This paper aims to present how logic may undermine a parliamentary assault on democratic institutions based on the analysis conducted with reference to the so-called Polish constitutional crisis. I analyse whether a law can be reviewed on the basis of this law itself. The Polish Constitutional Tribunal faced such a problem while passing the verdict of 9th March, 2016, regarding the constitutionality of the amendment to the Statute on the Constitutional Tribunal from 22nd December, 2015. This problem, called a ‘verdict (...) paradox’, was claimed to be a type of the Liar paradox. I argue that, contrary to the common view, the problem of the verdict paradox is not based on the Liar paradox; for this purpose, a logical analysis is applied to four variants of a reasoning with regard to the constitutionality of the said amendment. The distinction between two levels of analysis concerning emerging reasonings, namely an abstract level and a concrete level placed in the context of the legal system, is also introduced. This paper demonstrates that although only two variants of the reasoning concerning a law’s judicial review based on the law itself involve logical contradiction, the possibility of employing reasonings from other variants must be excluded, albeit due to alternative reasons. Therefore, the Constitutional Tribunal’s decision to avoid the verdict paradox by passing over the reviewed provisions in the review process was correct and might be perceived as an example of how logic and reason can defend the institutional guarantees of political freedom. (shrink)

Punishment and democracy appear to exacerbate each other’s worst features. The institutions and moral intuitions used to punish those that break the law can hollow out civic participation, distort the electorate, and undermine core democratic values. Likewise, many have argued the decentralized character of democracy is a key, albeit indirect, cause of increasingly punitive public policies that are divorced from any reasonable penological purpose. Given the effects of electoral politics, many have called for the separation, or general insulation, of state (...) punishment from public influence. However, recent empirical work on punitive attitudes and institutional design has begun to chip away at this common sense. This article contextualizes and qualifies the various mechanisms of policy feedback and public opinion formation thought by political theorists to undermine democratic participation in penal institutions and makes a normative case that insulating the public from penal law actively sustains injustice. (shrink)

Even if Peirce were well understood and there existed· general agreement among Peirce scholars on what he meant by his semiotics, or philosophy of signs, the undertaking of this book-wliich intends to establish a theoretical foundation for a new approach to understanding the interrelations of law, economics, and politics against referent systems of value-would be a risky venture. But since such general agreement on Peirce's work is lacking, one's sense of adventure in ideas requires further qualification. Indeed, the proverbial nerve (...) for failure must in any case be attendant. If one succeeds, one has introduced for further inquiry the strong possibility that should our social systems of law, economics, and politics---our means of interpersonal transaction as a whole-be understood against the theoretical back ground of a dynamic, "motion-picture" universe that is continually becoming, that is infinitely developing and changing in response to genuinely novel elements that emerge as existents, then the basic concepts of rights, resources, and reality take on new dimensions of meaning in correspondence with n-dimensional, infinite value judgments or truth-like beliefs which one holds. If such a view, as Peirce maintained, were possible and tenable not only for philosophy but as the basis for action and interaction in the world of human experience and practical affairs, one would readily say that risk taking is a small price for the realization of such possibility. (shrink)

A.1. Some philosophers, including Tarski and Russell, have concluded from a study of various versions of the Liar Paradox ‘that there must be a hierarchy of languages, and that the words “true” and “false”, as applied to statements in any given language, are themselves words belonging to a language of higher order’. In his famous essay on truth Tarski claimed that ‘colloquial’ language is inconsistent as a result of its property of ‘universality’: that is, whatever can be said (...) at all can in principle be said in it, with an extended vocabularly if necessary. Thus, in English we can talk about English expressions, what they denote, what they say, whether what they say is true or false, and so on: English contains its own metalanguage. This universality enables us to construct sentences which say of themselves that they are false, and by applying the law of excluded middle to them we easily derive a contradiction. Tarski concludes that ‘these antinomies seem to provide a proof that every language which is universal in the above sense, and for which the normal laws of logic hold, must be inconsistent’ . He then proposes to avoid such contradictions by the use of a hierarchy of languages such that statements about any one language can be made only in a different language at a higher level. (shrink)

The ‘Introduction’ to Naturrecht Feyerabend is the transcript of a lecture Kant held at the very time he began writing the Groundwork. It contains the first securely dated occurrence of the term ‘autonomy’ (and its first occurrence in the context of moral philosophy) in Kant’s work. It argues that moral imperatives are categorical and asks how they are possible. Kant’s attempts to answer this question circle around the idea that freedom must be ‘a law to itself’ and lead him (...) to the claim that the form of universal lawfulness, independently of any inclination, can determine the will. Thus various central elements of the Groundwork conception of autonomy are already present in this text. Other elements, most notably the universal law formulation of the categorical imperative and the emphasis on reason as both source and addressee of moral commands, are conspicuously absent. Following a reconstruction of Kant’s overall argument for autonomy of the will in the notes, the paper offers a detailed interpretation of central passages concerning autonomy in order to identify both similarities and differences between the conceptions of autonomy in the ‘Introduction’ and in the Groundwork. (shrink)

This paper takes on the broad theme of the relation between legality and morality in Immanuel Kant's practical philosophy. It aims, more specifically, at a clarification of Kant's views on obedience and enjoyment. I claim that Kant's statements in his later writings, especially in the Metaphysics of Morals, of the obligation of citizens of a state to subject themselves unconditionally to the sovereign in power, must be seen in connection with his earlier moral writings in order to maintain a (...) proper Kantian conception of the relation between legality and morality. To this end, Kant's use of the concept of enjoyment is instructive, and looking at it closely makes it possible to spell out why obedience in itself does not suffice for a moral existence. Subjecting ourselves to the prescriptions of positive law might actually function as a way of escaping the insatiable demands of the moral law. In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself. (shrink)

