Hobbes presents the fifth Law of Nature, Mutual Accommodation, in Leviathan, Chapter XV. Although a great deal of scholarly attention has been devoted to the first four Laws of Nature, hardly any mention of the fifth appears in the literature. This paper explains the fifth Law as a central piece of Hobbes's theory and thereby reveals his progressive inclinations. Drawing upon relevant passages in Leviathan I show how Hobbes's view of property allocation and reallocation derives from this (...) Law and how attention to mutual accommodation directs sovereigns to constrain their grasping inclinations and curb their disposition to overextend legislative authority. (shrink)

This book provides the reader with a detailed and captivating account of the story where, for the first time, physicists ventured into proposing a new force of nature beyond the four known ones - the electromagnetic, weak and strong forces, and gravitation - based entirely on the reanalysis of existing experimental data. Back in 1986, Ephraim Fischbach, Sam Aronson, Carrick Talmadge and their collaborators proposed a modification of Newton's Law of universal gravitation. Underlying this proposal were three tantalizing pieces of (...) evidence: 1) an energy dependence of the CP (particle-antiparticle and reflection symmetry) parameters, 2) differences between the measurements of G, the universal gravitational constant, in laboratories and in mineshafts, and 3) a reanalysis of the Eötvos experiment, which had previously been used to show that the gravitational mass of an object and its inertia mass were equal to approximately one part in a billion. The reanalysis revealed that, contrary to Galileo's position, the force of gravity was in fact very slightly different for different substances. The resulting Fifth Force hypothesis included this composition dependence and also added a small distance dependence to the inverse-square gravitational force. Over the next four years numerous experiments were performed to test the hypothesis. By 1990 there was overwhelming evidence that the Fifth Force, as initially proposed, did not exist. This book discusses how the Fifth Force hypothesis came to be proposed and how it went on to become a showcase of discovery, pursuit and justification in modern physics, prior to its demise. In this new and significantly expanded edition, the material from the first edition is complemented by two essays, one containing Fischbach's personal reminiscences of the proposal, and a second on the ongoing history and impact of the Fifth Force hypothesis from 1990 to the present. <. (shrink)

In 1986 Ephraim Fischbach, Sam Aronson, and Carrick Talmadge proposed a modification of Newton’s law of universal gravitation. This modification changed the gravitational potential from V = −Gm1m2∕r to V = [1 + αe−r∕λ] where α, the strength of the interaction, was approximately one percent and the range of the force λ was approximately 100 meters. This additional term was known as the Fifth Force. This suggestion was based on tantalizing evidence provided by a reanalysis of the Eötvös experiment, (...) an early test of the equivalence principle, a difference between the measured value of G, the gravitational constant, as determined by laboratory measurements and those performed in mineshafts, and a small energy dependence in the CP-violating parameters in K0-meson decay. The two initial measurements of the Fifth Force disagreed. One supported its existence and the other did not. How this discrepancy was resolved and the subsequent history of experiments on the Fifth Force will be discussed. By 1990 the consensus was that such a Fifth Force did not exist. Despite that judgment, work continued, and the more recent history of the Fifth Force is also discussed. The consensus remains that there is no Fifth Force. (shrink)

The formation of national law in the recovered state of Lithuania in 1918 was started by using foreign sources of law that had been implemented by occupants prior to the First World War. The most important object of acceptance was the old Russian tsar law, i.e. all of the sixteen volumes, which were clearly outdated and incompatible with the democratic form of the Lithuanian state. The preservation of foreign law, to the extent that it did not contradict the norms of (...) the Constitution, was established by the Constitution as temporary means within limitations to certain areas of regulation that were not regulated by the Lithuanian legislation. The newly issued national laws announced the relationship with the relevant accepted ones by providing specific references to the norms that had been changed or abolished. In the long run national law reduced the importance of the accepted laws by making them of secondary with a limited purpose to cover the gaps in national legislation. The complete removal of the accepted legislation was supposed to be accomplished by inventory, evaluation of feasibility, relevant corrections and translations into Lithuanian language. These tasks were undertaken by the Government in between the fourth and fifth decades. However, the Soviet occupation discontinued this effort. (shrink)

