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

This book demonstrates that law can be newly interrogated when examined through the lens of literature. Like its forerunner, Empty Justice, the book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine, through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary (...) which reflects upon very recent scholarship and debate on a range of ethico-legal topics; it also illustrates how conventional legal matters may be rendered lively and palatable, as an adjunct to approaching doctrine and cases 'cold' in the conventional textbook manner. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. (shrink)

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of 'code and law' and the (...) other develops from the domain of 'law and literature'. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice. (shrink)

The great critic Peter Viereck, in a volume that both reproduces an earlier effort and presents an entirely new work on the intersection of history and literature, offers a biting critique of the American desire for normalcy that leads to a culture of the surrender of personality. In contrast to this voluntary thought control process is the unadjusted person. Cast in the mold of great individualists from Thomas More to Friedrich Nietzsche, such a person responds to fundamental values (...) of conscience rather than conformity built exclusively on ego gratification and icon worship. Viereck's book is a stinging critique of the liberal presumption of a monopoly in critical thought. He argues to the contrary, that most varieties of liberal expression offer little else than the common platitude dressed up as critique. In such a cultural environment, conservatism is the skeleton in the liberal closet. The virtue of conservatism is that in its very stress on liberty as dependent on tradition and law, it permits the human being an opportunity to test all transient things by the touchstone of all lasting ideas. Unadjusted Man cuts deep and in many directions: against left totalitarian regimes of Europe and right wannabes like McCarthyism in America. For Viereck, the art of conserving is not an embrace of utopias to come or empires that were, but retaining the sense of individuality over against the senselessness of the "massman." Civil liberties in this approach are a right to non-conspiratorial dissent informed by fundamental values. The new material is presented unabashedly--without an attempt to rewrite personal history, and with an admission that not every prediction made in the original edition has come to fruition. That said, the underlying themes of the original are not so much repeated as expanded upon. For those seeking a work in the classic mold of conservatism, rather than the strident reactionary views that have come to dominate much of the conservative dialogue, this will be a special book, a special entrance to the mind of a great figure in American culture wars of present as well as past. (shrink)

During the last quarter of the twentieth century, the humanities and social sciences have turned toward history, something that culminated in the 1990s, and this phenomenon was evident in law as well. However, until recently, law and economics, the most influential post-World War II jurisprudential movement, was a-historical in its methodology and research agenda. The first objective of this article is to call attention to this neglected characteristic of law and economics and to explain its causes by analyzing its (...) intellectual origins, its methodological causes, and the nature of its interaction with other sub-fields of law and of economics. The second objective of the article is to identify a change-in-the-making and its characteristics. Law and economics scholars have turned to history more often and for new purposes in recent years. The article identifies the set of factors that brought about this turn to history. These factors include: a growing willingness to conduct empirical research; the integration of public choice analysis into mainstream law and economics; preliminary comparative law and economics studies; a growing interaction between law and economics and new institutional economics; and the importation of the concept of path dependency and of greater awareness of past burdens from other quarters of economic theory. Finally, the article examines the concrete ways in which these developments are being realized, by pointing out the various uses of history evident in specific law and economics studies conducted in recent years. It suggests a classification of this growing literature into six distinct uses of history, four of them emerging only in recent years. The general aim of this article is to enhance awareness among law and economics scholars of the actual and potential uses of history. The article further seeks to connect law-and-economics historical studies to other relevant historical works so that the law and economics inquiry will not be conducted in a disciplinary vacuum. It thus calls to the attention of legal historians and economic historians the new literature published in the field of law and economics. Finally it is also directed at scholars interested in the intellectual history of jurisprudence and in the methodological turn to history in the social sciences. (shrink)

In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have no (...) legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world. (shrink)

This book explores the various connections between Law and Opera, providing a comprehensive, multinational, and multidisciplinary resource on the subject. Further, it makes a valuable contribution to studies on law and the humanities. While, for example, the relationship between law and literature has been extensively researched, the relationship between Law and Opera remains largely overlooked. The book approaches the topic from three perspectives in three main sections: Law in Opera, Law on Opera, and Law around Opera.