This book’s basic hypothesis – which it proposes to test with a cognitive-sociological approach – is that legal behavior, like every form of human behavior, is directed and framed by biosocial constraints that are neither entirely genetic nor exclusively cultural. As such, from a sociological perspective the law can be seen as a super-meme, that is, as a biosocial constraint that develops only in complex societies. This super-meme theory, by highlighting a fundamental distinction between defensive and assertive biases, might explain (...) the false contradiction between law as a static and historical phenomenon, and law as a dynamic and promotional element. Socio-legal scholars today have to face the challenge of pursuing a truly interdisciplinary approach, connecting all the fields that can contribute to building a modern theory of normative behavior and social action. Understanding and framing concepts such as rationality, emotion, or justice can help to overcome the significant divide between micro and macro sociological knowledge. Social scientists who are interested in the law must be able to master the epistemological discourses of different disciplines, and to produce fruitful syntheses and bridge-operations so as to understand the legal phenomenon from each different point of view. The book adopts four perspectives: sociological, psychological, biological-evolutionary and cognitive. All of them have the potential to be mutually integrated, and constitute that general social science that provides common ground for exchange. The goal is to arrive at a broad and integrated view of the socio-legal phenomenon, paving the way for a comprehensive theory of norm-oriented and norm-perceived actions. (shrink)

The beauty of electricity, or of any other force, is not that the power is mysterious and unexpected, touching every sense at unawares in turn, but that it is under law... Michael Faraday, Wheatstone's Electric Telegraph's Relation to Science (being an argument in favour of the full recognition of Science as a branch of Education), 1854.

Rawls’ The Law of Peoples is vulnerable to the criticism of instability, which is exemplified by his oversight of the aggressive state. In order to address this criticism in keeping with Rawls’ overall project, I argue that the grounds for intervention in the Society of Peoples ought to be extended from merely human rights violations to also include the imposition of unjust inequalities by one state upon another. I also argue that Rawls’ conception of public reason is too narrow, and (...) must be expanded to include participation of all reasonable citizens, not merely representatives of the peoples with membership in the Society of Peoples. In refuting objections to each of these alterations, I establish that this two-part revision is a successful route to be taken in addressing the concern of instability while also remaining in keeping with – and perhaps making more Rawlsian – Rawls’ overall project. My solution does this by further advancing liberalism, reflecting a commitment to pluralism and the social contract tradition, and more resolutely recognizing a possible divergence in moral capacities between representatives and citizens. (shrink)

Man will never be virtuous, until his interests instruct him to be so. So long as these shall even so much as seem opposed to his virtue, he will inevitably pursue the former and renounce the latter. That which must be done, is to clear from his mind the horrible mists and fogs of prejudice--bid him no longer worship the cold prescriptions of policy, for the warm principles of justice--to free his soul from the fetters of authority--to remit and (...) exalt him to himself--to let him seek, by the light of his conscience alone, in the joyous, genial climate of his own free spirit, for all the rules of his conduct. Then, and not till then, will he be virtuous and happy.--(PsycINFO Database Record (c) 2008 APA, all rights reserved). (shrink)

There is a principle in things, about which we cannot be deceived, but must always, on the contrary, recognize the truth – viz. that the same thing cannot at one and the same time be and not be": with these words of the Metaphysics, Aristotle introduced the Law of Non-Contradiction, which was to become the most authoritative principle in the history of Western thought. However, things have recently changed, and nowadays various philosophers, called dialetheists, claim that this Law does (...) not hold unrestrictedly – that in peculiar circumstances the same thing may at the same time be and not be, and contradictions may obtain in the world. This book opens with an examination of the famous logical paradoxes that appear to speak on behalf of contradictions (e.g., the Liar paradox, the set-theoretic paradoxes such as Cantor’s and Russell’s), and of the reasons for the failure of the standard attempts to solve them. It provides, then, an introduction to paraconsistent logics – non-classical logics in which the admission of contradictions does not lead to logical chaos –, and their astonishing applications, going from inconsistent data base management to contradictory arithmetics capable of circumventing Gödel’s celebrated Incompleteness Theorem. The final part of the book discusses the philosophical motivations and difficulties of dialetheism, and shows how to extract from Aristotle’s ancient words a possible reply to the dialetheic challenge. How to Sell a Contradiction will appeal to anyone interested in non-classical logics, analytic metaphysics, and philosophy of mathematics, and especially to those who consider challenging our most entrenched beliefs the main duty of philosophical inquiry. (shrink)

This paper analyses the discourse surrounding a high-profile sexual assault case in South Korea. While most research on language and sexual violence has focused on the media portrayal or online resistance movement, not much has focused on the language and the law. Using Critical Discourse Analysis and rhetoric, this present paper seeks to show the importance of value of paying closer attention to legal decision-making process, showing how this can make a significant contribution to the literature. The analysis reveals two (...) distinctive discourses at work. One is that victims must embody and display certain characteristics as a ‘pure and destroyed’ individual in order to avoid being dismissed or appearing untrustworthy. The second is that the perpetrators represent themselves as victims seeking to makes it the goal of the court to protect the perpetrators’ rights, rather than those of the victims. (shrink)

Discusses the Laws of Nature from the ecclesiastical view that, ultimately, Mankind must answer to a higher Being. In the Preface, the author refers to Philosophers such as Plato, Aristotle, Socrates, & Tully, as "Heathens".

Human beings can be ethically frail under the pressure of situational forces, therefore the constraining force of the law is required. The ethics community need to have the confidence and courage to seek for the best ethical guidelines to become such constraining laws. However laws are themselves only ethical when they informed by a consensus that includes and represents the needs of the parties they are intended to protect, therefore the voice of the volunteer must be heard. Specific examples (...) are adduced to show how the current Clinical Trials Regulations are either insufficient in their scope, or not being fully met. To conclude eight suggestions are given as to how volunteers might be better protected. These include the establishment of an independent funded body to inform and support volunteers, a volunteers charter, greater consultation with volunteers, and a change in ethos involving a more egalitarian partnership between all those involved in the development of new medicines. (shrink)

This chapter challenges the entailment from physicalism to microphysicalism — the view that all facts metaphysically supervene on the microphysical facts. It observes that physicalists can avoid microphysicalism by rejecting physical microscopism. Humean supervenience is a strong version of microphysicalism, and it is false if a non-Humean view of laws is true. But such a view is consistent with physicalism. A weaker form of microphysicalism adds microphysical non-Humean laws to get a broader microphysicalist supervenience base for all facts. On this (...) view, all the laws are metaphysically determined by microphysical laws and microphysical initial conditions. In response, the chapter argues that the existence of emergent Broad-laws, i.e. macroscopic laws that are not metaphysically dependent on microphysical laws and microphysical initial conditions, is consistent with physicalism. It also argues that physicalists can consistently deny that facts about persisting objects, including organic and artefactual objects, metaphysically supervene on microphysical facts. -/- . (shrink)

