Modern social and political thought has approached the questions of politics, law, and citizenship from the vantage point of a fundamental divide between the occidental and oriental, or archaic and modern, institutions. This article creates a concept, the gift of law, by staging two gift-giving practices as two historical moments: Greek euergetism and Ottoman waqf. While it is indebted to Mauss, our articulation of the gift of law also owes to the critical interventions of Jacques Derrida and Pierre Bourdieu, (...) who emphasized non-voluntaristic and non-calculative aspects of the gift. We argue that both euergetism and the waqf enabled and substantiated legal subjectivities that allocated rights and obligations. Those gift-giving practices establish relationships between various groups and legal authorities that were crucial in the formation of cities as spaces of government, for both citizens and non-citizens alike. With the concept ‘gift of law’, categories ‘oriental’ and ‘occidental’ become problematic. (shrink)

The requirement that animals be used in research and testing in order to protect humans was formalized in the Nuremberg Code and subsequent national and international laws, codes, and declarations. We review the history of these requirements and contrast what was known via science about animal models then with what is known now. We further analyze the predictive value of animal models when used as test subjects for human response to drugs and disease. We explore the use of animals for (...) models in toxicity testing as an example of the problem with using animal models. We conclude that the requirements for animal testing found in the Nuremberg Code were based on scientifically outdated principles, compromised by people with a vested interest in animal experimentation, serve no useful function, increase the cost of drug development, and prevent otherwise safe and efficacious drugs and therapies from being implemented. (shrink)

The current use of animals to test for potential teratogenic effects of drugs and other chemicals dates back to the thalidomide disaster of the late 1950s and early 1960s. Controversy surrounds the following questions: 1. What was known about placental transfer of drugs when thalidomide was developed? 2. Was thalidomide tested on animals for teratogenicity prior to its release? 3. Would more animal testing have prevented the thalidomide disaster? 4. What lessons should be learned from the thalidomide disaster regarding animal (...) testing for teratogenicity? We review the literature in order to address these questions. (shrink)

The prevailing narrative in the history of science maintains that the ancient Greeks did not have a concept of a ‘law of nature’. This paper overturns that narrative and shows that some ancient Greek philosophers did have an idea of laws of nature and, moreover, they referred to them as ‘laws of nature’. This paper analyzes specific examples of laws of nature in texts by Plato, Aristotle, Philo of Alexandria, Nicomachus of Gerasa, and Galen. These examples emerged out of (...) the closely intertwined Platonic and Pythagorean traditions, and these philosophers’ texts make reference to laws of nature when describing arithmetical methods, arithmological doctrines, or medical theories. Nicomachus’ laws of nature are especially noteworthy, because they have features that historians look for in the search for the origin of the modern concept of laws of nature. Nicomachus’ laws of nature are mathematical, universal, and necessary. This paper raises the possibility that the ancient Platonic and Pythagorean traditions influenced the subsequent development of the idea of laws of nature in medieval and early modern Europe, including the conception of laws of nature deployed by Johannes Kepler and Isaac Newton. (shrink)

La recherche récente a régulièrement remis en cause la catégorie moderne de « lois sacrées » désignant des inscriptions grecques qui forment un ensemble mal défini. Cet article entend dépasser le corpus traditionnel des « lois sacrées » en présentant un projet de recueil alternatif de « Normes rituelles grecques » (CGRN pour l’acronyme anglais), qui s’appuie sur des critères plus sélectifs et sera publié en ligne.

The presence of slavery in the Laws has puzzled and distressed many of Plato's admirers. However, before passing judgment on Plato's attitude toward slavery, we must first have a clear idea of the legal status of the slave under Plato's law, and compare it with the slave's position under Greek law of Plato's day. This work sets out to do just that, as well as to provide a good account of Greek law, much of which has been lost (...) over the course of history. (shrink)

In 1824 Eduard Gans, in the course of a study of inheritance law, had occasion to deal with the class of women known in Athens as epikleroi—daughters of a deceased man who, in the absence of sons, were married to their nearest relative, with the estate of the deceased passing to the son or sons of the new union. ‘For these,’ he wrote, ‘… the basic concept throughout is not that, in the absence of descendants, they themselves appear as inheritors, (...) but rather that they are inherited along with the property by the collaterals.’. (shrink)

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The (...) theoretical part, consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes, accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics and an epilogue on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes. (shrink)

