This festschrift collects a number of insightful essays by a group of accomplished Christian scholars, all of who have either worked with or studied under Hendrik Hart during his 35-year tenure as Senior Member in Systematic Philosophy at the Institute for Christian Studies, Toronto, Canada.

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Epistemic theories of truth, such as those presumed to be typical for anti-realism, can be characterised as saying that what is true can be known in principle: p → ◊Kp. However, with statements of the form “p & ¬Kp”, a contradiction arises if they are both true and known. Analysis of the nature of the paradox shows that such statements refute epistemic theories of truth only if the the anti-realist motivation for epistemic theories of truth is not taken into account. (...) The motivation in a link of understandability ans meaningful- ness suggests to change the above principle and to restrict the theory to logically simple sentences, in which case the paradox does not arise. This suggestion also allows to see the deep philosophical problems for anti-realism those counterexamples are pointing at. (shrink)

I argue that Deutsch’s model for the behavior of systems traveling around closed timelike curves relies implicitly on a substantive metaphysical assumption. Deutsch is employing a version of quantum theory with a significantly supplemented ontology of parallel existent worlds, which differ in kind from the many worlds of the Everett interpretation. Standard Everett does not support the existence of multiple identical copies of the world, which the D-CTC model requires. This has been obscured because he often refers to the branching (...) structure of Everett as a “multiverse”, and describes quantum interference by reference to parallel interacting definite worlds. But he admits that this is only an approximation to Everett. The D-CTC model, however, relies crucially on the existence of a multiverse of parallel interacting worlds. Since his model is supplemented by structures that go significantly beyond quantum theory, and play an ineliminable role in its predictions and explanations, it does not represent a quantum solution to the paradoxes of time travel. (shrink)

In Epistemic Two-Dimensional Semantics, David Chalmers seeks to develop a version of 2-D semantics which can vindicate the rationalist claim that there are constitutive connections between meaning, possibility and a priority. Chalmers lays out different ways of filling in his preferred epistemic approach to 2-D semantics so as to avoid controversial philosophical assumptions. In these comments, however, I argue that there are some distinctively rationalist commitments in Chalmers's epistemic approach to 2-D semantics. I start by explaining why Chalmers's approach requires (...) a canonical language that affords subjects accurate a priori access to the space of possibility. I then argue that traditional worries about rationalism will simply re-emerge as worries about whether there can be a canonical vocabulary and how we could come to recognize one if there were. The moral is that Chalmers's 2-D semantic framework builds in substantive metaphysical and epistemological commitments which stand in need of further defense. (shrink)

Gavin D'Costa has distinguished himself as a leading voice in the field of theology of religions, and not just among Roman Catholics. His Trinitarian approach to the subject has also garnered respect among Protestants, such as Reformed theologian Tan Loe-Joo. Yet Tan is concerned that D'Costa compromises the Trinitarian framework of his approach by conflating universal salvific will and salvific grace, and that his use of limbo falls short of satisfying the scriptural principle that faith comes by hearing. This article (...) is an evaluation of D'Costa's theory as it relates to the former issue concerning salvific will and grace. I seek to show that Tan's worry stems more from an incomplete theological delineation of grace than from an actual shift in D'Costa's theological position. I then suggest a solution that provides some common ground from which both Catholic and Protestant theologians can seek a resolution to the latter issue concerning the principle of faith by hearing. (shrink)

Group selection is increasingly being viewed as an important force in human evolution. This paper examines the views of R.D. Alexander, one of the most influential thinkers about human behavior from an evolutionary perspective, on the subject of group selection. Alexander's general conception of evolution is based on the gene-centered approach of G.C. Williams, but he has also emphasized a potential role for group selection in the evolution of individual genomes and in human evolution. Alexander's views are internally inconsistent and (...) underestimate the importance of group selection. Specific themes that Alexander has developed in his account of human evolution are important but are best understood within the framework of multilevel selection theory. From this perspective, Alexander's views on moral systems are not the radical departure from conventional views that he claims, but remain radical in another way more compatible with conventional views. (shrink)