The question of whether biology contains laws has important implications about the nature of science. Some philosophers believe that the legitimacy of the special sciences depends on whether they contain laws. In this dissertation, I defend the thesis that biology contains laws. In Chapter I, I discuss the importance of this problem and set the stage for my inquiry. In Chapter V, I summarize the results of Chapters II, III, and IV and I offer reasons why the position I advance (...) should be preferred over the alternatives. ;In Chapter II, I argue that the epistemic functions of a priori biological laws in biology are the same as those of empirical laws in physics. I establish this claim by showing that zero force laws and singleton force laws in these sciences function in the same way. I conclude that the requirement that laws must be empirical is idle in connection with how laws operate in science. ;In Chapter III, I argue that even if there are ceteris paribus sentences, it is unlikely that there are ceteris paribus laws. If there are genuine ceteris paribus laws, then 'ceteris paribus' should be a proper part of a law statement in which it occurs. I argue that if we interpret 'ceteris paribus' in this way, the containing sentence cannot be a law because it does not satisfy a minimal condition for laws---i.e., "ceteris paribus A 's are B's" and "ceteris paribus A's are not B's" should not both be true. ;In Chapter IV, I argue that the reasons offered for the non-existence of empirical biological laws don't establish the intended conclusion. I, then, argue that the kinds of law we should expect to find in biology are biophysical laws. I defend this claim by providing a priori and a posteriori arguments. The a priori argument states that the complexity of a system is no reason to think that there are no laws about that system. The a posteriori argument states that current research in evolutionary ecology indicates the existence of biophysical laws. (shrink)

To assess the utility of appeals to natural law as a way of projecting ethical claims across ideological and cultural boundaries, three examples of such appeals in just war theory are critically analyzed and evaluated: those of contemporary international lawyers Myres McDougal and Florentino Feliciano, theological ethicist Paul Ramsey, and Franciscus de Victoria, a sixteenth-century Spanish theorist whose recasting of Christian just war thought gave rise to secular international law. The conclusion is that natural-law appeals today can no longer depend (...) on their own self-evidence, but must be attempts to uncover commonality as to what is natural. (shrink)

A recent French reform has revised the legal definition of the corporation. In essence, the law stipulates that the corporation must be run with due regard to the social and environmental impacts of its activity. It also introduces the notion of raison d’être and affords the possibility for any corporation to assign social or environmental purposes to itself, defined in its by-laws. This reform is similar to recent reforms in the UK and the US, but is based on an (...) original and distinctive theoretical argument. The aim of our article is to analyze the fundamental tenets of this reform and their implications for the theory of the corporation. It shows that the new law is based on a new positive definition of the enterprise as not only an economic organization or a productive entity, but more fundamentally a space for innovative collective action. We argue that this view of the enterprise challenges our conceptualization of the corporation in two important ways. First, it shows that the traditional theories overlook the activities of the enterprise and their related impacts, and that the corporation is not necessarily the appropriate legal vehicle for the innovative enterprise. Second, it suggests that the stipulation of the enterprise’s purpose or raison d’être in the corporate by-laws can provide new promising legal foundations for corporate responsibility. (shrink)

A special supplement [of Kuang-ming Daily] published an article by Comrade Chu-ko Yin-t'ung entitled "Can the Law of Contradiction Be Contravened?"; in it he maintains that the law of contradiction, as well as the other laws of formal logic, must be observed in every situation. "When thinking dialectically, the laws of formal logic must always be observed." His chief argument is that "we have still not found an example in which the law of contradiction has been contravened." In (...) addition to explaining the three generally accepted judgments resulting from dialectical thinking on the definitions, etc., of mechanical motion, he asserts that they actually contain no "logical contradictions." There are, however, other arguments; and since, after the article was published, there were some who opposed it and some who agreed with it, I thought I would contribute to the discussion. (shrink)

This article explores the tension between the fundamental perception that the provision of privatized services such as health and social care remain inherently public and the absence of any clearly developed juridical concept of ‘public services’ as the basis of judicial control in accordance with public law standards. In a series of recent cases, courts have had the opportunity to determine whether private contractors engaged in the provision of local authority residential and social care services are amenable to judicial review (...) or susceptible to direct vertical proceedings under the Human Rights Act, on grounds that they are performing functions which are by their very nature quintessentially public. However, conflating questions of amenability to review and susceptibility to the Human Rights Act (hereafter HRA), courts have refused to adopt a test based on the public character of a body's functions, irrespective of the source of power. This article acknowledges the constitutional propriety and rationality of a broad based functional test of review. Nevertheless, it is argued that if courts continue to resist such a test, Parliament must legislate to ensure judicial regulation of decisions by independent contractors of health and social care services, in accordance with public law principles and HRA obligations, which transcend the boundaries of their strict contractual undertakings. (shrink)

I offer an argument regarding chances that appears to yield a dilemma: either the chances at time t must be determined by the natural laws and the history through t of instantiations of categorical properties, or the function ch(•) assigning chances need not satisfy the axioms of probability. The dilemma's first horn might seem like a remnant of determinism. On the other hand, this horn might be inspired by our best scientific theories. In addition, it is entailed by the (...) familiar view that facts about chances at t are ontologically reducible to facts about the laws and the categorical history through t. However, that laws are ontologically prior to chances stands in some tension with the view that chances are governed by laws just as categorical-property instantiations are. The dilemma's second horn entails that if chances are in fact probabilities, then this is a matter of natural law rather than logical or conceptual necessity. I conclude with a suggestion for going between the horns of the dilemma. This suggestion involves a generalization of the notion that chances evolve by conditionalization. Introduction "Chances evolve by conditionalization" How might the lawful magnitude principle be defended? A historical interlude What if chances failed to be determined by the laws and categorical facts? (shrink)