For three decades Michael Gagarin has been recognized as one of the foremost authorities on the development of written law in archaic Greece, thanks in part to several important articles but especially due to his monographs from the 1980s, the exhaustive study of Draco's homicide law, and his seminal book, Early Greek Law. Particularly in the latter work, Gagarin pioneered the examination of early Greek law as a subject for which the insights of legal anthropology could prove useful, (...) and he steered the scholarly conversation on the topic away from the legal formalist and normativist approaches that had prevailed in much of the earlier literature, especially in Continental scholarship. Gagarin emphasized the informal nature of dispute settlement before written law and demonstrated the important role played by the pressure of public opinion in the early poleis. Additionally, Gagarin argued that there was no law in any real sense before the advent of written law, as there were no means to "recognize" what was a law and what was not. While neither his conclusions nor his methods have met with universal acclaim, there can be little doubt of the influence of Gagarin's ideas on the study of early Greek law. (shrink)

The rule of law and the law of nature -- The rule of law in Athenian democracy and Plato's Laws -- Protagoras on democracy and the rule of law -- Sophistic criticisms of the rule of law -- What make a law good? -- Plato's Socrates and the law codes of Athens -- The role of law in the classification of democratic constitutions in Aristotle, Pol. IV.

This edition of early Greek writings on social and political issues includes works by more than thirty authors. There is a particular emphasis on the sophists, with the inclusion of all of their significant surviving texts, and the works of Alcidamas, Antisthenes and the 'Old Oligarch' are also represented. In addition there are excerpts from early poets such as Homer, Hesiod and Solon, the three great tragedians Aeschylus, Sophocles and Euripides, the historians Herodotus and Thucydides, medical writers and presocratic (...) philosophers. Besides political theory, areas represented include early anthropology, sociology, ethics and rhetoric, and the wide range of issues discussed includes human nature, the origin of human society, the origin of law, the nature of justice, the forms of good government, the distribution of wealth, and the distribution of power among genders and social classes. (shrink)

This article undertakes to explain the importance of discourse in the modern philosophy of law. It conceptualises discourse as a step to the comprehensive truth of a phenomenon, which does not exist in most forms of modern methods. Therefore, modern philosophy of law must be sought through a vigorous application of the method of discourse in deducing the diversity of truth-seeking in modern legal doctrine and the application of law in contemporary society. In this article, the author endeavours to systemise (...) that discourse is capable of comprehending a single absolute fact in legal doctrine and law, which is necessary to produce the exact procedures in society. Thus, discourse unfolds the relationship between the known and the unknown into a philosophical principle. It is then conceivable that discourse by its deduction creates societal forms and substances for the investigator to understand the true form and nature of law in society. Keywords: discourse, philosophy of law, law, ethics, and integrity. (shrink)

In the Middle Ages, the idea of legislative sovereignty was expressed with reference to a host of commonplace arguments, such as pater legis, Sol Iustitiae, or lex animata. And many believe that it was the Roman legal concept of animate law which eventually laid the foundation for the elaboration of the idea of absolute power in the late Middle Ages. If this hypothesis is correct, the philosophic background of some late medieval and early modern absolutistic doctrines of political government could (...) be sought after as early as the classical Greek descriptions of a king who is nomos empsychos, that is, a living law. In this article, I intend to consider this intellectual tradition, and raise some doubts about the merits of the above claim, arguing instead for a separate consideration of the individual sources of the nomos empsychos concept. As such, I am tracing the genealogy of the expression to the fifth-century Pythagorean, Archytas of Tarentum, and I am demonstrating that originally the nomos empsychos was inseparably associated with an intrinsically Archytean tradition. (shrink)

Susan Sauvé Meyer presents a new translation of Plato's Laws, 1 and 2. In these opening books of Plato's last work, a Cretan, a Spartan, and an Athenian discuss legislative theory, moral psychology, and the criteria for evaluating art. The interlocutors compare the relative merits of different nomoi (laws, practices, institutions), in particular, the communal meals (sussitia) practiced in Sparta and Crete and the paradigmatically Athenian institution of the drinking party (sumposion). They agree that the legislator's goal is to inculcate (...) virtue in the citizens, but they disagree about what the virtues are, and what institutions are required to inculcate them. The Spartan and Cretan, who value military strength in a city and courage in its citizens, see no value in drinking parties, which they take to encourage softness and susceptibility to pleasure. The Athenian insists that drinking parties train citizens in moderation, just as military exercises train citizens in courage. He defends this paradoxical thesis by offering a moral psychology and theory of virtue (rather different from that of the Republic but highly evocative of Aristotle's Ethics), along with a theory of education in which choral song and dance play an important role. A detailed discussion of the criteria for evaluating works of art rounds out the discussion, and here too the reader will find a discussion very different from the treatment of art in the Republic. Meyer's fluent and readable translation achieves a high standard of fidelity to the original Greek. The commentary lays bare the structure of the argumentation, illuminates the philosophical issues, and explains difficult passages, making this complex and intricate work accessible to students and scholars alike. (shrink)

This is a concise and easy-to-read account of the ethical philosophy of the Greeks, from the Sophists to the Stoics. With particular emphasis on Socrates, Plato, and Aristotle, the author skillfully traces the themes of law and nature, virtue, knowledge and happiness, and love and friendship, giving a comprehensive account of the meanings the Greeks attached to expressions such as "justice", "voluntary action", "virtue", and "good".

