This book reveals and discusses the foundations of law and justice. Fifteen leading lawyers and philosophers of law, representing thirteen nations and fifteen different philosophical schools examine the value and purpose of law, and the nature and requirements of law and justice. Some of the world's most learned and provocative legal scholars address the ultimate questions of legal and social philosophy from all angles and the broadest possible perspective, with special reference to the work of Mortimer Newlin (...) class='Hi'>Stead Sellers, and the republican, liberal, and analytical schools of legal thought. The conclusions reached here are not fully unanimous, congruent or conclusive, but they represent the pinnacle of legal scholarship as it exists today and furnish the necessary basis for any future study of law, justice, or the ultimate requirements of just, effective and legitimate law and society. (shrink)

This book examines the role and importance of reason and emotion in justice and the law. Eight lawyers and philosophers of law consider law's basis in the universal human need for society, our innate sense of justice, and many other powerful inclinations and emotions, including the desire for fairness and even for law itself. Human beings are deeply social creatures, inspired by social and other emotions, which can ennoble, support, or undermine the law. Law gains legitimacy and effectiveness when reason (...) recognizes and embraces human emotions for the benefit of society as a whole. This volume explores the power and purposes of reason and emotion in the law. (shrink)

Niccolò Machiavelli is the father of modern constitutionalism. Constitutionalism began anew in the modern world with the study of the ancient republics and it was Machiavelli who inaugurated this revived science of politics. Five hundred years after the composition of Il Principe and the Discorsi we are still working out the implications of applying reason to the structures of law and government in pursuit of justice and the common good. Modern constitutionalism and ancient republicanism share three central beliefs: first, that (...) government should serve justice and the common good; second, that government should do so through known and stable laws; third, that these will best be secured through the checks and balances of a well-designed constitution. Machiavelli took the theories and experiences of republican Rome and applied them to his own era. This application of reason to constitutional design transformed the politics of emergent modernity and reconfigured government throughout the world. (shrink)

el derecho, la razón y la emoción tienen una larga, estrecha y complicada relación en la historia de la filosofía y de la justicia. Esta discusión sugiere que el derecho gana legitimidad y eficacia cuando une la razón con la emoción, que la razón y la emoción humana son los valores rectores de cualquier sistema jurídico justo, que todos los sistemas jurídicos dicen ser justos y que todos los sistemas jurídicos y todos los académicos del derecho hacen uso de estas (...) ideas, ya sea que las reconozcan o no. Este artículo busca aclarar los conceptos “derecho”, “razón”, “emoción”, “justicia”, “eficacia” y “Estado de derecho”, con el fin de comprender mejor cómo se relacionan entre ellos y así establecer la agenda para un mayor diálogo entre los mismos. Para lo anterior, el primer paso sería considerar cómo estas palabras han sido y deberían usarse para una mejor comprensión y un eventual mejoramiento del derecho y la sociedad. Razón y emoción son los pilares gemelos del derecho, que hacen que este último sea legítimo, justo y eficaz cuando se toman debidamente en cuenta. Nadie puede entender correctamente el derecho sin hacer referencia tanto a la emoción humana como al propósito con el que el derecho existe para servir, que es el bienestar racional de todos y cada uno de los miembros de la sociedad. (shrink)