The law-governed world-picture -- A remarkable idea about the way the universe is cosmos and compulsion -- The laws as the cosmic order : the best-system approach -- The three ways : no-laws, non-governing-laws, governing-laws -- Work that laws do in science -- An important difference between the laws of nature and the cosmic order -- The picture in four theses -- The strategy of this book -- The meta-theoretic conception of laws -- The measurability approach to laws -- What (...) comes where -- In defense of some received views -- Some assumptions that will be in play -- The laws are propositions -- The laws are true -- The logically contingent consequences of the laws are laws themselves -- At least some laws are metaphysically contingent -- The meta-theoretic conception of laws -- Laws of nature, laws of science, laws of theories -- The first-order conception versus the meta-theoretic conception -- What is a law of nature? -- Some examples of meta-theoretic accounts -- The virtues of the meta-theoretic conception -- Weighing the virtues and shortcomings of the meta-theoretic conception -- An epistemological argument for the meta-theoretic conception of laws -- The discoverability thesis, the governing thesis, and the first-order conception -- The main argument -- The objection from bad company -- The objection from inference to the best explanation -- The objection from bayesianism -- The objection from contextualist epistemology -- The objection from the threat of inductive skepticism -- Laws, governing, and counterfactuals -- Where we are now -- What would things have to be like in order for the laws of nature to govern the universe? -- Lawhood, inevitability, counterfactuals -- What is it for a proposition to be inevitably true? -- What is it for a whole class of propositions to be inevitably true? -- What is it for lawhood to confer inevitability? -- NP and supporting counterfactuals -- The worry about context-variability -- A solution and a look ahead -- When would the laws have been different? -- Where we are now -- The God cases -- Other counterexamples to NP -- A moral-theoretic counterexample to NP -- Scientific contexts and non-scientific contexts -- Scientific God cases? -- Lewisian non-backtracking counterexamples -- Where things stand now -- How could science show that the laws govern? -- Why the law-governed world-picture must include the science-says-so thesis -- What is extra-scientific? -- How can the science-says-so thesis be true? -- NP as a consequence of the presuppositions in any scientific context -- Np as true in all possible scientific contexts -- But how could it be so? -- Attack of the actual-factualists -- Measurement and counterfactuals -- Where we are now -- Measurements, reliability, counterfactuals -- A general principle that captures the relation between measurement and counterfactuals -- What we can learn about lawhood from what we have learned about the counterfactual commitments of science -- A first-order account of laws or a meta-theoretic account of laws? -- What methods are presupposed to be legitimate measurement procedures? -- Why we must adopt a meta-theoretic account of laws -- What lawhood is -- Where we are now -- The measurability account of laws -- Brief review of the case for the mal -- A note about hedged laws -- How plausible is the mal? -- What if we don't care about the law-governed world-picture? -- Newton's God and Laplace's demon -- Beyond humean and non-humean -- Two views of laws -- Humean supervenience and the meta-theoretic conception -- Alleged counterexamples to humean supervenience -- Governing and non-trivial necessity -- How the mal lets us have it all -- Humeanism? non-humeanism? -- What is the significance of the idea of the law-governed universe? -- Where in the world are the laws of nature? -- Appendix: The mal in action : a few examples -- Of scientific theories and their laws -- Newton's theory as a paradigm example -- Classical special-force laws -- Geometrical optics and one of its laws -- Local deterministic field theories. (shrink)

The Law of Non-Contradiction - that no contradiction can be true - has been a seemingly unassailable dogma since the work of Aristotle, in Book G of the Metaphysics. It is an assumption challenged from a variety of angles in this collection of original papers. Twenty-three of the world's leading experts investigate the 'law', considering arguments for and against it and discussing methodological issues that arise whenever we question the legitimacy of logical principles. The result is a balanced inquiry into (...) a venerable principle of logic, one that raises questions at the very centre of logic itself. The aim of this volume is to present a comprehensive debate about the Law of Non-Contradiction, from discussions as to how the law is to be understood, to reasons for accepting or re-thinking the law, and to issues that raise challenges to the law, such as the Liar Paradox, and a 'dialetheic' resolution of that paradox. The editors contribute an introduction which surveys the issues and serves to frame the debate, and a useful bibliography offering a guide to further reading. This volume will be of interest to anyone working on philosophical logic, and to anyone who has ever wondered about the status of logical laws and about how one might proceed to mount arguments for or against them. (shrink)

A currently popular view among legal positivists is that law is a social construction. Many of the same legal philosophers also argue that before one can study law empirically, one needs to know what it is. At the heart of this paper is the claim that these two propositions are inconsistent. It presents the following dilemma: if law is a social construction like all other social constructions, then legal philosophers have to explain what philosophers have to contribute to understanding it. (...) Studies of social constructions are typically conducted by historians, sociologists, and others, who explain them on the basis of empirical data. If, as legal philosophers claim, conceptual clarification must precede empirical work, then it follows that the lack of conceptual work on the nature of other social constructions renders suspect all empirical work on them. To avoid such a radical conclusion, legal philosophers may argue instead that law is a social construction of a special kind. But to say that is to undermine the premise with which the argument began. Moreover, this response to the dilemma collapses what is now taken to be what separates legal positivism from natural law theory, thus undermining the motivation for this view. I conclude the essay by offering a different solution to the dilemma by suggesting that it shows that the fundamental debates of legal philosophy are not conceptual but political. (shrink)

This is a review of historical developments in international criminal law leading up to the inclusion of rape as a "crime against humanity" in the current war crimes tribunal for the ex-Yugoslavia. In addition to the need to understand the specificity of events and their impact on women, the laws of war must also be understood in their specificity and the ways in which even the humanitarian provisions of those laws privilege military needs.

When Pythodorus in 411 B.C. moved in the Athenian Assembly his decree that Commissioners should be elected to draft measures for the security of the State, Cleitophon added a rider instructing the Commissioners προσαναξητσαι κα τος πατρονς νμονς ος κλειδθνης θηκεν τε καθδτη τν δημοκραταν, πως ν κοσαντες κα τοτων βολεσωντααι τ ριστον. The instruction appears to have struck Aristotle as paradoxical and inept, for he has appended an explanation of Cleitophon's reasons which is also a criticism: ς ο δημοτικν (...) λλ παραπλησαν οσαν τν Kλεισθνους πολιτεαν τ Σλωνος. Indeed one would never imagine that the constitution of Cleisthenes as described by Aristotle could have been seriously suggested as a model or a repertory of precedents for legislators intent, like Cleitophon's friends, on restoring the πτριος πολιτεα, which it obviously disestablished; and the conjunction of τοĐς πατρουσ with τε καθστη τν δημοκραταν might seem to make the proposal a challenge or a mockery. Aristotle had already given his opinion that by Cleisthenes' innovations δημοτικωτρα πολĐ τς Σλωνος γνετο πολιτεα He recognized democratic features in Solon's laws, but they lay in the redress of social wrongs or in the method of administering justice rather than in the organization of the government; he regarded Solon's political changes, not as the establishment of democracy proper, but as a reform, conservative rather than revolutionary, of existent institutions. His comment on the rider implies that he would not have corrected Cleitophon if he had referred the Commissioners to Solon's ancestral laws, but to refer them to Cleisthenes' must, he thought, be ignorance, irony, or idiosyncrasy. (shrink)