This article provides new information on the printing and readership history of the fifth edition of De iure belli ac pacis. Building on our earlier research on the way that the dispute between Willem Janszoon Blaeu and Johannes Janssonius influenced the publication of the 1631 edition of the text, this article studies how Blaeu harnessed his position to make the 1632 edition more reputable than the earlier version published by his rival. The article considers how, over four centuries, readers (...) have appreciated the quality of the production and three engaged with the text for radically different ends: Remigius Faesch, Baron von Boineburg, and Wendell Phillips. The article draws attention to the changes and continuities in reading and annotation patterns and offers preliminary insights into the themes that these influential readers focused on. We hope that it will inspire readers to bring further copies to our attention. (shrink)

The collection and disposal of rubbish and waste and the maintenance of a decent standard of hygiene was as much a problem for ancient city authorities as for modern town councils. The responsibility for the removal of waste would often be dependent upon the nature of the rubbish and the facilities which city authorities offered. Thus early in the fourth century B.C. the agoranomic law from Piraeus prohibited individuals from piling earth and other waste on the streets and compelled the (...) offender to remove it. The astynomic law from Pergamon, which probably dates originally to the Hellenistic period, similarly forbade the dumping or piling up of earth or the mixing of mortar on the streets of the city. As one of Demosthenes' speeches indicates, the effect of dumping rubbish indiscriminately was to raise the level of the road surface, which consequently restricted access and endangered adjacent property. Excavation of a triangular hieron to the south west of the agora at Athens further illustrates the results of dumping. Here it was found that, between the construction of the hieron in the late fifth century B.C. and the beginning of the fourth century B.C, the road surface on its northern side rose more than half a metre and covered the lower part of the wall of the hieron and its boundary marker. The accumulated fill included a deep layer of marble chips, which had been dumped in the area by marble workers. The laws from Piraeus and Pergamon were thus designed to keep streets passable, protect adjacent buildings, and safeguard pedestrians. (shrink)

The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which criminal law is (...) recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law. (shrink)

The Laws of Thought is an exploration of the deductive and inductive foundations of rational thought. The author here clarifies and defends Aristotle’s Three Laws of Thought, called the Laws of Identity, Non-contradiction and Exclusion of the Middle – and introduces two more, which are implicit in and crucial to them: the Fourth Law of Thought, called the Principle of Induction, and the Fifth Law of Thought, called the Principle of Deduction. This book is a thematic compilation drawn from (...) past works by the author over a period of twenty-three years (1990-2013). (shrink)

This is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil and criminal (...) responsibility, and sovereignty. This new fifth edition adds over two dozen new cases, including new sections on Indigenous issues and international law. A helpful glossary of common legal terms has also been added as an appendix. (shrink)

Before engaging with intentionality, the philosopher of mind must consider the intrinsic nature of psychological elements. Conscious states, contrary to ordinary and scientific objects, seem to penetrate each another in such a way that it becomes impossible to enumerate, class or organize through laws the various experiences at stake. In this context, how is a science of consciousness conceivable? How is it possible to apply the epistemological requirements of any science to a domain whose ontological nature contradicts such demands? The (...) paper reconstructs Husserl’s solution to this issue in the Fifth Logical Investigation. I show how his appeal to the mereological framework of the Third Investigation gives him the tools to rationalize the domain of the mind and to establish phenomenology as an authentic science of consciousness. I first demonstrate that the very task of phenomenological investigations is defined in mereological terms. I then reconstruct the issue regarding the inclusion of the intentional object within the act, by exposing the nuances of the Husserlian position in this famous controversy. In a last part, I show how mereological concepts are at the core of the Husserlian reinterpretation of the Brentanian thesis according to which all acts are presentations or based on presentations. (shrink)