The separation of church and state disguised the coordination of two very different conceptions of liberty at work in Revolutionary America, one with a religious basis in radical Protestant thought and the other with a legal basis in the secular Enlightenment. The essay combines the disciplines of law, literature, and intellectual history to investigate these contrasting formulations and their changing relationship. Cross-cultural analysis of the language of protest in both England and America gives the investigation a crucial focus. (...) It also explains a larger movement from direct influence to refraction in Anglo-American relations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Don Quijote and the Law of LiteratureCarl Good (bio)The part is one of these beings, the whole minus this part the other. But the whole minus a part is not the whole and as long as this relationship persists, there is no whole, only two unequal parts.—Rousseau, Social Contract, cited by Paul de Man in Allegories of ReadingBut it is not just that, because it is also a performative.... (...) There is first a performative, the act of positing..., which then moves to a system of tropes; a kind of anamorphosis of tropes takes place, in which all the tropological systems are engendered, as a result of this original act of positing.... It is circulation which is out of hand,... the sheer circulation or play of the signifier, and which is, as you know, the root of error, madness, stupidity and all other evil.—Paul de Man, “The Concept of Irony”Amid a confusion of narrative inversions, misleading appearances, and unresolvable disputes, at least two things are consistent in Don Quijote de la Mancha: first, the knight’s singular fidelity to what I will refer to as a law of literature, which persists like a phantasm of continuity throughout the larger narrative; and, second, the many interruptions of this narrative by the stories, or episodes, recounted by the characters who cross don Quijote’s path (including the knight himself), in the form of speeches, testimonies, plays, jokes, poems, and so on. In at least one strict sense, these other stories have nothing to do with that path other than their interruptions of it and by it. Such a claim has its own strategic value and does not entirely contradict the reasonings of a long history of critics of the Quijote who have tended to argue from a variety of different standpoints for some kind of ideological cohesion that would bind the smaller episodes to the larger story that they interpolate. But at a certain ground zero of interpretation—albeit a paradoxical ground that prohibits a scholarly shelter to be built on it—no argument would be sufficient to establish such a coherence among the work’s separate narrative parts, since such an argument would live in the brief, oneiric intensity of the critic’s testimony and that testimony’s potential effects rather than in the composition of the work itself somewhere beyond its apprehension by reading. Nonetheless, out of the dismembered ensemble of the Quijote what does perhaps effect its own strange kind of life is the very play of ironic interruptions and frictions between the dismembered parts, the profusion of which seems to impose itself as the work’s own aggressive insistence on itself as something which makes sense possible by constantly provoking and unsettling sense. That is where we could begin to speak of don Quijote himself, not only as the phantasmatic agent of this unsettling but also as the mad promise of justice that could be said to motivate it.The play of interruptions in don Quijote’s own story begins to outline the shifting contours and living contradictions of this novel as a “text” in the sense in which Derrida [End Page 44] and others have used the term: that which “names or relates in its way... [a] conflict without encounter between law and singularity” [“Before the Law” 187]. Although the story of this “encounter” has been often recounted, it bears another citation here, at least because it seems to be forgotten more often than it is told. Even when it is told, the story is often muted in homage to the name of Derrida by writers who tacitly assume that Derrida’s is the only possible version of this “conflict without encounter.” That version would be better described as merely one particular ethical shaping or forcing—a powerful one—of a story that has been told, and remains untold, in uncountable ways. Nonetheless, such a democratic assessment of Derrida does not quite justify a dismissal of his version as merely one among others, since, for one thing, it would be unable to account for the astonishing hold that different versions of Derridean “deconstruction” continue to have on the imagination of North American... (shrink)

In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law combining the insights of Marxism, socialist feminism and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law including new, feminist, realist and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure and process of international law. The book also considers crucial world order issues and problems (...) that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics and global studies. (shrink)