Universal Human Rights brings new clarity to the important and highly contested concept of universal human rights. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement, and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an (...) otherwise divided world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Reciprocating Engine--Like ProustRoger ShattuckWould you buy a book called “How to Read a Book”? Only out of annoyance, I imagine. In the company of literary scholars, critics, and writers, we all think we know already how to read. Otherwise, we’d be professional charlatans. Still, in 1940 tens of thousands of people bought a book called How to Read a Book by Mortimer J. Adler. It stayed on (...) the best seller lists for several weeks. Adler wrote in an easy conversational style and promoted good books—even old ones. But he had the essentials wrong. He believed we should read the way a tyro tours an art museum: the tyro looks at the label before looking at the painting. Of course our whole educational system—K plus 12 plus 4 plus even more—inevitably follows this label-first method. I shall come back to the basic question of order of events in reading literature.On the basis of my own experience and of my investigations in recent years, I distinguish three kinds or levels of reading. We read for basic comprehension of words and sentences. We read for literary response to the parts and the whole of a work. And we read for the relations of the work to other works and to life itself. These tentative categories of reading do not represent sequential stages. Our response to language may resort to one or all of these three activities at any stage of learning.Formal reading begins with the basic association of written word with sounded word—with a notion in the mind—with some phenomenon in the world. Since most of us have forgotten how we learned those initial associations, we understand them probably from having helped a child to read. And in that gradual process we do not usually encounter the excitement that can occur when an illiterate older child or an illiterate [End Page 104] adult suddenly grasps the miracle of language. The exemplary case of Helen Keller concentrates into one incident at the water pump the revelation that comes to the rest of us over a period of weeks or months at a much earlier age. We should never forget one fundamental: the comprehension stage of reading is not an empty skill that can be acquired apart from meaningful content. In order to make sense of written language, we cannot just learn a mental trick of association but must also acquire much information about the world we live in.This first category of reading for comprehension is endlessly debated by all parties, including literary scholars and critics. Almost no one speaks of the third category: how to keep track of and make use of what we read over the years, both as professionals in the field of literature and as individuals seeking to shape a life out of our experience. I lifted the title of this panel from a remarkable essay on how to keep notes on one’s reading and how to set up and constantly revise a system of files both in order to give direction to one’s professional career and in order to constitute one’s character as a person. The essay “On Intellectual Craftsmanship” was written by C. Wright Mills as an appendix for The Sociological Imagination (1959). We all pick up procedures for keeping notes and files as we go along. But despite the number of methodology courses in graduate programs in literature, such basics are rarely discussed. Mills deserves much credit for raising a neglected subject essential for all writers. Intellectual craftsmanship will become even more challenging in the era of electronics and computers.Another great scholar a century earlier saw fit to speak of these basics near the end of his autobiography.I may mention that I keep from thirty to forty large portfolios, in cabinets with labelled shelves, into which I can at once put a detached reference or memorandum. I have bought many books and at their ends I make an index of all the facts that concern my work; or, if the book is not my own, write out a separate abstract, and of such abstracts I have a huge drawer... (shrink)

Le thème de la femme dans les pays en voie de développement continue à faire couler beaucoup d’encre dans les universités américaines où la division d’hier entre chercheurs confirmant l’exploitation de la femme et leurs collègues prouvant l’éveil de la conscience féministe se mue aujourd’hui en une analyse plus nuancée qui met en évidence la complexité et les contradictions du vécu féminin. En tant que chercheurs examinant la situation de la femme au Maghreb, que nous soyons « insider » ou (...) «... (shrink)

Yet the rest of us, although not significantly more knowing than they, profess to think we can actually make life decisions which genuinely good reasons will support.

In lieu of an abstract, here is a brief excerpt of the content:Human Liberty and Human Nature in the Works of Faustus Socinus and His ReadersSarah MortimerI.Few issues were more hotly contested by early modern theologians than the extent of human liberty and its implications for both religion and society. In the Protestant world, the sixteenth century saw increasingly strident statements of mankind's bondage to sin and the importance of God's eternal decree of predestination, but the concept of human moral (...) responsibility still had its defenders. One influential proponent of human liberty was Faustus Socinus (1539–1604), the Italian scholar known most commonly today for his denial of the trinity. Yet the central theme of his theology was his insistence that Christian virtues must be carried out voluntarily; it was from this principle that his more heterodox ideas flowed. He made a sharp distinction between natural and voluntary action, and argued that the practice of Christianity must be an act of human will, not one to which men were drawn by nature. Separating Christianity from the natural order, Socinus argued that eternal life awaited those who chose to follow the law of Christ rather than the natural law. His argument challenged the Protestant commitment to the unity of natural and divine law and it opened up conceptual space for voluntary action outside the natural law. In this article, I shall sketch the Socinian position on human liberty and Christianity, and suggest how and why the Italian's ideas were developed by Protestants in the early seventeenth century. His readers included the eminent Dutch scholar Hugo [End Page 191] Grotius (1583–1645), and the exchange between Grotius and the Socinians reveals the concern on both sides to explain the relationship between human liberty, Christianity, and natural law.Socinus' life, like his theology, began within the reform movement in Italy and ended among the marginalised anti-trinitarians in Poland. Born of a long line of Italian jurists, he shared both his family's legal interests and their critical approach to the Catholic Church. In his youth he had been a courtier in Florence but his increasingly critical attitude towards Catholicism—and the death of his patron Grand-Duke Cosimo I—resulted in his departure from Italy in 1574. After a period in Basel he found a home among the Polish Anabaptists at Rakow, a young and precarious community which he helped to sustain through his advice and through the tracts which he penned on their behalf.1 During these years, he was also able to develop his own interpretation of Christianity, and to explain it in numerous works issuing from the community's press. Although his ideas generated a lively debate from the start, both in Poland and Germany, it was only after his death that they began to be absorbed into the mainstream of European intellectual discussions. Socinus' theological ideas had their attractions for some Protestant readers, but they became entangled with more political questions and their implications for civil life began to cause serious alarm. For this reason my focus will be upon the responses of Dutch and German readers, particularly Hugo Grotius and Johan Crell (1590–1633), both of whom addressed the civil as well as the theological aspects of Socinus' legacy. First, however, I shall draw out the salient points from Socinus' rich and complex theology, paying particular attention to his understanding of human liberty. Unlike his orthodox Protestant contemporaries, Socinus believed that liberty was the precondition for virtue.Socinus shared with the broader Christian humanist tradition the belief that Christ demanded works as well as faith from his followers. Christians must follow the pattern of ethical living laid down by their master; like Erasmus before him, and like the Italian exiles he met in Basel, Socinus saw Christianity as a religion of action.2 For this reason, he was determined to protect the liberty and capacity of each individual to act virtuously, and therefore to defend what he understood as human free will. It was, he felt, [End Page 192] a pressing task, for these qualities were being undermined by his contemporaries and particularly by those on the Protestant side. Most Protestants followed Luther's belief, expressed most forcefully in De Servo Arbitrio (1525... (shrink)

