The authors of this article use systemic, comparative and historical methods to review the most representative legal systems – rench, English and German – and analyse how these legal systems deal with the effects of change in circumstances on the performance of a contract. The authors also discuss solutions adopted by scholar groups working on supranational contract law (soft law) instruments, namely, UNIDROIT Principles of International Commercial Contracts and Principles of European Contract Law, stressing that these sets of principles have (...) significantly affected Lithuanian contract law provisions on changed circumstances. The authors concisely evaluate the case law of the Supreme Court of Lithuania on the application of the provisions on change in circumstances and their effect on the performance of a contract. (shrink)

We report on an “anti-Gleason” phenomenon in classical mechanics: in contrast with the quantum case, the algebra of classical observables can carry a non-linear quasi-state, a monotone functional which is linear on all subspaces generated by Poisson-commuting functions. We present an example of such a quasi-state in the case when the phase space is the 2-sphere. This example lies in the intersection of two seemingly remote mathematical theories—symplectic topology and the theory of topological quasi-states. We use this quasi-state to estimate (...) the error of the simultaneous measurement of non-commuting Hamiltonians. (shrink)

The authors of this article apply systemic and comparative methods in order to discuss the key criteria of hardship as a legal institute, i.e. a fundamental alteration of the contractual equilibrium. The authors focus on modern regulations, such as those established in the Principles of International Commercial Contracts and other international contract restatements. The UNIDROIT Principles and other legal instruments usually quite abstractly define the criterion of fundamental alteration; thus further input is necessary in order to reveal the more precise (...) requirements of hardship. The authors of this article provide such an input by conducting a comparative research of the most prominent legal doctrine and case law. (shrink)

The Responsible Self was H. Richard Niebuhr's most important work in Christian ethics. In it he probes the most fundamental character of the moral life and it stands today as a landmark contribution to the field. The Library of Theological Ethics series focuses on what it means to think theologically and ethically. It presents a selection of important and otherwise unavailable texts in easily accessible form. Volumes in this series will enable sustained dialogue with predecessors though reflection on classic works (...) in the field. (shrink)

The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called “free market environmentalism”, is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described FME advocates adopt a utilitarian, welfare-maximization approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic, human-induced climate change is likely (...) to contribute to environmental changes that violate traditional conceptions of property rights. Viewed globally, the actions of some countries—primarily industrialized nations—are likely to increase environmental harms suffered by other countries—less developed nations that have not made any significant contribution to climate change. It may well be that aggregate human welfare would be maximized in a warmer, wealthier world, or that the gains from climate change will offset environmental losses. Yet such claims, even if demonstrated, would not address the normative concern that the consequences of anthropogenic global warming would infringe upon the rights of people in less-developed nations. As a consequence, this paper calls for a rethinking of FME approaches to climate change policy. (shrink)

By the death, last summer, of Jack Robson, the world of utilitarian studies and a wider world of scholarship on both sides of the Atlantic lost one of their most distinguished figures. It would not be appropriate here, even if it were possible now, to attempt a full and measured assessment of his work. Writing only a few months after the news of his death, while the sense of loss is still so sharp for all his many friends, two things (...) are possible. Something can and should be said to acknowledge and celebrate Robson's achievement as a scholar; and to this can be added some personal recollections of one whose human qualities were as outstanding as his scholarship. (shrink)

The full range of Bentham's engagement with Blackstone's view of law is beyond the scope of a single article. Yet it is important to recognize at the outset, even in a more restricted enquiry into the matter, that the engagement, begun when Bentham, not quite sixteen years of age, started to attend Blackstone's Oxford lectures, was indeed a lifelong affair. Whatever Bentham had in mind when, at the age of eighty, in 1828, he began to write a work entitled ‘A (...) familar view of Blackstone: or say Blackstone familiarized’, the manuscripts at least suffice to prove that ‘Our Author’ was still in the forefront of his mind at that octogenarian but still indefatigably active stage of his career. Every aspect of Bentham's multifarious intellectual activity over the intervening decades had been touched in some measure by his response to Blackstone's ideas. It still seems true to say what was said a dozen years ago: It would be an exaggeration to say that Bentham elaborated his own conception of law by way of a constant and conscious dialectic with the views of Blackstone. But it would be an exaggeration for which the evidence would afford some excuse. (shrink)