The theory of self-organization of complex systems studies laws of sustainable co-evolutionary development of structures having different speeds of development as well as laws of assembling of a complex evolutionary whole from parts when some elements of “memory” must be included. The theory reveals general rules of nonlinear synthesis of complex evolutionary structures. The most important and paradoxical consequences of the holistic view, including an approach to solving the riddle of human personality, are as follows: 1) the explanation why (...) and under what conditions a part can be more complex than a whole ; 2) in order to reconstruct society it is necessary to change an individual but not by cutting off the supposed undesirable past, since a human being as a microcosm is the synthesis of all previous stages of evolution, and as a result of repression of, it would seem, the wild past one can extinguish a “divine spark” in his soul; 3) in the physical sense, singularity denotes a moment of instability, phase transition; one can talk about the human singularity of co-evolutionary processes, since in such a moment of instability individual actions of a human can play a key role in determining a channel of further development as well as in appearance of a new pattern of collective behavior in society; 4) as the models of nonlinear dynamics, elaborated at the Keldysh Institute of Applied Mathematics of the Russian Academy of Sciences in Moscow, show, there is a possibility of a direct influence of the future and even a touch of an infinitely remote future in certain evolutionary regimes and under rigorously definite conditions, more over, it turns out that such a possibility exists only for a human but not for the human society. (shrink)

This article charts Derrida’s performances in front of the camera and argues that several different film retellings of his 1982 imprisonment in Prague articulate the connections between spectrality and Law. If spectrality disrupts the binary of presence and absence, then we must not only show how there is a ghostly presence within the context of film viewing, but also how being photographed is a matter of embracing blindness and a postal logic. The Prague imprisonment was an intriguing event in (...) Derrida’s life because it seemed to go hand-in-hand with revoking his self-imposed ban on his public image, beginning with his first television interview on Antenne 2. Why does Derrida replay this scene, re-enact it, indefinitely? How does the recurring trope of blindness in his writings relate to both the imprisonment and the experience of being photographed? The television and film retellings in Ghost Dance (McMullen, 1983), D’ailleurs, Derrida (Fathy, 1999), and, finally, Derrida (Dick and Ziering Kofman, 2002) could be a way of changing the ghosts that haunt that scene: from fear and anguish in the first television version to openness towards the other in D’ailleurs, Derrida, where the place and time of the event are not named. (shrink)

Ethics, communication skills, and the law ('practice skills') are important in all aspects of modern health care. Doctors and nurses must be sensitive to the ethical aspects of their work and understand the legal framework within which clinical decisions are made. Well developed skills of communication, with patients, their relatives and other members of the clinical team, are a key feature of good clinical practice Until recently, the important of practice skills has been relatively neglected in health care education. (...) This situation is changing. The UK General Medical Council, for example, has recently identified three aspects as part of the core of the medical course, and the move to degree courses in nursing has led to an increasing focus of practice skills in nurse education. The Oxford Practice Skills Project (OPSP) team have developed a course, within the University of Oxford Clinical School, which covers the teaching of practice skills in an integrated manner. This course is widely recognized as one of the most systematic developments of education in these areas. This manual describes the OPSP course in detail and provides teaching materials. Although developed initially for medical students, it should be helpful to all those involved in teaching ethics, communication skills, and law in health care. Each Seminar is described in detail Tutors' guides are provided Student handouts are included Contains guidelines for introducing 'practice skills' into a busy clinical curriculum Includes over forty case histories for teaching and examination Gives details of many useful sources and resources Details a variety of teaching methods together with their advantages and disadvantages Provides an ethics teaching toolkit for clinical teachers new to this area Readers are welcome to photocopy any part of this manual for their own teaching. (shrink)

Scholars interested in the characterology presupposed by constitutional government have occasionally turned to Plato’s Laws, one of the earliest and most penetrating treatments of the subject. Even so, interpreters have neglected a vital tension that the Laws presents as coeval with lawfulness itself. Through a close reading of the dialogue’s opening passages, I argue that the rule of law for Plato is implicated in a certain paradox: it both prohibits and requires the imitation of god. Law cannot safely originate with (...) human beings; yet human beings must involve themselves nonetheless in laying law down. Trustworthy lawgivers must revere the gods while at the same time emulating them, must somehow make law themselves while regarding that very task as beyond their ken. Although the political psychology of lawfulness would therefore seem incoherent, I conclude by surveying reasons for thinking this inference unwarranted. (shrink)

The subject of this thesis is physicalism, understood not as some particular doctrine pertaining narrowly to the philosophy of mind, but rather as a quite general metaphysical claim to the effect that everything is, or is fundamentally, physical. Thus physicalism explicates the thought that in some sense physics is the basic science. The aim of the thesis is to defend a particular brand of physicalism, which I call eliminative type physicalism. It claims, roughly, that every property is a physical property, (...) a property mentioned in the laws of physics, and hence that any putative property not identifiable with a physical property must be eliminated from our ontology. Eliminative type physicalism is apt to face three objections, and so my thesis, like Caesar's Gaul, falls into three parts. In the first, I argue against the idea that there are tenable positions, both physicalist and non-physicalist, alternative to eliminative type physicalism. I argue that each of these positions token physicalism (Fodor, middle Putnam), supervenience physicalism (Lewis, Horgan) and and a non-physicalist view I call pluralism (Goodman, late Putnam) is defective. In the second part, responding to the objection that there is just no reason to be a physicalist, I develop a positive argument for eliminative type physicalism, an argument resting upon a strong version of the explanatory test for reality according to which only explanatorily indispensable properties can justifiably be said to exist. In the third and final part, I argue, against the charge that eliminative type physicalism cannot accommodate what I call phenomenal properties (qualia, raw feels etc.), that there is no good reason to deny, and one good reason to affirm, that phenomenal properties just are physical properties. (shrink)