'We will overcome it [and] I hope in the years to come, everyone will be able to take pride in how they responded to this challenge, and those who come after us will say the Britons of this generation were as strong as any' Her Majesty The Queen The Coronavirus pandemic forced the great British people to dig to the very depths of their resolve. It was during this crisis, the gravest crisis the country has faced since the Second World (...) War, that members of the Greatest Generation - Tom Moore, Dame Vera Lynn, the Queen - proved vital reminders of the self-effacing stoicism required in times of emergency; to summon our 'Blitz spirit' and to 'Keep Calm and Carry On'. Taking twelve qualities of the wartime generation, including fellowship, courage and integrity, and drawing on personal interviews with over two hundred Second World War veterans - from SAS officers to London firewomen to Dame Vera herself - Guidance from the Greatest shows us how we can improve our individual character and our collective approach to life. Guidance from the Greatest reminds us of all that is great about Britain and shows how we can build upon that greatness for the future. (shrink)

Treating such issues as animal sex, species politics, environmental justice, lesbian space and "gay" ghettos, AIDS literatures, and queer nationalities, this lively collection asks important questions at the intersections of sexuality and environmental studies. Contributors from a wide range of disciplines present a focused engagement with the critical, philosophical, and political dimensions of sex and nature. These discussions are particularly relevant to current debates in many disciplines, including environmental studies, queer theory, critical race theory, philosophy, literary criticism, and politics. As (...) a whole, Queer Ecologies stands as a powerful corrective to views that equate "natural" with "straight" while "queer" is held to be against nature. (shrink)

Timed to coincide with the publication of the second volume of Mortimer J. Adler's memoirs, A Second Look in the Rearview Mirror, this paperback reissue of Philospher At Large will delight readers as America's "philospher for everyman" (Time) recounts his first 50 years of achievement in the fields of education and publishing. Photographs.

This article further elaborates on the “pre-crime society” thesis as developed and examined by Arrigo and Sellers. Specifically, the article focuses on the ultramodern era of digital inter-connectivity and argues that productive psychic desire is held clinically captive. Ultra-modernity is populated by cyber-forms of human relating and of economic exchange that nurture hyper-securitization. We discuss how the maintenance of hyper-securitization supports a pre-crime society, and how hyper-securitization’s object of desire consists of sign-optics. We argue that the co-constitutive forces of (...) this desire represent the sign-exchange values of post-criminology. Post-criminology’s signifiers include, among others, “predictive policing”, “crime mapping”, and “actuarial penology.” Post-criminology’s signifieds produce captivity-generating bio-digital “laws” of human relatedness. Among others, these laws sanction the neurosis of de-vitalization and certify the psychosis of finalization. We explain how the unchecked excess neutralizations of de-vitalization and finalization cultivate clinical captivity. Clinical captivity is a social anxiety in which reciprocal consciousness, inter-subjectivity, and mutual power are limited in existence or are denied an existence. (shrink)