"Gagarin demonstrates persuasively that Antiphon the logographer is identical with the Antiphon who made intellectual contributions on more abstract topics." —Mervin R. Dilts, Professor of Classics, New York University Antiphon was a fifth-century Athenian intellectual (ca. 480-411 BCE) who created the profession of speechwriting while serving as an influential and highly sought-out adviser to litigants in the Athenian courts. Three of his speeches are preserved, together with three sets of Tetralogies (four hypothetical paired speeches), whose authenticity is sometimes doubted. (...) Fragments also survive of intellectual treatises on subjects including justice, law, and nature (physis), which are often attributed to a separate Antiphon the Sophist. Were these two Antiphons really one and the same individual, endowed with a wide-ranging mind ready to tackle most of the diverse intellectual interests of his day? Through an analysis of all these writings, this book convincingly argues that they were composed by a single individual, Antiphon the Athenian. Michael Gagarin sets close readings of individual works within a wider discussion of the fifth-century Athenian intellectual climate and the philosophical ferment known as the sophistic movement. This enables him to demonstrate the overall coherence of Antiphon's interests and writings and to show how he was a pivotal figure between the sophists and the Attic orators of the fourth century. In addition, Gagarin's argument allows us to reassess the work of the sophists as a whole, so that they can now be seen as primarily interested in logos (speech, argument) and as precursors of fourth-century rhetoric, rather than in their usual role as foils for Plato. (shrink)

To defend the fatherland, to obey the laws and authorities, and to honour the State's cults are the principal points the Athenian citizen promised to fulfil in his oath of allegiance—called ephebic, because he took it as a recruit —at least since the second half of the fourth century B.C.. These duties are fundamental for the citizen's attachment to hispolis, so one will hardly assume that the content of the oath depends upon the existence of the Athenian institution of cadet-training (...) which is attested by inscriptions not earlier than 334/3 B.C. Some ambiguous passages in fifth- and fourth-century authors give no reliable clue to determine the form or origin of theephebeia.I shall consider sworn civic duties and the organisation of military training as different things, and shall treat the oath independently from the disputed question of when theephebeiacame into existence. My purpose is to draw attention to some fifth-century allusions to the oath which seem to have remained unnoticed so far.This oath is transmitted by Pollux, Stobaeus, and a fourth-century inscription from the Attic deme Acharnae. I give the epigraphic version, following G. Daux's text. I omit the first part of the whole inscription and the last part. (shrink)

The aim of this paper is to show how thought experiments help us learn about laws. After providing examples of this kind of nomic illumination in the first section, I canvass explanations of our modal knowledge and opt for an evolutionary account. The basic application is that the laws of nature have led us to develop rough and ready intuitions of physical possibility which are then exploited by thought experimenters to reveal some of the very laws responsible for those intuitions. (...) The good news is that natural selection ensures a degree of reliability for the intuitions. The bad news is that the evolutionary account seems to limit the range of reliable thought experiment to highly practical and concrete contexts. In the fifth section, I provide reasons for thinking that we are not as slavishly limited as a pessimistic construal of natural selection suggests. Nevertheless, I promote the idea that biology is a promising source of predictions and diagnoses of thought experiment failures. (shrink)

The fifth commandment is part of the Ten Commandments that God gave to Moses on Mount Sinai. The Bible is the eternal word of God, so this fifth Law has a meaning that must be understood in the infinite dimension. The Bible gives the principle that if the man fails to do one of the commandments in the Law, then he has failed. There are many interpretations of this Law, but it only comes down to practical, ethical, and (...) moral dimensions because it solely focuses on the relevance of the present. The Bible states that the curse of the Law has been redeemed and fulfilled by Jesus Christ. After the resurrection, Jesus said that in the Torah, the Psalms and the Prophets written about Him. Thus Jesus gave a new concept of interpretation in understanding the Law. This principle is called the historical redemptive approach. The Bible states the culmination of completing all of Jesus' redemptive work is the time of the second coming in the realization of the new heaven and earth. Therefore, how to explain the relevance of the fifth Law in the context of eternity. This research focuses on the understanding of the Fifth Law in the eschatological dimension. (shrink)