Peirce's Law of Triviality: The Implementation of the Trivium of Logic, Rhetoric and Grammar. Basic Categories for Linguistics and Literature Studies from a Universal Semiotic Theory This article focuses on the aspects that refer to linguistics in the works of Charles S. Peirce. His pragmatic philosophy implemented many other sciences and among them is the traditional trivium of logic, grammar, and rhetoric, which Peirce divided into different kinds of logic, grammar, and rhetoric. While the impact of the work of (...) Peirce on theses sciences is weak, the integration of the sciences in his philosophy is interesting as a step in the history of science and his work is an example for ecclecticism and historism of science in the 19th century and the universalism of science deducted from a philosophy that uses the sign as an unitarian principle. Triple constructions are a very common feature in the writings of Peirce, and the trivium is an example of an academic construction Peirce implemented. (shrink)

How can tort law be justified? There are well-known difficulties with the three traditional theories of tort law dominating the literature (namely, economic theory, corrective justice theory, and civil recourse theory). Recently, some have turned to moral contractualism in search of tort law’s foundation. One of the most prominent attempts was made by Gregory Keating. Keating’s account, however, has been subjected to powerful objections. In a recent paper, John Oberdiek, through a sympathetic critique of Keating’s account, develops a new (...) version of contractualist tort theory that is alleged to be at once superior to the three traditional theories of tort law and immune to the objections to Keating’s account. The aim of my paper is to critically assess Oberdiek’s account; I will argue that, while Oberdiek’s account does improve upon Keating’s in some important respects, it is ultimately unsatisfactory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Chaos and LiteratureCarl Matheson and Evan KirchhoffIChaos theory was the intellectual darling of pop-science writers of the late 1980s. 1 In their eyes, it would provide a new paradigm by which to describe the world, one that liberated scientists from clockwork determinism—or, alternatively, from incomprehensible randomness. In an introductory textbook of the period, Robert Devaney called chaos theory “the third great scientific revolution of the 20th century, along with (...) relativity and quantum mechanics.” Similar attitudes propagated into philosophy; for example, Stephen Kellert argued that an acceptance of chaos theory would involve a reconfiguration of scientific methodology. 2It was in the domain of literary theory, however, that chaos found its most enthusiastic reception in the humanities, and the enthusiasm lives on. Many literary theorists display no hesitation in touting the supposedly revolutionary implications of chaos science. Katherine Hayles, the chief among them, argues that because the concept of order has undergone a “radical reevaluation” in recent decades, “textuality is conceived in new ways within critical theory and literature, and new kinds of phenomena are coming to the fore within an emerging field known as the science of chaos” (CO, p. 1). She infers that the new “paradigm of orderly disorder” (CB, p. xiii) represented by chaos theory signifies a conceptual revolution in modern culture as a whole. 3 She attempts to establish a parallel between chaos theory and various poststructuralist philosophical positions, including those of Derrida and Foucault, claiming that this new paradigm “may well prove to be as important to the second half of the century as the field concept was to [End Page 28] the first half” (CB, p. xiii), and that chaos may soon be “on a par with evolution, relativity, and quantum mechanics in its impact on the culture” (CO, p. 4). Other theorists make claims for the interpretive power of chaos; according to William Demastes, “chaos theory can help in comprehending several paths that the theatre has followed since the inception of postmodernism” (p. 242). 4 By a conservative estimate, over fifty papers have been published which link chaos theory to literature or literary theory. Clearly, the idea that chaos theory has application outside of science is not restricted to one or two over-eager humanists.In this essay, we wish to address some of the claims which concern the relationship between chaos science and the study of literature. Three such claims are:a. There are significant similarities between the science of chaos, contemporary literary theory, and/or philosophy.b. We can trace a common etiology for chaos theory and poststructuralist criticism. The two are so intimately related that they are really different formulations of a common claim, as filtered through two different fields.c. The science of chaos can help us interpret and understand specific literary works, and perhaps contemporary literature in general.However, before assessing the relationship between chaos and literature, we will briefly introduce chaos theory itself and demonstrate that even a minimal understanding is sufficient to undercut the supposed revolutionary significance of chaos theory. 5IIChaotic systems are deterministic: an exact description of a system at any given time, together with the laws of nature that apply to it, will entail the entire future behavior of the system. In this sense, chaotic systems form a subclass of classical systems (and are to be distinguished from quantum systems, which are indeterministic). However, chaotic systems differ from the systems studied throughout most of the history of science in two major ways. First, the differential equations used to model them are nonlinear, while the history of mathematical physics is largely devoted to a treatment of linear differential equations. Technical issues aside, the ramifications of nonlinearity are: (i) equations which are impossible to solve using the general strategies designed for [End Page 29] linear equations; and consequently (ii) the need for solutions by methods of numerical approximation, generally performed on a computer. Second, chaotic systems exhibit a feature known as “sensitive dependence”—or, more colorfully, as “the butterfly effect,” a figure of speech intended to evoke the worry that our long-term forecasts of the weather can be hopelessly disrupted by the atmospheric fluctuations due to a single butterfly... (shrink)

Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. The book's eighteen authors examine the ambiguities of justice in Europe, Africa, Latin America, Asia, the Middle East, and Melanesia through critical empirical and historical chapters. The (...) introduction makes an important contribution to our understanding of the multiplicity of justice in the twenty-first century by providing an interdisciplinary theoretical framework that synthesizes the book's chapters with leading-edge literatures on human rights, legal pluralism, and international law. (shrink)

Hindu Law is the first comprehensive study of the Sanskrit-language literatures on dharma since the publication of P. V. Kane’s five-volume History of Dharmaśāstra. The present essay offers a detailed review of this significant new work’s contents and its contributions to the study of the Dharmaśāstras. Particular attention is paid to the various places where Hindu Law revises the historical record or furnishes new insight into religious and other practices, symbols, and social institutions defined by dharmaśāstric works. This essay (...) concludes with a suggestion for future research, which is made possible in no small part by the contributions of the volume here under review. (shrink)

At a time when bioethical issues are at the top of public and political agendas, there is a renewed interest in representations of the embryo in various religious traditions. One of the major traditions that have contributed to Western representations of the embryo is the Jewish tradition. This tradition poses some difficulties that may deter scholars, but also presents some invaluable advantages. These derive from two components, the search for limits and narrativity, both of which are directly connected with the (...) manner in which Jewish tradition was constructed in Antiquity. The article accomplishes three goals: • To introduce some central elements in ancient Rabbinic literature on the subject of the embryo and its representation; • To present this body of literature as clearly as possible, noting some of the difficulties encountered by scholars who engage in its study; • To explain how the literature’s textuality came about, examining the particular sociopolitical circumstances of Judaism at that time, including the reasons for the delay in the production of scientific texts, transmitted as such, as compared to other philosophical or religious traditions. The claim is that these circumstances engendered a tradition peculiarly relevant for the study and teaching of medical ethics today. (shrink)

This book seeks to develop a novel approach to literature beyond the conventional divide between realism/formalism and history/aestheticism.

This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer's psychology and seller's drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) (...) its main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole. (shrink)

Hobbes conception of reason as computation or reckoning is significantly different in Part I of De Corpore from what I take to be the later treatment in Leviathan. In the late actual computation with words starts with making an affirmation, framing a proposition. Reckoning then has to do with the consequences of propositions, or how they connect the facts, states of affairs or actions which they refer tor account. Starting from this it can be made clear how Hobbes understood the (...) crucial application of this conception to natural law, identified as 'right reason'. (shrink)

"This work deals wth three main topics: a. Maimonidean studies, b. aspects of medieval rabbinic literature, and c. intellectual history of the Jews in southern France (Provence) during the Middle Ages."--Back cover.