The main problem with the law of sufficient reason lies in whether or not it is universally applicable to all forms of thinking, and especially how it works in the process of inference. If we hold that an inference violates the law of sufficient reason because its premise is false, then it would amount to saying that the law of sufficient reason can meet the requirement of a true premise. As a result, the law of sufficient reason would substitute for (...) all branches of concrete science. If we hold that an inference still conformed to the law of sufficient reason even if its premise were false, then what would be the point for the law to require that "the reason must be true" ? Isn't the requirement but an empty shell? Obviously, something is wrong with both answers. Therefore I am of the opinion that the crux of the matter lies in whether or not it is applicable to the process of inference and how it works in the process. (shrink)

abstract Focusing on the criminal law, I discuss three ways in which analytical philosophers might contribute to the development or health of the law (and of legal theory). The first is as humble under-labourers, who seek only to clarify legal rules and doctrines, but not to criticise them. This modest conception of the role of philosophy, however, proves to be untenable: clarification must become rational reconstruction — an attempt to make rational sense of the law; and rational reconstruction (...) class='Hi'>must involve at least an internal critique, which appraises the law in terms of ends, values or principles that the reconstruction discovers within the law. Such an internal critique must then also point beyond itself, to an external critique that appraises law in terms of the broader and deeper political and moral values by which states should be structured; the paper ends by noting some of the problems that such an external critique faces, and some of the problems that philosophers must face in trying to engage with the world of public policy. (shrink)

Various writers in the Western liberal and libertarian tradition have challenged the argument that enforcement of law and protection of property rights are public goods that must be provided by governments. Many of these writers argue explicitly for the provision of law enforcement services through private market relations.

This article maintains that it is the constitutional responsibility of the courts, here the courts of the State of Michigan, to engage in judicial policymaking in the process of formulating common law rules. The article is written in response to the views expressed by some Justices of the Michigan Supreme Court that separation of powers concerns should impose significant limits on the power of the courts to establish and develop the common law of Michigan. Specifically, the contention is that policymaking (...) is exclusively the province of the legislature, so that the courts cannot properly formulate common law rules that may have significant social and economic effects. The article strongly disagrees with the proposition that there is any kind of constitutional constraint, either prudential or structural, on the power, and indeed, the constitutional responsibility of the Michigan courts (or the courts of any state) to engage in judicial policymaking in the process of formulating common law rules.The judicial power given to the Michigan courts by the Michigan Constitution includes the power to do what courts have always done in the Anglo-American legal system. The judicial power gives the courts the responsibility to adjudicate controversies between private persons and in the process to develop a common law through the workings of binding precedent and stare decisis. In so doing, the courts may properly take into account considerations of social and economic policy just as the legislature does when it engages in the process of enacting legislation. The difference between what the courts do and what the legislature does is a difference in process, not a difference in substance. Judicial policymaking takes place within the judicial process, that is, in the adjudication of controversies between persons in which the courts promulgate common law rules. The common law develops in a line of growth through the workings of binding precedent and stare decisis, and to the extent that there are limitations on the development of the common law, these are limitations that inhere in the judicial process itself. When the courts, for example, consider whether a new claim or a new defense should be recognized by the common law, they must consider whether that new claim or defense properly follows in the line of growth from existing doctrine and precedent. But if the courts conclude that it does, that is, if the claim or defense is consistent with the line of growth of existing doctrine and precedent, the courts are not constrained from recognizing the claim or defense on the ground that the substance of the claim or defense is a matter for the legislature rather than for the courts or that the resulting common law rule may have significant social and economic effects. The legislature, in contrast, enacts legislation through the legislative process. That process is a freewheeling one, often dependent on political compromise and completely unrestrained by the kind of limitations that inhere the judicial process. There is no legislative concept of line of growth, and the legislature can and often does enact legislation that brings about fundamental societal change or reverses the course of public policy. In our constitutional system, the most important questions of public policy are, of course, determined by the Legislature. Where the legislature disagrees with the policy choices reflected in a common law rule, the legislature has the power to enact legislation changing the common law rule. But there are many areas of private law where the legislature has not acted. In our constitutional system, where the matter in issue is not covered or preempted by legislation, the courts may formulate a common law rule to cover that matter, and in so doing may engage in judicial policymaking. Judicial policymaking is a part of the development of the common law, and the courts cannot avoid their responsibility to engage in judicial policymaking to the extent that it is necessary in the process of formulating the common law. As a constitutional matter, there are no separation of powers considerations that prohibit the courts from engaging in judicial policymaking. This part of the article traces judicial policymaking and the common law back to the seminal writings of Oliver Wendell Holmes, Roscoe Pound and Benjamin Cardozo.The article then discusses at length judicial policymaking and the development of the common law in Michigan. It shows that the clearest history of judicial policymaking in development of the common law is the liability-limiting rules of the late nineteenth century that were promulgated in the wake of the Industrial Revolution to protect the newly-emerging industries. During that time the courts in Michigan and elsewhere grafted on to the general principles of negligence law liability rules such as assumption of risk, contributory negligence, and the fellow servant doctrine, all of which had the effect of denying recovery to workers and other victims of industrial accidents. Beginning in the middle of the twentieth century, however, the Michigan Supreme Court began excising its constitutional power to make changes in the common law, expanding significantly the scope of tort liability in Michigan. Emphasizing that "rules created by the court could be altered by the court," and that the court had a "corrective responsibility when dealing with judge-made law," the Court, in approximately a 30 year period: eliminated the imputed negligence doctrine, under which the driver's negligence was imputed to the passenger in the passenger's suit against a third party; eliminated charitable immunity as a defense to a tort action; held that a wife could maintain at tort action for loss of her husband's consortium; abrogated the defense of assumption of risk, which had been applied outside of the employment area, held that there could be recovery for pre-natal injuries and finally abolished contributory negligence as a complete bar to recovery in favor of a comparative negligence approach. In these cases the Court discussed the relevant policy considerations influencing their decisions with respect to the common law rule at issue. In the last quarter century, the Court continued to take into account policy considerations in developing the common law, but not infrequently there was disagreement on the Court as to where policy considerations should lead, with some Justices arguing that policy considerations supported the imposition of tort liability, while other Justices argued that they did not.The article concludes that it has been demonstrated that in the development of the common law of Michigan, the Michigan Supreme Court has at all times engaged in judicial policymaking. From the liability-limiting rules of the late nineteenth century designed to protect the newly-emerging industries in this state, to the Court's exercise of its power to change the common law in Michigan over a 30 year period by expanding significantly the scope of tort liability in Michigan, to its recognition of new claims, such as a child's right to recover for loss of a parent's consortium caused by a negligent injury, to its imposition of limits on tort recovery, such as the open and obvious doctrine, the Court has invoked considerations of policy in support of its decisions. In these cases, the Court's invocation of policy considerations was sometimes accompanied by substantial disagreement among members of the Court over where policy should lead, but at no time did the Court ever suggest that separation of powers considerations should somehow operate as a kind of restraint on the Court's use of policy in the development of the common law. It is the power and responsibility of the Michigan Courts under the Michigan Constitution to make policy choices in formulating the common law. (shrink)