The human sciences, says Foucault, are those inquiries about 'man' as the two-faced one. The 'object and knower of knowledge, ' refers to 'man' whose heads look in and out rather than left and right at past and future. Although Foucault is primarily concerned with relations of abstract power rather than human interpersonal relations, the idea of the human sciences - the 'immature sciences' - do provide an intellectual position recast as a target to hit against. A legal system which (...) interprets and represents the value of freedom can do so only if it grows out of the free reciprocity of communicative exchange between free people. Here law functions as a link and as a pivot between possible and ideal, between physical and metaphysical. This volume of the papers presented at the Fifth Round Table on Law and Semiotics is, as is all of Legal semiotics, an investigatory tool: a discovery of legal meaning, and a means of discovery, i.e., a way of producing such evidence that may be further evaluated in judgments of Law's acts and transactions with other sign-systems in the whole sphere of social organization. (shrink)

The aim of this paper is to show how thought experiments help us learn about laws. After providing examples of this kind of nomic illumination in the first section, I canvass explanations of our modal knowledge and opt for an evolutionary account. The basic application is that the laws of nature have led us to develop rough and ready intuitions of physical possibility which are then exploited by thought experimenters to reveal some of the very laws responsible for those intuitions. (...) The good news is that natural selection ensures a degree of reliability for the intuitions. The bad news is that the evolutionary account seems to limit the range of reliable thought experiment to highly practical and concrete contexts. In the fifth section, I provide reasons for thinking that we are not as slavishly limited as a pessimistic construal of natural selection suggests. Nevertheless, I promote the idea that biology is a promising source of predictions and diagnoses of thought experiment failures. (shrink)

An important challenge when creating automatically processable laws concerns open-textured terms. The ability to measure open-texture can assist in determining the feasibility of encoding regulation and where additional legal information is required to properly assess a legal issue or dispute. In this article, we propose a novel conceptualisation of open-texture with the aim of determining the extent of open-textured terms in legal documents. We conceptualise open-texture as a lever whose state is impacted by three types of forces: internal forces (the (...) words within the text themselves), external forces (the resources brought to challenge the definition of words), and lateral forces (the merit of such challenges). We tested part of this conceptualisation with 26 participants by investigating agreement in paired annotators. Five key findings emerged. First, agreement on which words are open-texture within a legal text is possible and statistically significant. Second, agreement is even high at an average inter-rater reliability of 0.7 (Cohen’s kappa). Third, when there is agreement on the words, agreement on the Open-Texture Value is high. Fourth, there is a dependence between the Open-Texture Value and reasons invoked behind open-texture. Fifth, involving only four annotators can yield similar results compared to involving twenty more when it comes to only flagging clauses containing open-texture. We conclude the article by discussing limitations of our experiment and which remaining questions in real life cases are still outstanding. (shrink)

The prevailing historiographic reconstruction of the political struggle in Athens during the last years of the fifth century originates from the discovery of the text of the Aristotelian Athenaion Politeia [Ath.]. According to this reconstruction, three political options and three political programmes were in effect. These were, on the one hand, traditional democracy and opposing oligarchy; on the other, a new third way, that of ‘the moderates’, who under the leading of Theramenes represents a solution to the stasis. The (...) political program of themoderates is supposed to include the following fundamental items: a return to an ancient constitution, the reduction of the number of citizens and their political rights, the sovereignty of law, and the recuperation of accord between citizens. This paper tries to highlight the weakness of this interpretation by analysing the difficulties in grasping from the sources this whole program and their adscription to a leader and to a distinctive political group. The misinterpretation was already implicit in the author of the Athenian Constitution, perhaps a disciple of Aristotle. He wrote influenced by the Aristotelian political theory and thereby he interpreted all that he had read about Theramenes, the Five Thousand and the patrios politeia as if the Aristotelian ideals of the mesotes and of mese politeia were actually proposed and temporally achieved in Athens by the efforts of Theramenes and his supporters. (shrink)

Since the early 1990s, politicians, policymakers, the media and academics have increasingly focused on religion, noting the significant increase in the number of cases involving religion. As a result, law and religion has become a specific area of study. The work of Professor Norman Doe at Cardiff University has served as a catalyst for this change, especially through the creation of the LLM in Canon Law in 1991 and the Centre for Law and Religion in 1998. Published to mark the (...) twenty-fifth anniversary of the LLM in Canon Law and to pay tribute to Professor Doe's achievements so far, this volume reflects upon the interdisciplinary development of law and religion. (shrink)