This paper analyzes how, during the Juncker Presidency, the European Commission employed argumentative strategies to address the question of member-states’ compliance with European Union law. There is a literature gap regarding how European leaders employ argumentative strategies to coax member-states to comply with EU legislation and how those strategies can be associated with multilevel governance designs and problem-solving approaches. Building on van Eemeren and Grootendorst’s pragma-dialectical approach to argumentation, the paper explores what dialectical and rhetorical strategies were employed by (...) the Juncker European Commission to build an argumentative regime where the question of compliance with European Union law is articulated with the representation of the European Union as an efficient multilevel governance system. Starting from the distinction between procedural and operational concepts of problem-solving in multilevel governance polities, the paper questions whether the Juncker Commission’s arguments on the need to ensure European Union law compliance favor a particular conception of problem-solving in multilevel governance systems. The paper argues that the argumentative strategies employed by the Juncker European Commission in the field of compliance reveal a preference for an operational notion of problem-solving combined with some aspects of a more procedural perspective of problem-solving in multilevel governance polities. The background of this paper is associated with the growing impact that European legislation has on member-states and also with the efforts developed by the Juncker European Commission in discussing how to improve EU regulation to increase compliance with EU law. (shrink)

The Circumcision Controversy in Classical Reform in Historical Context Judith Bleich Toward the close of the nineteenth century, a gathering of rabbinic ...

Inspired by Nietzsche’s insistence that we exploit actual history and Foucault’s extrapolation of Nietzsche’s project, my explication of the logic of originary withdrawal is centered around an analysis of an historical account of origin; here, we turn to the image of the original lawgiver, as depicted in the Iroquois foundation narrative, the narrative that serves to constitute their political community. This analysis helps to cultivate an alternative understanding of political necessity by starting with the traces of a material discourse (...) from the past and, more important, about the past rather than starting with theory. (shrink)

However diverse and even conflicting definitions of world literature may be, there is a consensus in previous scholarship about circulation as a key defining feature. Being circulation modeled and (in)validated by a corpus of statutes, rules, and regulations, the absence of a law-oriented approach to world literature appears completely contradictory. This essay is a first step toward a more sustained treatment of world literature and law. Here I claim that in the late 1830s the history of (...) world literature as mastered by the West started to change as a consequence of the first two international copyright laws in the world––the Prussian Statute of 11 June 1837 and the British Act of 31 July 1838. The Prussian law is discussed in relation to the evolution of the Collection of British Authors of the German firm Tauchnitz between 1841 and 1847 by paying special attention to the case of American writers. The British law, in turn, is discussed in relation to French piracies of works printed in the UK by focusing on Frances Trollope’s Domestic Manners of the Americans (1832). Both laws sowed the seeds of the 1886 Berne Convention, whereby a vast transcontinental geography with a population of over five hundred million people was created for the legal circulation of literary works. (shrink)

It is widely acknowledged that human rights law and international criminal law share core normative features. Yet, the literature has not yet reconstructed this underlying basis in a systematic way. In this contribution, I lay down the basis of such an account. I first identify a similar tension between a “moral” and a “political” approach to the normative foundations of those norms and to the legitimate role of international courts and tribunals adjudicating those norms. With a view to bring (...) the debate forward, I then turn to the practices of HRL and international criminal law to examine which of those approaches best illuminates some salient aspects of the adjudication of ICs. Finally, I argue that the political approach best explains the practice. While each preserves a distinct role, HRL and ICL both establish the basic conditions for the primary subject of international law, namely the state, to legitimately govern its own subjects constructed as free and equal moral agents. (shrink)

1. The fact that Brazil, land of parrots and coffee, is also, by antonomasia, that of cannibals, is a commonplace that we find in the writings of foreigners and natives from the early years of the conquest up until our era of advanced civilization, at the level of anthropological reality (we should like to say anthropophagic) and at that of metaphor. As though, forgetful of the general accusation of anthropophagy launched by the first explorers against the various indigenous peoples of (...) America, beginning with the Caribs/Cannibals of Columbus, the colonizing and evangelizing Old World wanted to transfer to Vera Cruz and its inhabitants the exclusive rights to these “savage customs of a people without justice and law” that the first Western ethnographer, Herodotus, had attributed, in the Eurasia of his time, to the peoples of the Far North, at the other side of the extensive desert lying beyond the land of the Scythians—those who were called the Androphagi. And as if, of all the peoples and communities accused, in various latitudes and epochs of history, of having anthropophagic practices, the Brazilians were the only ones to not just defend themselves against the infamous accusation but to flaunt it as a symbol of their autonomy and originality when confronted with the menace of religious and cultural colonization. (shrink)

