Contents: LEGAL THEORY 1. Reflections on law in context / William Twining -- 2. Are omissions less culpable? / Tony Honore -- 3. Scandinavian legal realism in the law of contract / Jan Hellner -- 4. Statutes and contracts as founts of formal reasoning / Robert S. Summers -- 5. Conceptions of public policy / John Bell LEGAL HISTORY 6. Aftermath / Paul D. Carrington -- 7. The role of the judiciary: lessons from the end of empire / Robert Stevens (...) -- 8. The Origins of futures trading in the Liverpool Cotton Market COMMON LAW 9.payment undertakings / Roy Goode -- 10. Pre-contractual duties of disclosure / S.M. Waddams -- 11. Three problems with the new product liability / Jane Stapleton -- 12. Evaluating the goals of personal injury law: some empirical evidence / Donald Harris -- 13. Negligence and economic loss / John Dwyer -- 14. Libel and constitutional free speech / John Fleming -- 15. The basis of tortious liability / Peter Cane. (shrink)

This article is about ‘role responsibility’ as understood by H. L. A. Hart in his taxonomy of responsibility concepts in his book, Punishment and Responsibility. More particularly, it focuses on what I call ‘public, institutional role responsibility’. The main arguments are that such role responsibility is based on authority and power rather than physical and mental capacity; and the foundation of role responsibility in authority has significant implications for what Hart referred to as ‘liability–responsibility’, which I unpack in terms of (...) ‘attribution’, ‘accountability’ and ‘liability’. The article addresses possible objections to the authority-based analysis of role responsibility based on the concept of ‘moral’ responsibility, and on understandings of what types of question are ‘philosophical.’. (shrink)

This volume in the prestigious series of Oxford Handbooks provides a widely accessible overview of legal scholarship at the start of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada and Germany, it offers original and interpretative accounts of the nature, themes and trends of research and writing about all areas of the law.

This article explores the relevance of disagreement about values and about the functions and effects of law to debates concerning the appropriate relationship between courts and legislatures, common law and statute. Recent developments in tort law provide a context for the discussion. The argument is that in general, political processes of law-making should be preferred judicial processes.

The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the so-called (...) “harm principle,” a sharp delineation of the realms of law and morality, and a static conception of the relationship between them. This article explores the limitations imposed by these various starting-points and argues for a holistic and symbiotic understanding of the relationship between law and morality. (shrink)

This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between H.L.A. Hart and Lon L. Fuller.

This article adopts what Frederick Schauer calls a ‘non-essentialist’ approach to understanding the nature of law, which can be contrasted with the widely practised method of ‘conceptual analysis’. Instead of seeking a set of necessary conditions for the existence of law in all possible worlds, non-essentialism reflects upon pervasive features of actual legal systems. The article focuses on constitutional and administrative law and contrasts modern standard accounts of public law with HLA Hart’s highly influential threefold list of ‘necessary’ types of (...) public ‘secondary rules’: rules of recognition, change and adjudication. The argument is that non-essentialist methodology not only yields a rich descriptive account of certain fundamental characteristics of modern legal systems but also provides theoretically significant insights into how law is conceived in many contemporary societies. Because the resulting account is firmly rooted in actual social and legal practices, it provides a more fine-grained and less abstract theory of those practices than is offered by Hart’s approach, based as it is on hypothetical stories about how law ‘might have developed’. (shrink)

Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law (...) as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously. (shrink)