Since the early 1990s, politicians, policymakers, the media and academics have increasingly focused on religion, noting the significant increase in the number of cases involving religion. As a result, law and religion has become a specific area of study. The work of Professor Norman Doe at Cardiff University has served as a catalyst for this change, especially through the creation of the LLM in Canon Law in 1991 and the Centre for Law and Religion in 1998. Published to mark the (...) twenty-fifth anniversary of the LLM in Canon Law and to pay tribute to Professor Doe's achievements so far, this volume reflects upon the interdisciplinary development of law and religion. (shrink)

This article focuses on the history of the concept of natural law and the role which Aristotle, and especially his Rhetoric, has to play within it. It is sometimes suggested that the origins of the concept of law are to be located in the writings of Plato and Aristotle in the fourth century BCE. The article argues that there is evidence both in Aristotle's Politics and in his Rhetoric to support the view that this is not the case. In these (...) texts Aristotle suggests that the origins of the concept of natural law lie in the writings of the Sophists in the fifth century, some of whom used natural law arguments to question the legitimacy of slavery. (shrink)

There is much interest in moving AI out into real world applications, a move which has been encouraged by recent funding which has attempted to show industry and commerce can benefit from the Fifth Generation of computing. In this article I suggest that the legal application area is one which is very much more complex than it might — at first sight — seem. I use arguments from the sociology of law to indicate that the viewing of the legal (...) system as simply a rule-bound discipline is inherently nave. This, while not new in jurisprudence, is — as the literature of AI and law indicates — certainly novel to the field of artificial intelligence. The socio-legal argument provided is set within the context of AI as one more example of the failure of scientific success and method to easily transmit itself over into the social sciences. (shrink)

:A norm of equal treatment is cited regularly in the American jurisprudence of property “takings” under the Fifth and Fourteenth Amendments to the Constitution, as a benchmark of fair treatment of owners. According to an increasingly prevalent version of this equality norm, courts should look to parity of treatment among property owners in investigating whether particular regulations “take” property. This essay argues, however, that such an equality norm is misplaced, and that courts should judge fairness by the criterion of (...) expectation—including reasonable expectations of regulation.A norm of equality becomes problematic in the face of the economic theory of the evolution of property. This theory posits that as resources become more congested, their uses carry increasing common pool costs or “externalities”—a scenario that should predictably result in more stringent resource management—up to and including the establishment of regulatory regimes as well as property rights themselves. This evolutionary pattern, however, places earlier and later resource users in different positions vis-à-vis both common pool externalities and regulatory responses, and their different temporal positions fragment the meaning of equal treatment and destabilize it as a jurisprudential norm. This essay argues that while equal treatment may be a benchmark for special or invidious cases, like those relating to civil rights, the great bulk of takings cases involve regulatory responses to congesting resources, where a norm of equal treatment breaks down. Thus, in seeking fair treatment, takings jurisprudence should downplay equality and instead look to the understanding of property as a basis of expectations—but those expectations should include the anticipation of reasonable regulatory responses to resource congestion. (shrink)

We reconstruct Kuhn’s philosophy of measurement and data paying special attention to what he calls the “fifth law of thermodynamics”. According to this "law," there will always be discrepancies between experimental results and scientists’ prior expectations. The history of experiments to determine the values of the fundamental constants offers a striking illustration of Kuhn’s fifth law of thermodynamics, with no experiment giving quite the expected result. We highlight the synergy between Kuhn’s view and the systematic project of iteratively (...) determining the value of physical constants, initiated by spectroscopist Raymond Birge, that was ongoing when Kuhn joined Berkeley in 1956. Our analysis sheds light on various underappreciated aspects of Kuhn’s thought, especially his notion of progress as improvement in measurement accuracy. (shrink)

Originally published in 1971 by Winthrop Publishers, Inc., this volume provides a discussion and analysis of the theory of natural law as it appears in contemporary political and social thought. This theory of natural law was used from the fifth century B.C. until the end of the eighteenth century to provide a universal, rational standard to determine the nature and limits of political obligation, the evaluation of competing forms of government, and the relation of law and politics to morals.