In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she turns to (...) literature, which, in its linguistic density, transposes the clean abstractions of law and philosophy into persistent shadows, the abiding presence of the incommensurate. Justice can only be a partial answer to the phenomenon of human conflict. In arguing for justice as an _incomplete_ virtue, Dimock draws upon legal history, political philosophy, linguistics, theology, and feminist theory; she discusses Aristotle and Augustine, Locke and Luther, Marx and Durkheim, Michael Sandel and Carol Gilligan, Noam Chomsky and Mary Ann Glendon. She also examines an unusual configuration of nineteenth-century American authors, pairing figures such as Herman Melville and Rebecca Harding Davis, Walt Whitman and Susan Warner. The result is a book both passionate and scholarly. It invites us to rethink the meanings of literature, law, and philosophy, and to imagine a language of community more supple and more nuanced than the language of justice. (shrink)

This chapter contains sections titled: The Varieties of Law and Literature Law and Fiction Hermeneutics Law as Narrative References.

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights (...) within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field. (shrink)

What did it mean to keep a secret in early medieval England? It was a period during which the experience of secrecy was intensely bound to the belief that God knew all human secrets, yet the secrets of God remained unknowable to human beings. In Bonds of Secrecy, Benjamin A. Saltzman argues that this double-edged conception of secrecy and divinity profoundly affected the way believers acted and thought as subjects under the law, as the devout within monasteries, and as readers (...) before books. One crucial way it did so was by forming an ethical relationship between the self and the world that was fundamentally different from its modern reflex. Whereas today the bearers of secrets might be judged for the consequences of their reticence or disclosure, Saltzman observes, in the early Middle Ages a person attempting to conceal a secret was judged for believing he or she could conceal it from God. In other words, to attempt to hide from God was to become ensnared in a serious sin, but to hide from the world while deliberately and humbly submitting to God's constant observation was often a hallmark of spiritual virtue. Looking to law codes and religious architecture, hagiographies and riddles, Bonds of Secrecy shows how legal and monastic institutions harnessed the pervasive and complex belief in God's omniscience to produce an intense culture of scrutiny and a radical ethics of secrecy founded on the individual's belief that nothing could be hidden from God. According to Saltzman, this ethics of secrecy not only informed early medieval notions of mental activity and ideas about the mind but also profoundly shaped the practices of literary interpretation in ways that can inform our own contemporary approaches to reading texts from the past. (shrink)