The art, craft, and science of policing -- Crime and criminals -- Criminal process and prosecution -- The crime-preventive impact of penal sanctions -- Contracts and corporations -- Financial markets -- Consumer protection -- Bankruptcy and insolvency -- Regulating the professions -- Personal injury litigation -- Claiming behavior as legal mobilization -- Families -- Labor and employment laws -- Housing and property -- Human rights instruments -- Constitutions -- Social security and social welfare -- Occupational safety and health -- Environmental (...) regulation -- Administrative justice -- Access to civil justice -- Judicial recruitment, training, and careers -- Trial courts and adjudication -- Appellate courts -- Dispute resolution -- Lay decision-makers in the legal process -- Evidence law -- Civil procedure and courts -- Collective actions -- Law and courts on development and democratization -- How does international law work? -- Lawyers and other legal service providers -- Legal pluralism -- Public images and understandings of courts -- Legal education and the legal academy -- The (nearly) forgotten early empirical legal research -- Quantitative approaches to empirical legal research -- Qualitative approaches to empirical legal research -- The need for multi-method approaches in empirical legal research -- Legal theory and empirical research -- Empirical legal research and policy-making -- The place of empirical legal research in the law school curriculum -- Empirical legal training in the US academy. (shrink)

For any reader needing a concise explanation of a subject in law The New Oxford Companion to Law is the ideal reference work. Providing greater depth than legal dictionaries but always accessible to the non-expert, entries in the Companion cover all areas of law and legal systems and are extensively cross-referenced for ease of navigation.

The Introduction starts by discussing the history of Empirical Legal Studies. It explains how the editors came about compiling this book. It talks about interest in empirical legal research and how it is not confimed to the United States, the UK or common law countries. Australia, Canada, the Netherlands, Belgium, Germany, Spain, Israel, Russia, and Japan are mentioned. This book aims to provide succinct discussions and analyses of debates, controversies, methods, and trends in scholarship that are original and searching but (...) also easily accessible. The Introduction goes on to explain the perspective taken and coverage given in this book. (shrink)

In ethical terms, intention is widely felt to be the strongest basis for the attribution of personal responsibility for conduct and outcomes. By contrast, in tort law intention is a much less important ground of liability than negligence. This article analyses the meaning of intention in tort law and its relationship to other concepts such as voluntariness, recklessness, motive, and belief. It also discusses difficulties associated with proving intention and other mental states, and the idea of a general principle of (...) tort liability for intention. The key to explaining the relatively minor role of mens rea in tort law is found to lie in the emphasis tort law gives to the interests of victims, and to social values, in constructing its concept of responsibility. This approach also helps to explain the greater importance of mens rea in criminal law. (shrink)

Peter Cane has written an impressively wide-ranging and illuminating book on the complex notion of responsibility in our legal and moral practices. Although he focuses primarily on a multitude of legal doctrines in the common-law systems of the English-speaking world, he continually makes clear how his discussions bear on the moral judgments involved in holding people accountable for their actions and decisions. Moral philosophers will profit from this volume nearly as much as legal philosophers. Best known hitherto as (...) a theorist of tort law and public law, Cane here deals at length with several other areas of law as well. He does so, moreover, without losing sight of the deeper connections between the legal doctrines and many basic problems of human agency and identity. Although the volume occasionally reads slightly like a textbook on tort law or criminal law, most of its discussions shed valuable light on the similarities and dissimilarities between fundamental legal and moral concepts. (shrink)

In this remarkably clear and original study of the Tractatus Peter Carruthers has two principal aims. He seeks to make sense of Wittgenstein's metaphysical doctrines, showing how powerful arguments may be deployed in their support. He also aims to locate the crux of the conflict between Wittgenstein's early and late philosophies. This is shown to arise from his earlier commitment to the objectivity of logic and logical relations, which is the true target of attack of his later discussion of (...) rule-following. Within this general framework Dr Carruthers explores a number of themes, including the early Wittgenstein's doctrine of the priority of logic over metaphysics, the nature and purpose of his programme of analysis for ordinary language and the various possible arguments supporting the existence of Simples. He offers many original interpretations and defends them with considerable attention to textual detail, yet the book's clarity and directness will make it accessible to anyone acquainted with the Tractatus. It will be required reading for all serious students of Wittgenstein's philosophy. (shrink)