The fifth volume of essays in medical ethics and law produced by the King's College Centre of Medical Law and Ethics. Issues addressed include a discussion of the ethics and epistemology of clinical research, the validation of therapies and topical concern.

This paper compares the Cīvaravastu of the Mūlasarvāstivāda Vinaya with its counterparts in the other four Sthavira Vinayas, namely the Cīvarakkhandhaka/Cīvaradharma[ka] sections of the Vinayas of the Theravādins, Dharmaguptakas, Mahīśāsakas and Sarvāstivādins. It demonstrates that a significant number of stories and rules in the Cīvaravastu have no parallel in the other Sthavira Vinayas. Even those stories and rules that have parallels or partial parallels in the other Sthavira Vinayas can still offer us glimpses into the distinctive concerns of the Mūlasarvāstivādin (...) jurists who wrote or redacted this text. Based on three comparative tables and two examples, this paper argues that the Mūlasarvāstivādin authors/redactors of the Cīvaravastu, contrasted with the jurists of other Sthavira sects or schools, displayed at least five characteristics. First, they shared some common narrative lore with the Śvetāmbara Jainas, which is not found in the other Sthavira Vinayas. Second, they showed a stronger predilection for including past-life stories. Third, they repeatedly used the learned-but-greedy monk Upananda to create comic effect. Fourth, they were strongly and explicitly concerned with a wider range of legal issues related to Buddhist monastic inheritance, and came up with detailed solutions to such issues. Fifth, they showed a more acute awareness of the connection between monastic clothing and public image, as well as the need for thoroughly differentiating the appearance of Buddhist monks from that of other religious groups in ancient India. (shrink)

Originally published in 1971 by Winthrop Publishers, Inc., this volume provides a discussion and analysis of the theory of natural law as it appears in contemporary political and social thought. This theory of natural law was used from the fifth century B.C. until the end of the eighteenth century to provide a universal, rational standard to determine the nature and limits of political obligation, the evaluation of competing forms of government, and the relation of law and politics to morals.

This volume forms part of a series exploring key issues in ethics, law and society, published in association with the Cardiff Centre for Ethics, Law and Society. The collection is a celebration of the approach and values embraced within previous volumes in the series. The works collectively address new technological, social, and regulatory developments and the fresh ethical dilemmas these pose, but quite critically, also compel an urgent revisiting of social and legal issues that were once the subject of controversy (...) but which have fallen out of the line of sight of academics, politicians and policy-makers. Bringing together selected papers, the editors seek to make apparent the thematic links between contributions in presenting works written by a group of international experts in response to specific ethical issues, including topics on the ethics of care, theorising ethics, body politics and governance; as such, the collection is multidisciplinary in approach, seeks to appeal to a broad audience and provides a valuable resource for all those concerned with contemporary ethical issues. This fifth and final volume bring the series to a close and is dedicated to the memory of Dr Jennifer Gunning. (shrink)

Six "divine conjectures" frame the place of Theóne (The One to Whom we pray) in the creation of our universe and for its continuing development in five subsequent stages into a loving universe. The first stage, the cosmological universe, establishes the laws of nature, understood by scientists as the "standard model". The second stage introduces life and death into the universe by a process we are only now beginning to understand. Stage 3 requires certain life forms to become conscious with (...) a subset of those life-forms acquiring language that results in that subset becoming self-conscious. The next stage, Conjecture 4, identifies certain persons who become addicted to learning in their unrelenting effort to learn as much of what can be known as possible. The fifth conjecture requires individual persons to act as agents of Theóne in achieving Conjecture 6—a universe that is both loving and lawful. During the course of the exposition subsidiary discussions of the concepts of conjecture and hypothesis explicate the function of each in the advancement of knowledge and understanding. There are brief discussions of prayer and purpose in relation to the Divine. (shrink)

Roman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a foundational role with (...) regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum. (shrink)

On October 5, 2015, Governor Jerry Brown approved bill ABX2 15, the End of Life Option Act, making California the fifth state in the country to allow physician-assisted dying. The law was modeled after Oregon's 1997 Death with Dignity Act. When the legislative special session ended on March 10, 2016, California health care providers had only ninety days to respond to the state mandate before the law would take effect, on June 9, 2016. Experience with the law so far (...) suggests several challenges with implementation. (shrink)