In this paper H. S. Harris argues that it is misguided to suggest that Hegelrsquo;s philosophical project was a dialectical illusion generated by his historical situation and that he would never have believed that his vision was achievable if he had been faced with the world that we face today. Not only does Harris proclaim himself to be a Hegelian, he claims that Hegel would today also remain a Hegelian. He goes on to argue that despite the fragmentation of the (...) twentieth century and the apparent collapse of the vision articulated in the French Revolution, Hegelrsquo;s thinking continues to be relevant because although his philosophy is the lsquo;comprehension of onersquo;s timersquo;, Hegel also produces a philosophy that is out of time and somehow final.br /. (shrink)

Analytical study of the social theories of Muslim philosophers belonged to 9th to 18th centuries.

On the political and social views of Naṣīr al-Dīn Muḥammad ibn Muḥammad Ṭūsī, 1201-1274.

Mr. P. H. Ling's suggestion that the famous line θερουσιν θη χρσθ' μιλαι κακα stood at the beginning of a play of Euripides seems to me to lack anything like cogent proof. A gnomic verse of this sort—to take the characteristics of the line in the order given by Mr. Ling—may indeed begin a play, as in the fragment of the Stheneboia which he quotes; but it may also begin a speech, as Hec. 864; or come early in a speech, (...) cf. Heracl. 2; or alone in stichomythia, as Alc. 540; or late in a speech, as Med. 561; or at the end of one, as Supp. 510. In other words, there is no position which it may not have. As to its lack of ‘any particle or conjunction to connect it with what preceded or followed,’ how does Mr. Ling prove that it was not preceded by γιγνσκων τι, cf. Med. 560; or that the previous line did not end in γάρ, like Hec. 551, Supp. 361; or that this line is not the end of a longer sentence, like Alc. (shrink)

Philosopher Peter Sjöstedt-H’s Noumenautics traverses the mindscape of metaphysics, nihilism and psychedelic phenomenology. It navigates through subjects such as the sentience of cells, the constrictions of consciousness, the metaphysics of might, the magic of mushrooms, the narcotics of Nietzsche, and the neologism of neo-nihilism – the last of which may itself cause flashbacks. -/- Tracing the fall of western morality through Kant, Schopenhauer and Nietzsche, the book descends deeper still into a metaphysics further upheld by Henri Bergson and Alfred North (...) Whitehead. This collection of essays and notes provides a most idea-provoking, educational, and original piece of literature for the thoughtful lay-reader and specialist alike. -/- Contents: I. Philosophy and Psychedelic Phenomenology II. Myco-Metaphysics: a Philosopher on Magic Mushrooms III. Psychedelics and Empiricism IV. Bergson and Psychedelic Consciousness V. Vertexes of Sentience: Whitehead and Psychedelic Phenomenology VI. Antichrist Psychonaut: Nietzsche and Psychedelics VII. Neo-Nihilism: the Philosophy of Power VIII. The Teutonic Shift from Christian Morality: Kant – Schopenhauer – Nietzsche IX. Schopenhauer and the Mind X. The Will to Power. (shrink)

There is a well-worn image and phrase for libertarianism: "atomized individualism." This hobgoblin has spread so thoroughly that even some libertarians think their philosophy unreservedly supports private persons, whatever the situation, whatever their behavior. Smith's Self-Interest and Social Order in Classical Liberalism, corrects this misrepresentation with careful intellectual surveys of Hume, Smith, Hobbes, Butler, Mandeville, and Hutcheson and their respective contributions to political philosophy.