1 Responsibility and self-control................................. 1 Michael Smith 2 The capacity to have done otherwise: an agent-centred view 21 Philip Pettit 3 Private law and private narratives.............................. 37 Arthur Ripstein 4 Honoré on responsibility for outcomes........................ 61 Stephen R. Perry 5 Responsibility and fault: a relational and functional approach to responsibility 81 Peter Cane 6 Obligations and outcomes in the law of torts............... 111 John Gardner 7 Unpacking “causation‘....................................... 145 Jane Stapleton 8 Private law: between visionaries and bricoleurs............... 187 (...) William Lucy 9 Appreciations and responses................................. 219 Tony Honoré Index................................................... 241. (shrink)

Throughout the history of the Western world, science has possessed an extraordinary amount of authority and prestige. And while its pedestal has been jostled by numerous evolutions and revolutions, science has always managed to maintain its stronghold as the knowing enterprise that explains how the natural world works: we treat such legendary scientists as Galileo, Newton, Darwin, and Einstein with admiration and reverence because they offer profound and sustaining insight into the meaning of the universe. In The Intelligibility of Nature (...) , Peter Dear considers how science as such has evolved and how it has marshaled itself to make sense of the world. His intellectual journey begins with a crucial observation: that the enterprise of science is, and has been, directed toward two distinct but frequently conflated ends—doing and knowing. The ancient Greeks developed this distinction of value between craft on the one hand and understanding on the other, and according to Dear, that distinction has survived to shape attitudes toward science ever since. Teasing out this tension between doing and knowing during key episodes in the history of science—mechanical philosophy and Newtonian gravitation, elective affinities and the chemical revolution, enlightened natural history and taxonomy, evolutionary biology, the dynamical theory of electromagnetism, and quantum theory—Dear reveals how the two principles became formalized into a single enterprise, science, that would be carried out by a new kind of person, the scientist. Finely nuanced and elegantly conceived, The Intelligibility of Nature will be essential reading for aficionados and historians of science alike. (shrink)

This book, with its attention to literature and the visual arts as well as traditional non-fiction sources, provides a distinctive, wide-ranging exploration of utopia and education. Utopia is examined not as a model of social perfection but as an active, ongoing, imaginative educational process — the building of better worlds.

Stimulating introduction to the most central and interesting issues in the philosophy of mind. Topics covered include dualism versus the various forms of materialism, personal identity and survival, and the problem of other minds.

According to certain models of the musical work-performance relationship, musical works persist through time. Dodd and Thomasson argue that perdurantist accounts of musical persistence—according to which musical works persist by having temporal parts at every time they exist—are untenable, and Tillman argues that musical endurantism—according to which persisting works are wholly present at each time they exist—avoids Dodd’s worries. In this paper, I argue that both Dodd’s and Thomasson’s arguments—and Tillman’s response—rely on assumptions linking theories of persistence to common-sense views (...) about musical works and, moreover, that these assumptions are unwarranted. As a result, only an attitude of neutrality towards questions about the nature of musical persistence is warranted. (shrink)

Shows that the dialogue in Plato's Phaedo is primarily devoted to presenting Socrates' final defense of the philosophical life against the theoretical and political challenge of religion.

According to Bob Solomon, love is a human emotion, with a complex intentional structure, having its own kind of reasons. I will examine this account, which, in certain respects, tends to mask the deep and important differences between love and other emotions.

I criticize some arguments against the causal interpretability of population genetics put forward by Denis Walsh ([2007], [2010]). In particular, I seek to undermine the contention that population genetics exhibits frame of reference relativity or subjectivity with respect to its formal representations. I also show that classical population genetics does not fall foul of some criteria for causal representation put forward by James Woodward ([2003]), although those criteria do undermine some causalist stances. 1 Introduction2 Modularity3 The Crucially Important Point4 The (...) Gillespie Case: Density-Dependent Selection5 Conclusion. (shrink)