This chapter examines the immediate background of the emergence of the highly influential insular canonical collections and investigates the way they relate to the earliest canonical texts compiled in Ireland and Anglo-Saxon England. It discusses the Irish collection of canons Collectio Canonum Hibernensis and the Canons of Theodore, and explores how the compilers of canonical literature approached an age-old problem inherent to medieval canon law. The chapter also outlines the governing principles which characterised insular canonical thinking and shows that the (...) Collectio Canonum Hibernensis was firmly grounded in an insular canonical tradition. (shrink)

Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld’s analysis of rights. (...) This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author’s own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger’s theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights. (shrink)

In the fifth book of Plato'sLaws(745e7–746a8), the Athenian stranger concedes that some requirements posed in the description of the ideal city might be unrealistically demanding. The passage quotes the due limits fixed with regard to wealth and the regulations about the number of children and the size of the family, as well as the rules to be observed in the allocation of houses in the city and in the countryside. The latter requirement is recalled at 746a6–7 (ἔτι δὲ χώρας (...) τε καὶ ἄστεος, ὡς εἴρηκεν, μεσότητάς τε καὶ ἐν κύκλῳ οἰκήσεις πάντῃ), where the word μεσότης is unanimously understood as indicating a geographic notion of ‘middle’, with regard to either the position of the houses in the ideal city, or that of the city in the territory. (shrink)

In the fifth book of Plato'sLaws(745e7–746a8), the Athenian stranger concedes that some requirements posed in the description of the ideal city might be unrealistically demanding. The passage quotes the due limits fixed with regard to wealth and the regulations about the number of children and the size of the family, as well as the rules to be observed in the allocation of houses in the city and in the countryside. The latter requirement is recalled at 746a6–7 (ἔτι δὲ χώρας (...) τε καὶ ἄστεος, ὡς εἴρηκεν, μεσότητάς τε καὶ ἐν κύκλῳ οἰκήσεις πάντῃ), where the word μεσότης is unanimously understood as indicating a geographic notion of ‘middle’, with regard to either the position of the houses in the ideal city, or that of the city in the territory. (shrink)

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...) at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (shrink)

The essay seeks to single out, describe, and analyze the main semiotic features that compose the fundamentalist understanding of authoriality. Given a definition of authoriality as the series of semiotic dynamics that induce a reader to posit a genetic relation between an author and a text, the fundamentalist authoriality is characterized as displaying six main traits. First, centrality of the written text: in order to postulate a perfect coincidence between a transcendent intentio auctoris and an immanent intentio lectoris, fundamentalist exegetical (...) and juridical hermeneutics must be anchored to a stable message, canonized into a written verbal text or into a corpus of written verbal texts. Second, fundamentalist authoriality rests on the assumption of the immutability and mono-centrism of the religious semiosphere that irradiates from the written text. Third, literalism, infallibility, and non-contradiction are attributed to the relation between the written text, its exegetical hermeneutics, and the pragmatic normative orders to which it gives rise. Fourth, fundamentalist authoriality rules out any potential duplicity of the operations that ‘extract’ meaning from religious texts. Fifth, the assumption of the immutability of the religious text leads to exclusion of any operation that might alter the form of both its expression and content, hence to stigmatization of translation. The sixth feature of fundamentalist authoriality encompasses all the previous ones: in fundamentalism, a religious text is not actually a text anymore, but a mirror, whose passive reflection of the exegete’s mind undermines the semiotic nature of the relation between the reader and the text. (shrink)

The starting point for studying the Croatian constitutional democracy is the adoption of the Constitution of the Republic of Croatia on 22 December 1990. The said Constitution defines the system of government as semi-presidential and its authors state as their model the Constitution of the Fifth Republic. However, the importing, in 1990, of French constitutional provisions was not neutral since the original French constitutional text was stripped of institutional obstacles, constitutional institutions for opposing the will of the President of (...) the Republic, constitutional-law conditions for the Prime Minister's primacy in the political system in case of co-habitation and discrepancies between the parliamentary and the presidential majority. The text was complemented by constitutional norms unknown to the original. French constitutional norms had to be put to good use, interpreted in line with and legally adapted to the desired political goal, i.e., the establishment of an effective state government in which the primacy of the President of the Republic would assert itself over both the Government and the legislature. The myth on the semi-presidential system was drawn on for both the adoption of the provisions regulating the organisation of government in the 1990 Constitution of the Republic of Croatia and their amendment in 2000. (shrink)