In his “Noesis and Logos in the Eleatic Trilogy, with a Focus on the Visitor’s Jokes at Statesman 266a-d,” Mitchell Miller explores the interplay of intuition and discourse in the Statesman. He prepares by considering the orienting provocations provided by Socrates’ refutations of the proposed definition of knowledge — namely, “true judgment and a logos” — in the closing pages of the Theaetetus, by the Eleatic Visitor’s obscure schematization at Sophist 253d-e of the kinds of eidetic field discerned by dialectic, (...) and by his discussion at Statesman 277a-278e of the use of paradigms. Miller then seeks to show how the Visitor’s odd medley of geometrical and Homeric jokes at Statesman 266a-d aims, in the language of the Seventh Letter, to “spark” an intuition of the nature of statesmanship, an intuition whose “self-nourishing” motivates the subsequent rejection of the initial definition of the statesman as shepherd of the human herd, the turn to the paradigm of the weaver, and the rejection of bifurcatory division in favor of the non-bifurcatory account of the kinds of art that function as the “limbs” of a well-formed city. (shrink)

This essay concerns Scott Shapiro's criticism that H.L.A. Hart's theory of law suffers from a Although other philosophers of law have summarily dismissed Shapiro's criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro's planning theory of law is that it can explain this phenomenon. (...) Despite these sympathies, however, I end with the suggestion that Shapiro's criticism of Hart, as it stands, is incomplete. Careful attention to Hart's notion of the internal point of view indicates that he was aware that legal justification ends with abstract objects, not practices, and that he offered his own explanation of this phenomenon. (shrink)

Cela fait maintenant dix ans que Nicola Lacey nous a livré cette saisissante biographie de l’illustre juriste britannique H.L.A. Hart, intitulée A Life of H.L.A. Hart, the Nightmare and the Noble Dream. La tâche n’était pas aisée. D’une part, Hart est sans doute le juriste le plus lu du monde anglo-saxon, et comme certains ont pu le remarquer, il est parfois compliqué d’écrire sur Hart étant donné que tout le monde a débuté ses études de droit (...) avec la lecture du Concept de droit. Pour cette... (shrink)

This paper explores R. D. Laing's application of existential and phenomenological tradtions, specifically Hegel and Heidegger, to his groundbreaking work with psychotic process as well as psychotherapeutic practice more generally.

Several years ago I prepared a point-by-point response to this postscript as a working paper for the NYU Colloquium in Legal, Moral and Political Philosophy. I have not yet published that paper, but I understand that copies of it are in circulation. I do not intend to recapitulate the arguments of that working paper, but instead to concentrate on one aspect of Hart's Postscript, which is his defence of Archimedean jurisprudence. I shall have something to say about his own (...) legal philosophy, which was a form of legal positivism. But I shall mainly be concerned about the method that he said generated his legal positivism. (shrink)

McFarland and Crouch reported substantial positive correlations between the Implicit Association Test and response speed and between IATs assessing racism or self-esteem and ostensibly unrelated control IATs. Using an IAT measure in millisecond-difference score format, they concluded that the IAT was confounded with general cognitive ability. A reanalysis of these data using the D measure eliminated the speed of responding confound, although it did not eliminate the correlation between the control and racism IATs. The study was replicated and the two (...) correlations, paralleling those in the original study, emerged for the millisecond-difference score. However, both were reduced to nonsignificance by use of the D measure. These findings are consistent with other recent studies that document the protection afforded by D against cognitive skill confounds. (shrink)

The article responds to the objections M.D. Ashfield has raised to my recent attempt at saving epistemic contextualism from the knowability problem. First, it shows that Ashfield’s criticisms of my minimal conception of epistemic contextualism, even if correct, cannot reinstate the knowability problem. Second, it argues that these criticisms are based on a misunderstanding of the commitments of my minimal conception. I conclude that there is still no reason to maintain that epistemic contextualism has the knowability problem.

The Postscript to 'The Concept of Law' contains Herbert Hart's only sustained and considered response to the objections made by his distinguished critic, Ronald Dworkin. In this extraordinary collection, an array of leading legal philosophers evaluates the success of Hart's response to Dworkin.