John Rawls produced two versions of the law of peoples: an article, published in 1993, and a book, published in 1999. Both versions defend basic human rights as a minimum requirement of a just law of peoples. However, in an apparent effort to strengthen his defense of this requirement, the argument changed. This paper examines the apparent difficulties that forced the changes and maintains that they still do not succeed in justifying basic human rights. The source of the difficulty, I (...) argue, is Rawls’s reluctance to impose liberal values on nonliberal societies, and the imposition of such values, I suggest, is unavoidable if basic human rights are to be justified. Hence, if our best attempts to justify basic human rights ultimately show that appeals to liberal values are unavoidable, then we should regard such appeals as no more of an imposition than the expectation that all societies must protect basic human rights. Even more significantly, if such appeals justify liberal freedoms that go beyond basic human rights, then arguments in support of basic human rights would also justify international efforts to advance further liberal reforms within nonliberal societies. (shrink)

This article challenges the widespread assumption that Plato’s valuation of medicine remains steady across the corpus. While Plato’s opposition to poetry and sophistry/rhetoric endures, in the Laws he no longer views medicine as a rival concerning phusis and eudaimonia. Why is this dispute laid to rest, even as the others continue? This article argues that the Laws’ developments with a bearing onmedicine stem ultimately from the philosopher-ruler’s disappearance. The deeper appreciation of good medical practice that ensues, combined with an array (...) of sociopolitical mechanisms for detecting injustice, means that the health care setting is no longer—as in the Republic—the crossroads where judgments of the whole person must be made. For the first time, by Plato’s lights, medicine may be a truly self-standing technē. (shrink)

The action of social laws cannot be conceived of apart from the active role of the human subject, without the participation of the subjective factor in the historical process. This viewpoint seems to me to be the only correct one. It derives from the premise, postulated by Marxism, that people's social activity must be regarded as a mode of existence of social reality, the embodiment of the social form of movement of matter, and a mode of functioning of social (...) laws themselves. All social reality, considered as a whole, all so-called "humanized nature," preserves and reproduces itself only if it is embodied in living human activity and by means of it. For example, Marx observed that a machine taken out of the productive process ceases to be a productive force of society. He emphatically rejected the notion that the objective embodiments of the historical process could function and develop automatically, independently of people, and pointed out the dependence of their social functions on living human activity. All objective embodiments of the historical process are only intermediate links and aspects of a process in which individuals renew themselves as they renew the world created by them. (shrink)

This article examines the various Liar paradoxes and their near kin, Grelling’s paradox and Gödel’s Incompleteness Theorem with its self-referential Gödel sentence. It finds the family of paradoxes to be generated by circular definition–whether of statements, predicates, or sentences–a manoeuvre that generates pseudo-statements afflicted with the Liar syndrome: semantic vacuity, semantic incoherence, and predicative catalepsy. Such statements, e.g., the self-referential Liar statement, are meaningless, and hence fail to say anything, a point that invalidates the reasoning on which (...) the various paradoxes rest. The seeming plausibility of the paradoxes is due to the fact that often the sentence used to make the pseudo-statement is ambiguous in that it may also be used to make a genuine statement about the pseudo-statement. Hence, if a formal system is to avoid ambiguity and consequent paradox and contradiction, it must distinguish between the two statements the sentence may be used to make. Gödel’s Theorem presents a further complication in that the self-reference involved is sentential rather than statemental. Nevertheless, on the intended interpretation of the system as a formalization of arithmetic, the self-referential Gödel sentence can only be an ambiguous statement, one that is both a pseudo-statement and its genuine double. Consequently, the conclusions commonly drawn from Gödel’s theorem must be deemed unwarranted. Arithmetic might well be formalized in a proper system that either excludes circular definition or introduces disambiguators. (shrink)

The purpose of this research is to gain a better understanding of the role of abstraction and idealization in Galileo’s scientific inquiries about the law of inertia, which occupies an important position in the history of science. We argue that although the terms “abstraction” and “idealization” are variously described in the recent literature, the concepts must be adopted to highlight important epistemological problems. In particular, we illustrate the importance of abstraction and idealization for the formation of the law of (...) inertia by establishing a distinction between two types of entities: quasi-ideal entities and idealized entities. These theoretical laws should therefore be justified, using deduction and induction, through quasi-idealized entities based on data from the everyday world. (shrink)

The point of departure of David Ellerman's paper is that the role of labour in economics can be looked at in a fundamentally different way than has typically been the case. The paper's purpose is, therefore, oppositional. However, it cannot simply be dismissed. It is clearly articulated, well reasoned, and most importantly, thought provoking. It requires one to rethink how one conceives some basic issues in economics. As such, one does not need to be entirely convinced by the argument to (...) consider it worthy of dissemination. At the same time, if one subscribes to the ethic of structured or critical pluralism one must also consider the pressure points of the argument (see Dow, 2004; Dobusch and Kapeller, 2012). Below, I briefly reconstruct Ellerman's core claims and provide some comment on that argument. Read David Ellerman's paper "The Labour Theory of Property and Marginal Productivity Theory". (shrink)