This paper provides a critical reconstruction of J. B. Erhard's account of recognition that locates it within the context of his revolutionary natural law theory. The first three sections lay out the foundations of Erhard's position. The fourth section outlines Erhard's response to the opponents of revolution and raises a problem for it. The fifth section argues that we can resolve this problem by drawing upon Erhard's account of failures of legal recognition. The sixth and final section considers the (...) relevance of that account for contemporary legal and political theory. (shrink)

“Due process of law” is arguably the most controversial and frequently-litigated phrase in the American Constitution. Although the dominant originalist view has long been that Fifth and Fourteenth Amendment’s Due Process of Law Clauses are solely “process” guarantees and don’t constrain the “substance” of legislation at all, originalist scholars have in recent years made fresh inquiries into the historical evidence and concluded that there’s a weighty case for some form of substantive due process. In this Article, we review and (...) critique these findings employing our theory of good-faith originalist interpretation and construction. We begin by investigating the “letter” of the Due Process of Law Clauses — that is, the original meaning of their texts. Next, to develop doctrine by which this meaning can be implemented, we identify the clauses’ original function — their “spirit” — of barring arbitrary exercises of power over individuals that rest upon mere will rather than constitutionally proper reasons. We contend that the original letter and spirit of the “due process of law” in both clauses requires federal and state legislators to exercise their discretionary powers in good faith by enacting legislation that is actually calculated to achieve constitutionally proper ends and imposes a duty upon both state and federal judges to make a good-faith determination of whether legislation is calculated to achieve constitutionally proper ends. Finally, we confront hard questions concerning the scope of the states’ reserved powers, acknowledging the flaws in the “police-power” jurisprudence associated with the so-called “Lochner era” and we delineate an approach that will better safeguard all “person(s)” against arbitrary power. By so doing, we assist state and federal legislators by providing clarity concerning the constitutionally proper ends that federal and state legislators can pursue; aid state and federal judges by equipping them to review legislators’ pursuit of those ends; and help members of the public by enabling them to monitor the performance of their legislative and judicial agents. (shrink)

This edition collects all the surviving evidence for the fifth-century BCE Athenian sophist Antiphon and presents it together with a translation and a full commentary, which assesses its reliability and significance. Although Antiphon is not as familiar a figure as sophists such as Protagoras and Gorgias, substantial fragments have survived from his major works, On Truth and On Concord, including extensive remains preserved on papyrus. In addition, information about his doctrines is preserved by ancient writers ranging in time from (...) Aristotle to Simplicius and beyond. The introduction provides a brief sketch of Antiphon, his works, and his place in the fifth-century BCE sophistic movement, including his important contribution to the contemporary debate over the relation of law and nature. It also deals with the controversial question of the identity of Antiphon the sophist in relation to Antiphon of Rhamnus and other men of the same name. (shrink)

It is often assumed that Fichte's aim in Part I of the System of Ethics is to provide a deduction of the moral law, the very thing that Kant – after years of unsuccessful attempts – deemed impossible. On this familiar reading, what Kant eventually viewed as an underivable 'fact' (Factum), the authority of the moral law, is what Fichte traces to its highest ground in what he calls the principle of the 'I'. However, scholars have largely overlooked a passage (...) in the System of Ethics where Fichte explicitly invokes Kant's doctrine of the fact of reason with approval, claiming that consciousness of the moral law grounds our belief in freedom (GA I/5:65). On the reading I defend, Fichte's invocation of the Factum is consistent with the structure of Part I when we distinguish (a) the feeling of moral compulsion from (b) the moral law itself. (shrink)

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged text (...) of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes an up-to-date bibliography and biographical synopses of the principal figures mentioned in the text. (shrink)