_ Source: _Volume 10, Issue 3, pp 349 - 369 A theory of causation suitable for historiography must accommodate the many types of causal claims historians make. In this paper, I examine the advantages of applying D. K. Lewis’s counterfactual theory of causation to the philosophy of historiography. I contend that Lewis’s possible world semantics offers a superior framework for making sense of historical causation, and that it lays the foundation for historians to look at history as causal series of (...) events, remaining agnostic as to whether there may be historical regularities or laws. Lewis’s theory can also accommodate important notions often used by historians, such as absences as causes, historical necessity and contingency, and the role they play in the formulation of historical counterfactuals. (shrink)

The growing block view of time holds that the past and present are real whilst the future is unreal; as future events become present and real, they are added on to the growing block of reality. Surprisingly, given the recent interest in this view, there is very little literature on its origins. This paper explores those origins, and advances two theses. First, I show that although C. D. Broad’s Scientific Thought provides the first defence of the growing block theory, the (...) theory receives its first articulation in Samuel Alexander’s Space, Time, and Deity. Further, Alexander’s account of deity inclines towards the growing block view. Second, I argue that Broad shifted towards the growing block theory as a result of his newfound conviction that time has a direction. By way of tying these theses together, I argue that Broad’s views on the direction of time – and possibly even his growing block theory – are sourced in Alexander. (shrink)

In selected texts by Diderot, including the Encyclopédie article “Cabinet d’histoire naturelle” (along with his comments in the article “Histoire nat-urelle”), the Pensées sur l’interprétation de la nature and the Salon de 1767, I examine the interplay between philosophical naturalism and the recognition of the irreducible nature of artifice, in order to arrive at a provisional definition of Diderot’s vision of Nature as “une femme qui aime à se travestir.” How can a metaphysics in which the concept of Nature has (...) a normative status, also ultimately consider it to be something necessarily artificial? Historically, the answer to this question involves the project of natural history. A present-day reconstruction would have to make sense of this project and relate it to the vision of Nature expressed in Diderot’s phrase. In addition, it would hopefully pinpoint the difference between this brand of Enlightenment naturalism and contemporary naturalism, and by extension, allow us to understand a bit more about what naturalism is in general. (shrink)

Abstract. The paper begins by challenging Hart's argument aimed to show that sanctions are not part of the concept of law. It shows that in the "minimal" legal system as understood by Hart, sanctions may be required for keeping the legal system efficacious. I then draw a methodological conclusion from this argument, which challenges the view of Hart (and his followers) that legal philosophy should aim at discovering some general, politically neutral, conceptual truths about law. Instead, the (...) aim should be to discover the values because of which certain things in the world are classified as law and others as non-law. Focusing on those would give us a more insight to the roles law plays in society, as well as more illuminating answers to traditional jurisprudential questions like the status of law in evil regimes. (shrink)

Mary P. Nichols, Socrates on Friendship and Community: Reflections on Plato’s Symposium, Phaedrus, and Lysis. Cambridge: Cambridge University Press, 2008. Pp. viii + 229. ISBN 978-0-521-89973-4. Laurence D. Cooper, Eros in Plato, Rousseau, and Nietzsche: The Politics of Infinity. University Park: The Pennsylvania State University Press, 2008. Pp. xii + 357. ISBN 978-0-271-03330-3.

Hart's "Ascription of Responsibility and Rights" is where we find perhaps the first clear pronouncement of defeasibility and the technical introduction of the term. The paper has been criticised, disavowed, and never quite fully redeemed. Its lurid history is now being used as an excuse for dismissing the importance of defeasibility.

