the historical section of the book, Ross Harrison clearly traces the history of democracy by examining the works of, amongst others, (...) Plato and Aristotle, Hegel and Marx. Informed by facts and detailed knowledge of these famous thinkers, Harrison provides a clear and cogent justification of democracy. (shrink)