The ArgumentCell lines and other human-derived biological materials have since 1980 become valuable forms of patentable matter. This paper revisits the much-critiqued legal caseMoore v. Regents of the University of Cahfornia, in which John Moore claimed property rights in a patented cell line made from his spleen. Most work to date has critiqued the text of the decision and left the relevant scientific and technical literature unexamined. By mapping out the construction of discontinuity and continuity between human body and (...) cell line in this literature, this paper provides a novel critique of the Moore case regarding the source and mobilization of scientific information in the decision. At the same time, the elisions of the case are used to move to a larger set of questions. Comparative material from the history of the first widely used cell line, HeLa, and a discussion of the relation of the scientific and economic value of cell lines, are aimed at analysis of how new objects such as patented human cell lines come into existence through science and law, and what kinds of definitions and practices make them valued objects of contention in the first place. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:History of Philosophy and History of Ideas PAUL OSKAR KRISTELLER THE TF.~MS "history of philosophy" and "history of ideas" are frequently associated in current public and professional discussions, and many statements seem to suggest that the two terms are more or less synonymous, or that the former term, being old-fashioned, might well be replaced with the latter which for many ears appears to have a (...) more fashionable and glamorous ring. Hence there arises the question what each of these terms really means, or what it should mean, and whether and to what extent it is justifiable to identify them with each other, to reduce the history of philosophy to the history of ideas, or to treat the former as a part or subdivision of the latter. I am not convinced that these questions can be answered through an appeal to ordinary usage since this usage is fluid and reflects at best the intellectual formulations and decisions of a remote or recent past. We may have reason to question the very validity of these decisions, and perhaps to suggest or make different decisions, and in case we are successful and obtain a reasonable amount of approval, these different decisions will be reflected in the ordinary usage of tomorrow, though not yet in that of today. The attempt to discuss the meaning and relationship of the history of philosophy and the history of ideas is obviously difficult and hazardous. It involves not only the discussion of such complicated notions as history and philosophy (and idea), but also the shifting balance of the intellectual globe that includes the continents or territories denoted by those terms, and even of the academic globe that purports to be, with varying success, its faithful image. In a short paper, I cannot hope to present an original or adequate discussion of these difficult problems, but merely try to raise a few questions which to my knowledge have not received sufficient attention and may be of interest to philosophers and historians. The history of philosophy has been of recurrent interest to philosophers and other scholars, especially in classical antiquity and again in the Renaissance period. It came to occupy a central place in European thought during the last century, especially in the wake of German idealism. Hegel recognized "history" as a major area of reality and of philosophical concern, as Vico and Herder had done before him, and thus left a living heritage not only to his followers down to Croce and Gentile, but also to Marx and his [1] 2 HISTORY OF PHILOSOPHY disciples, and to many other thinkers who cannot be called Hegelians. Hegel also did not conceive political history in isolation, but in his phenomenology and philosophy of the spirit came close to a concept of culture or civilization in which political and social institutions, religion and the arts, the sciences and philosophy are interrelated as manifestations of the same spirit and subject to the same "dialectical" laws of historical development. The vast progress which the historical disciplines made during the nineteenth and early twentieth centuries, not only in the field of political and economic history but in the history of languages and literatures, of the arts and religions, and of civilization in general was not influenced by Hegel's theories, but rather opposed to them. Yet this vast body of knowledge and of learning imposed itself as an epistemological problem to such thinkers as Dilthey, Rickert, and Cassirer. Finally, Hegel considered philosophical thought itself as dialectical, that is, in a certain sense as historical, and thus foreshadowed not only Mannheim's sociology of knowledge, or Croce's claim that philosophy and history are identical, but also Heidegger's conception of historicity as a basic aspect or dimension of human thought and being. Within such a framework, the history of philosophy occupies a significant and even a central position for the philosopher since it elucidates the basic stages through which philosophical thinking passed before it reached its present situation. Any attempt to grasp or answer our present philosophical prob- ]ems thus presupposes at least a general understanding of the historical developments which have prepared or produced these problems. In the English-speaking world, both... (shrink)

Supper at Emmaus traces various important intellectual topics from the ancient world to the modern period. Generally, as in its treatment of the question of whether the long-standing contrast between cyclical and linear views of history is helpful, it introduces important thinkers who have considered the question. A preoccupation of the book is the appearance and reappearance across the centuries of patterns used to organize temporal and cultural experience. After an opening essay on transcendental truth and cultural relativism, the (...) second chapter traces a distinction, common in historical writings during the past two centuries, between an alleged ancient classical "cyclic" view of time and history, used to describe the claimed repetitiveness of and similarities between historical events ("nothing is new under the sun"), and a contrasting Jewish-Christian linear view, sometimes described as providential in that it moves through a series of unique events to some end intended by God. In the latter, history is "about something," the education of the human race or the redemption of humankind. As in each of the remaining essays, the book then attempts to draw out the limitations of what the current consensus on this topic has become. It does this for such things as our current understanding of religious toleration, humanism, natural law, and teleology. Some of the essays, such as those on debate about Augustine's understanding of marriage or the concluding illustrated essay on the baroque city of Lecce, are published for the first time. Others are based on previously published contributions to the scholarly literature, though generally each of these chapters concludes with a postscript that engages with current scholarly debate on the subject. (shrink)

