This second edition has been revised to provide additional coherence to the themes examined and introduces sections on topical issues, for example the chapter on Utilitarianism now includes a discussion on law and economics.

The essay replies to comments by Finnis, Gardner and Endicott, on my book, Law as a Moral Idea. It is questioned whether Finnis is right to suggest that governance by law is a requirement of justice. It is suggested that Hart's positivism may have rested upon an unduly private conception of morality. Gardner's suggestion that Law as a Moral Idea falsely manufactures disagreement with Hart is rejected, principally by pointing out that Gardner focuses upon only one issue, where the book (...) already acknowledges that Hart might conceivably agree, and ignores other issues where the disagreement with Hart seems indisputable. In response to Endicott, it is acknowledged that 'politics' could be understood as a moral idea comparable to the idea of 'law', but denied that this robs either thesis of interest. The nature of doctrinal reasoning and law's justificatory force is then discussed. (shrink)

This article discusses the 2005 OUP biography of Michael Polanyi by William T. Scott and Martin X. Moleski S.J., Michael Polanyi, Scientist and Philosopher . The discussants are N. E. Wetherick, Brian G Gowenlock, and John Puddefoot; Martin X. Moleski, S. J. briefly responds, providing a previously unpulished letter from Polanyi to Reverend Dr. Knox, a Presbyterian mininster.

Revisiting the structure/agency debate, the article puts forward the broad position shared by Giddens’structuration theory and Bhaskar's transformational model. It defends Giddens’concept of structure as‘rules and resources’against charges of idealism, arguing that its strength is its focus on the interface of structure and agency. But both Giddens and Bhaskar emphasise social reproduction as an unintended consequence of social action. Taking issue with postmodern pessimism, the article goes on to consider the conditions of possibility, and requisite forms of knowledgeability, for deliberate (...) social transformation. (shrink)

In the article the parameters of the crime novel and crime story that were used by the postwar German novel of the investigation were highlighted and analyzed. The transformation of the range of problems of criminal literature in the new conditions is showed on the material of such works as ‘Aula‘ Kant, ‘Der Fall d’Arthez‘ G.-E. Nossack ‘Buridan’s ass‘ G. de Breun, ‘Gruppenbild mit Dame‘ G. Boell, ‘Black ass‘ L. Rinzer et al. It is demonstrated which formal elements that organize (...) the system of images, time-space and the intersection of ‘voice streams‘, the texts succeed from the twentieth-century enlightenment ‘postpitaval’s‘ prose. Traditions of Schiller, Goethe and others expressed through the ideological setting of the novel of the investigation, the duality of its structure and the relationship of narrative plans. The narrators of investigation novel work for underlining their detachment; they are out of the events and cherish their independence. Masks and aliases are actively used with the view of creating of the effect of ‘non-presence‘. Authors play with the grammatical forms: I am - you are - he is. Therefore, the novel of investigation adopts the social agenda and coherence with the historical period from the tradition of a criminal novel. Ethical measures used by narrators to evaluate the events described are succeeded from tradition as well. Some elements, which stay relevant, are used as productive. (shrink)

H.L.A. Hart’s legal positivism displaces the authority of institutions and emphasizes the independence of personal moral judgment. While such a position has an obvious appeal, we should not fail to acknowledge the extent to which values are articulated within established practices. In this essay, civility and law are offered as examples of practices that embody distinctive values and can properly be understood only by reference to such values. It is suggested that legal positivism is driven by a moral metaphysic wherein (...) abstractly conceived principles confront neutrally described facts. But values cannot, without distortion, be understood in abstraction from the practices and forms of association within which they find expression. The refusal to recognize this fact fosters moral skepticism rather than individual moral responsibility. (shrink)

Rachlin's view of self-control is rejected on the grounds that his arguments do not establish the possibility of abstract, external, stimulus patterns and that his experiments, although they show that pigeons and human beings do sometimes choose postponed rather than immediate gratification, do not challenge the commonly held view that internal factors are involved in the former choice.