The possible future use of lethal autonomous weapons systems (LAWS) and the challenges associated with assigning moral responsibility leads to several debates. Some authors argue that the highly autonomous capability of such systems may lead to a so-called responsibility gap in situations where LAWS cause serious violations of international humanitarian law. One proposed solution is the doctrine of command responsibility. Despite the doctrine’s original development to govern human interactions on the battlefield, it is worth considering whether the doctrine of command (...) responsibility could provide a solution by applying the notion analogously to LAWS. A fundamental condition underpinning the doctrine’s application is the control requirement, stipulating that a superior must exert some degree of control over subordinates. The aim of this article is to provide an in-depth analysis of this control condition and assess whether it leads to the impossibility of applying the doctrine of command responsibility to LAWS. To this end, the first section briefly introduces the topic of LAWS and responsibility gaps. The subsequent section provides a concise overview of the doctrine itself and the conditions typically necessitated for its application. In the third section, a comprehensive scrutiny of the control requirement is undertaken through examination of key case law, examining how the concept has been interpreted. Finally, the fourth section delves into the evaluation of commanders’ potential to exert effective control over their (non-human) subordinates. Based on this, the feasibility of considering command responsibility as a viable solution is assessed, aiming to determine whether its application should be prima facie excluded or warrants further exploration. (shrink)

There are important reasons for states to recognize and enforce the judgments of other states’ courts. There are also reasons that may militate against recognition or enforcement of certain foreign judgments, making it appropriate to calibrate or “fine tune” the presumption favoring recognition and enforcement so it is not applied too broadly. Most calibration principles, such as the principle that a judgment from a court lacking jurisdiction should not be recognized, are case-specific. However, one calibration principle that is, to our (...) knowledge, unique to the law of the United States stands out: the principle of systemic calibration, according to which U.S. courts must not recognize or enforce foreign judgments “rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law.” In this Article, we aim to shed empirical light on how U.S.-style systemic calibration operates in practice. We find that state-of-origin indicator scores related to systemic adequacy are on average higher when U.S. courts recognize or enforce foreign judgments than when they refuse to do so. Moreover, the probability of recognition and enforcement increases as these indicator scores increase. However, in only six of the 587 opinions in our dataset did a court refuse recognition or enforcement based explicitly on the systemic inadequacy ground. Thus, while the level of systemic calibration in U.S. courts is high, it is mostly achieved implicitly. Finally, even judgments from states with low systemic adequacy scores are sometimes recognized or enforced by U.S. courts. (shrink)

Protracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without excluding? Is an authoritative politics of boundaries possible that (...) neither postulates the possibility of realising an all-inclusive global legal order nor accepts resignation or political paralysis in the face of the globalisation of inclusion and exclusion? These pressing questions guide this book, opening up a vast field of enquiry that demands integrating sociological, doctrinal and philosophical perspectives and insights. (shrink)

Nozick (1977) formulated a challenge to Austrians related to the application of the Law of diminishing marginal utility in the context of notion of indifference. To be able to claim that the value or attributed utility of the subsequent units of goods decreases, we must compare comparables, even if deliberate choice means that we have chosen a particular as being value-different. This causes a logical paradox. One cannot be indifferent and demonstrate a particular preference at the same time. It (...) is mutually exclusive. The paper discusses a critique of Wysocki (2021), who proposes a solution to the paradox in terms of a counterfactual perception of the Law. The critique points to the essence of why neo-Misesians cannot resolve the paradox, which lies in the interpretation of the origin of valuation within the particular value scale. The paper offers an alternative solution based on Hayek’s concept of mental order-ness with the implication of the general applicability of the Law to any order in reality. (shrink)

In the past few years an increasing number of colleges and universities have added courses in biomedical ethics to their curricula. To some extent, these additions serve to satisfy student demands for "relevance. " But it is also true that such changes reflect a deepening desire on the part of the academic community to deal effectively with a host of problems which must be solved if we are to have a health-care delivery system which is efficient, humane, and just. (...) To a large degree, these problems are the unique result of both rapidly changing moral values and dramatic advances in biomedical technology. The past decade has witnessed sudden and conspicuous controversy over the morality and legality of new practices relating to abortion, therapy for the mentally ill, experimentation using human subjects, forms of genetic interven tion, suicide, and euthanasia. Malpractice suits abound and astronomical fees for malpractice insurance threaten the very possibility of medical and health-care practice. Without the backing of a clear moral consensus, the law is frequently forced into resolving these conflicts only to see the moral issues involved still hotly debated and the validity of existing law further questioned. In the case of abortion, for example, the laws have changed radically, and the widely pub licized recent conviction of Dr. Edelin in Boston has done little to foster a moral consensus or even render the exact status of the law beyond reasonable question. (shrink)

The article examines some features of the philosophical-anthropological approach to the cognitive activity of a person, which is presented in it primarily as the «of-being-relationship» of a person to his world. The peculiarities of this approach to cognition are primarily due to the following. All contemporary philosophical trends, such as the transcendental-critical approach, evolutionary theory, existentialism, or various representatives of the linguistic turn, always come from the (cognitive) achievements of culture (intentional, intersubjectively constituted, immersed in the specifics of the subjectivity (...) of consciousness, language, etc. ) and from there they try to investigate the factors enabling the subject's achievements; or, like the evolutionary theory, ultimately level out the essential difference in the principle of organization of human life, limiting it to the adaptive self-preservation of the organism. The philosophical-anthropological approach is based on the laws of the organic as a prerequisite for all cultural formations, from the vital process, and precisely from its fateful breakthrough for the human figure, from which it tries to derive the cognitive relationship as one of the mediators, which contributes to overcoming this gap and restoring the vital cycle in the human world. Accordingly, the cognitive relationship acts as a relationship that emerges in the very being, woven into the specific functionality of a living being, a person. And reflexively decisive here is not "exclusively" the internal status of the subject-object-splitting of the fact of knowledge, but its, so to speak, fully cognitively capable presence as an essential relation. The being of cognition does not arise, it only "does not disappear"; it "accompanies" the entire process of anthropogenesis, during which only an increase in the intensity of the unity of being is observed. As a conclusion, it would be appropriate to demand: scientific thinking, by its type of organization and objective intent, must resort to methodological and conceptual self-criticism, and pay attention precisely to the substantive importance of its anthropological foundations, that is, not simply to certain personal or community circumstances in which a scientist or the scientific community work, and on the anthropic principle as an internal principle, on the basis of which the constitutive interpretation of knowledge as such takes place. (shrink)

With a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' - Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political (...) philosophy and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek's influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the 'Big Society'. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future. (shrink)