Graphic justice and the law of aesthetics have in very recent years successfully brought law, aesthetics and comics scholarship into the same space. The culture of copyright infringement within comics (including in the Marvel, DC, and Disney universes) has been extensively in the literature by scholars including Saval. How copyright law is portrayed within the graphic novels and comics themselves is the focus (and contribution of) this article. This article will explore several comics and graphic novels, as well as (...) included this author’s reflections of portraying copyright visually within zines for public dissemination. Throughout this article, the discourses of ghosts and spectres that are interwoven with copyright law and haunt the texts will be seen, as will the discourses of oppression and warfare that are involved for anyone seeking to make use of copyright works. As Gómez Romero and Dahlman note, comics offer “an alternative legal discourse” and we can see these alternative legal discourses through their aesthetic graphic form. This article will consider: the aesthetic portrayal of copyright law in A Gift for a Ghost and Josie and the Pussycats No. 6; as well as Bound by Law, Theft! A History of Music, and Pictures within Pictures. These comics and graphic novels have been chosen as they aesthetically portray copyright law and copyright infringement (referred to in some of the comics as “plagiarism”), and others aesthetically portray the public domain and fair use. In viewing these aesthetic manifestation of copyright law, the reader understands the limiting nature of copyright on creative freedoms, and that copyright law’s power is absolute. This article will explore the following: (i) copyright’s aesthetic portrayals and the impact of this; (ii) comics haunted by copyright law, considering A Gift for A Ghost and Josie and the Pussycats; (iii) comics about the necessity of the public domain and fair use, considering Bound by Law, Theft! A History of Music, and Pictures within Pictures; and (iv) self-reflections on portraying copyright aesthetically in publicly disseminated research zines. This article has not set out to determine that certain visual aesthetic portrayals are “correct” or “better”, but rather to explore how legal discourses and narratives about copyright law are circulated through the comics medium. These visual depictions hold considerable weight, and it is striking to see similar narratives used across a range of comics works, with different intended audiences. What is clear is that the visual depiction of copyright law enables a greater ability to convey the multiple copyright law discourses that can be felt at once, and also to highlight that some of these discourses are contradictory to one another. (shrink)

From the perspective of Marek J. Siemek’s theory of modernity, one of the most important problem is to include conflicts into institutional framework of the modern society. He reinterprets Hegel’s dialectics of the struggle for recognition by conceptual tools of Hobbes and Marx in order to uncover hidden assumptions and conditions of possibility of the social rationality. For Siemek, law as purely formal, autopoetic social system or social subject, which produces individual subjects, is the first of the conditions of possibility (...) of modernity. The second one is the convergence of formal and material presuppositions of law—or, speaking generally—the convergence of form and content of the social reason. Form and content, facticity and normativity, instrumentality and communicativity are aspects of the process of rationalization andof the only one reason, self-generating in the history. So for Siemek, the Hegelian model of the struggle for recognition gains its theoretical power only when it is interpreted from the perspective of economical, technical and legal rationalization of modernity. Only such perspective is able to construct “the transcendental social philosophy” which starts from critique of “the non-instrumental reason”. (shrink)

The three texts addressed in this review essay challenge us to question and creatively re-imagine the representation of material spaces at the centre of the colonial project: oceans, islands, ships and archives. Elizabeth McMahon deconstructs the island and its metaphorics, charting the relationship of geography, politics and literature through the changing status of islands, as imagined by colonists, beginning in the Caribbean and ending in Australia. Renisa Mawani destabilises colonial geography by re-animating the ocean and presents, amongst others, the (...) ship and the ocean, as both method and juridical form. Writing against the ‘free sea’, Mawani addresses the imperial reliance on control of the ocean and the intensive juridification of the sea. Stewart Motha re-imagines law’s aggressive acts of adjudication, and challenges its originary fictions by exploring the logic, aesthetics and violence of legal processes that preserve and disavow the past at the same time. Each monograph considers the imaginaries, fictions and material geographies of colonialism, alongside how these imaginaries have been used as sites of counter-claim and resistance by those subjected to their technologies. (shrink)