This book studies the influence of Hellenism and Greco-Roman philosophy on Philo of Alexandria's view of the Mosaic law.

Much recent scholarship on Heraclitus has emphasized that the philosopher exploits recurring words in his terse sayings. The dok- words were among his favorites, for example, as was psychê, soul, in some innovative usages. The great Ephesian philosopher also enjoyed drawing sharp, verbal images borrowed from contemporary life, some of them memorable even to the modern reader. Words and images can, in turn, “resonate” between contexts when they appear in several fragments. One example, a recurring word and image concerns marturia, (...) witnessing as a formal legal action. The chosen terminology of Heraclitus and the scene it evokes are borrowed from the local courts. In this feature the witness sayings bear comparison to earlier well-known examples from Milesian Anaximander and Athenian Solon, who imagines himself summoning Mother Earth as his eyewitness at a future trial where he will defend his accomplishments. (shrink)

Assuming the crucial interest of Arabic material for the recovery of the textual tradition of some Greek texts of mechanics, the following article aims at presenting a partial survey of the Graeco-Arabic transmission in the field of mechanics. Based on new manuscript material dating from the ninth to the twelfth century, it investigates the textual and theoretical traditions of two writings ascribed to Aristotle and Euclid respectively and transmitted to Arabo-Islamic culture in fragmentary form. The reception and the impact (...) of the Peripatetic Mechanics are analyzed on the basis of texts edited by al-Khāzinī as well as by the comparative study of the proof of the law of the lever in three authors: Pseudo-Aristotle, Thābit ibn Qurra, and al-Isfizārī. The codicological analysis of the extant manuscripts of Maqāla fī ‘l-mīzān – a rather systematic treatise on the balance ascribed to Euclid – leads to the assumption that it is a Greek fragment edited in Arabic. This reconstruction of the Arabic tradition of Euclidean mechanics is further elaborated by an annotated synopsis of al-Isfizārī's systematic recension of the text. (shrink)

The understanding of the soul in the West has been profoundly shaped by Christianity, and its influence can be seen in certain assumptions often made about the soul: that, for example, if it does exist, it is separable from the body, free, immortal, and potentially pure. The ancient Greeks, however, conceived of the soul quite differently. In this ambitious new work, Michael Davis analyzes works by Homer, Herodotus, Euripides, Plato, and Aristotle to reveal how the ancient Greeks portrayed and understood (...) what he calls “the fully human soul.” Beginning with Homer’s _Iliad_, Davis lays out the tension within the soul of Achilles between immortality and life. He then turns to Aristotle’s _De Anima_ and _Nicomachean Ethics_ to explore the consequences of the problem of Achilles across the whole range of the soul’s activity. Moving to Herodotus and Euripides, Davis considers the former’s portrayal of the two extremes of culture—one rooted in stability and tradition, the other in freedom and motion—and explores how they mark the limits of character. Davis then shows how _Helen_ and _Iphigeneia among the Taurians_ serve to provide dramatic examples of Herodotus’s extreme cultures and their consequences for the soul. The book returns to philosophy in the final part, plumbing several Platonic dialogues—the _Republic_, _Cleitophon_, _Hipparchus_, _Phaedrus_, _Euthyphro_, and _Symposium_—to understand the soul’s imperfection in relation to law, justice, tyranny, eros, the gods, and philosophy itself. Davis concludes with Plato’s presentation of the soul of Socrates as self-aware and nontragic, even if it is necessarily alienated and divided against itself. _The Soul of the Greeks_ thus begins with the imperfect soul as it is manifested in Achilles’ heroic, but tragic, longing and concludes with its nontragic and fuller philosophic expression in the soul of Socrates. But, far from being a historical survey, it is instead a brilliant meditation on what lies at the heart of being human. (shrink)

This book charts the development and character of the political forms that grew out of the age of Greek immigration into the Aegean, and establishes the forms which in the course of history were decisive. It also examines the impact which the various forms of state exerted on Greek civilization and in so doing strengthens the bridge between political history and the history of civilization. This volume encompasses many disciplines: political, social history, and religious history, law, administration and (...) geography. (shrink)

This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of (...) her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right. (shrink)