The December 2008 White Paper (WP) on “Brain Death” published by the President’s Council on Bioethics (PCBE) reaffirmed its support for the traditional neurological criteria for human death. It spends considerable time explaining and critiquing what it takes to be the most challenging recent argument opposing the neurological criteria formulated by D. Alan Shewmon, a leading critic of the “whole brain death” standard. The purpose of this essay is to evaluate and critique the PCBE’s argument. The essay begins with a (...) brief background on the history of the neurological criteria in the United States and on the preparation of the 2008 WP. After introducing the WP’s contents, the essay sets forth Shewmon’s challenge to the traditional neurological criteria and the PCBE’s reply to Shewmon. The essay concludes by critiquing the WP’s novel justification for reaffirming the traditional conclusion, a justification the essay finds wanting. (shrink)

To understand H.L.A. Hart's general theory of law, it is helpful to distinguish between substantive and methodological legal positivism. Substantive legal positivism is the view that there is no necessary connection between morality and the content of law. Methodological legal positivism is the view that legal theory can and should offer a normatively neutral description of a particular social phenomenon, namely law. Methodological positivism holds, we might say, not that there is no necessary connection between morality and law, but (...) rather that there is no connection, necessary or otherwise, between morality and legal theory. The respective claims of substantive and methodological positivism are, at least on the surface, logically independent. Hobbes and Bentham employed normative methodologies to defend versions of substantive positivism, and in modern times Michael Moore has developed what can be regarded as a variant of methodological positivism to defend a theory of natural law. (shrink)

H. B. D. Kettlewell's field experiments on industrial melanism in the peppered moth, Biston betularia, have become the best known demonstration of natural selection in action. I argue that textbook accounts routinely portray this research as an example of controlled experimentation, even though this is historically misleading. I examine how idealized accounts of Kettlewell's research have been used by professional biologists and biology teachers. I also respond to some criticisms of David Rudge to my earlier discussions of this case study, (...) and I question Rudge's claims about the importance of purely observational studies for the eventual acceptance and popularization of Kettlewell's explanation for the evolution of industrial melanism. (shrink)

H.B.D. Kettlewell is best known for his pioneering work on the phenomenon of industrial melanism, which began shortly after his appointment in 1951 as a Nuffield Foundation research worker in E.B. Ford's newly formed sub-department of genetics at the University of Oxford. In the years since, a legend has formed around these investigations, one that portrays them as a success story of the 'Oxford School of Ecological Genetics', emphasizes Ford's intellectual contribution, and minimizes reference to assistance provided by others. The (...) following essay reviews the important influence Ford, E.A. Cockayne, and P.M. Sheppard played in Kettlewell's research, leading up to his most famous experiments in 1953. It documents several reasons for doubting that Ford was as intellectually involved in the design of these investigations as he has previously been portrayed. It clarifies Kettlewell's intellectual contribution to the investigations for which he is famous, as well as the pivotal roles Cockayne and Sheppard played in the design, execution and interpretation of these investigations. (shrink)

What is a social rule? This paper first notes three important problems for H.L.A. Hart's famous answer in the Concept of Law. An alternative account that avoids the problems is then sketched. It is less individualistic than Hart's and related accounts. This alternative account can explain a phenomenon observed but downplayed by Hart: the parties to a social rule feel that they are in some sense 'bound' to conform to it.

It is shown that in every gauge the potential of the electromagnetic field in the presence of sources is resolved by an extension of the Helmholtz theorem into a solenoidal component and an irrotational component irrelevant for description of the field. Only irrotational components are affected by gauge transformations; in Coulomb gauge the irrotational component vanishes: the potential is solenoidal. The method of solution of the wave equation by use of positive- and negative-frequency parts is extended to solutions of D'Alembert's (...) equation, and applied to equations satisfied by the potential in Coulomb gauge and the electric and magnetic vectors. Fourier transforms of potentials specifying destruction/creation operators become time dependent in the presence of sources. Our central equation states this time dependence. Frequency parts of Maxwell's equations are obtained. When the retarded potential in Coulomb gauge is resolved into kinetic and dissipative components, the latter is shown to be in radiation gauge. Correspondingly, the energy/stress tensor is resolved into three components; the power/force density, into two: a kinetic and a dissipative component. Work done by the latter component is negative: energy and momentum are dissipated from matter to radiation. Boson quantization conditions are satisfied by the kinetic component of the retarded potential, but commutators of the dissipative component are determined by the current sources. The energy/stress tensor and Hamiltonian of the field in the presence of sources are derived from the classical Lagrangian density. The relation between the Hamiltonian and the energy is shown to agree with the time dependence of the destruction/creation operators in Heisenberg picture. (shrink)

Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open up (...) a more liberal, and also somehow less parochial and ideological, road for legal theory. This is – it is argued in the paper – the programme, or better, the promise we can find in Herbert Hart’s main work, The Concept of Law. The article tries to render this promise more transparent while, nonetheless, not eschewing the blind sides of its narrative and argumentative strategy. (shrink)

This paper investigates the objections that were raised by the philosopher ‘Abd al-La&tdotu;īf al-Baghdādī against al-&Hdotu;asan ibn al-Haytham’s geometrisation of place. In this line of enquiry, I contrast the philosophical propositions that were advanced by al-Baghdādī in his tract: Fī al-Radd ‘alā Ibn al-Haytham fī al-makān, with the geometrical demonstrations that Ibn al-Haytham presented in his groundbreaking treatise: Qawl fī al-Makān. In examining the particulars of al-Baghdādī’s fragile defence of Aristotle’s definition of topos as delineated in Book IV of the (...) Physics, which was rejected on mathematical grounds by Ibn al-Haytham, a special attention is also given to highlighting the systemic distinctions between the entities that are studied within the speculative physical doctrines of common sense and immediate experience, and the postulated ‘objects’ of scientific and mathematical research. (shrink)

This study throws new light on the composition of Boyle's Free Enquiry into the Vulgarly Receiv'd Notion of Nature ; it also draws more general conclusions about Boyle's methods as an author and his links with his context. Its basis is a careful study of the extant manuscript drafts for the work, and their relationship with the published editions. Section 2 describes Boyle's characteristic method of composition from the late 1650s onwards, involving the dictation of discrete sections of text to (...) amanuenses; it also assesses the effect this had on the structure and presentation of Boyle's writings. Section 3 considers the published text section by section and indicates which parts were written when; it also surveys unpublished draft material relating to the work. Section 4 places the work in context, considering the intellectual threats that Boyle sought to confront in it, both when he initially composed it in the 1660s and when he rewrote it c. 1680. It thus anchors him more precisely than hitherto in the intellectual debates of his day. (shrink)

Hart identified a utilitarian tradition in jurisprudence, which he associated with Jeremy Bentham and John Austin. This tradition consisted in three doctrines: the separation of law and morals; the analysis of legal concepts; and the imperative theory of law. I argue, contrary to Hart, that Bentham did not adopt a 'positivist' conception of law whether understood in terms of the separation of legal theory and morality or in terms of the separation of law and morals. Misinterpreting Bentham's approach (...) to the analysis of language, Hart was wrong to assume that Bentham's jurisprudential project was a precursor to his own attempt to provide a morally neutral description of a legal system. It was this assumption that led to mistakes in Hart's editing of Of Laws in General. Bentham's utilitarian theory of law should be recognised as a distinct alternative to Common Law and Natural Law theories. (shrink)

Horace, edited with Explanatory Notes by Thomas Chase, LL.D. Philadelphia, Eldredge and Brother. Revised Edition, 1892; 1 doll. 10c. Text pp. 1—252, Notes 253—458.The Odes and Epodes of Horace, translated into English Verse with an Introduction and Notes and Latin Text by John B. Hague, Ph. D. New York: G. B. Putnam's Sons, 1892.

This address at the Hart Centenary Conference in Cambridge in July 2007 reflects on foundational elements in Hart's method in legal philosophy. It argues that his understanding of what it is to adopt an internal point of view was flawed by (a) inattention to the difference between descriptive history (or biography or detection) and descriptive general theory of human affairs, (b) inattention to practical reason as argument from premises, some factual but others normative (evaluative) in their content, and (...) (c) relative inattention to the deliberations of law-makers as distinct from subjects of the law. These flaws contributed to a concept or theory of law that so truncated its account of the juridical, and of the sources of legal reasoning, that it could provide little or no guidance in situations of legal difficulty. The paper suggests that these flaws result, to some significant extent, from the skeptical doubts about morality evident particularly in his later work. All this has implications for the kind of approach to law and legal theory often self-described as positivist. (shrink)