Zusammenfassung Baseball ist in den USA Nationalsport. Das Spiel genießt seit über einhundert Jahren eine institutionelle Sonderstellung. Viele Amerikaner, vom gewöhnlichen Fan bis hin zu Wissenschaftlern und Intellektuellen, pflegen einen innigen emotionalen Zugang zum Baseball. Die folgende Studie zeichnet nach, wie Baseball zu nationaler und kultureller Besonderheit gelangte. In einem langen Prozess verwandelte die amerikanische Gesellschaft Baseball in ein patriotisches Ritual, das die Größe der amerikanischen Nation zum Ausdruck bringt und so der Herstellung und dem Erhalt nationaler Integration dient. (...) Um die emotional geladene Bedeutung des Spiels innerhalb der amerikanischen Kultur zu erfassen, wendet die Studie die Klassifikationstheorie von Emile Dürkheim an, nach der Individuen und Gesellschaften Phänomene besonderer Bedeutung wie etwas Heiliges behandeln. Der Blickwinkel der Studie ist der des außenstehenden Beobachters, der beschreibt, wie sich die amerikanische Gesellschaft durch das Medium Baseball selbst beschreibt. (shrink)

Die besonderen Bedingungen der griechischen Sprache und ihrer langen Geschichte seit den Zeiten Homers haben schon seit der klassischen Epoche und zunehmend im Hellenismus und der Kaiserzeit Probleme der korrekten Akzentuierung und Orthographie aufgeworfen. Zumal die gelehrten hellenistischen und kaiserzeitlichen Editoren und Interpreten der homerischen Gedichte und anderer frühgriechischer und klassischer Poesie mußten zu unzähligen strittigen Fragen des Akzents und der richtigen Schreibung Stellung beziehen. Im 2. Jahrhundert n. Chr. hat der aus Alexandreia gebürtige, in Rom tätige Grammatiker Ailios (...) Herodianos über beide Bereiche umfassende Bücher verfaßt. Auf Aufforderung Kaiser Mark Aurels (und diesem gewidmet) schrieb er sein gewaltiges Hauptwerk in 21 Büchern, die Καθολιϰη πϱοσωδία („Allgemeine Akzentlehre“) und ebenfalls ein umfangreiches Buch Πεϱι οϱθογϱαϕίας. Beide sind wie alle seine anderen Werke bis auf die Schrift Πεϱι μονήϱους λέξεως verloren. Mit geradezu herodianischem Fleiß hat A. Lentz eine Rekonstruktion des Verlorenen unternommen. Man muß leider sagen, daß die Zeit für eine solche Rekonstruktion noch nicht reif war; einerseits mußte Lentz für fast alle Quellschriften auf Editionen zurückgreifen, die auf völlig unzureichender handschriftlicher Basis erstellt waren, andererseits konnte er noch nicht die spektakulären Handschriftenfunde R. Reitzensteins und die daraus resultierenden umstürzenden Ergebnis zur Kenntnis nehmen. „Es liegt eine Tragik darin, daß ein unter den größten Schwierigkeiten geleistetes Lebenswerk durch die Fahrlässigkeit der Herausgeber, deren Leistungen Lentz zugrunde legen mußte, von vornherein auf ungenügendem Fundament ruhte.“ Sowohl für den Bereich der Akzentlehre („Orthoepik“) wie den der Orthographie der Spätantike und der byzantinischen Zeit hat Peter Egenolff in zwei bahnbrechenden Schulprogrammen einen Überblick über die unzähligen Traktate in der Nachfolge Herodians und die sie tradierenden Handschriften geliefert. Egenolffs Arbeiten sind naturgemäß stark veraltet, da zahlreiche Handschriften erst nach ihm bekannt wurden und sehr viele neue Erkenntnisse auf dem Gebiet der griechischen Grammatik und Lexikographie seither erzielt worden sind. Aber Egenolffs Sammlungen und Überblicke sind bisher nicht überholt worden und werden auch für das Gebiet der Orthographien durch das hier zu behandelnde Werk leider nicht wirklich ersetzt. (shrink)

Die Existenz einer zentralisierten, funktional differenzierten, professionalisierten und hierarchisch gegliederten Bürokratie gilt seit jeher als ein charakteristisches Merkmal spätrömischer Staatlichkeit. Tatsächlich stellte dieser Apparat in seinen Dimensionen und in seiner Komplexität alles in den Schatten, was das griechisch-römische Altertum vorher aufzuweisen hatte, auch wenn seine Ausbildung bereits in der frühen Kaiserzeit begann und sich im Laufe des 3. Jahrhunderts rapide beschleunigte, wie jüngst Peter EICH (Zur Metamorphose des politischen Systems in der römischen Kaiserzeit. Die Entstehung einer „personalen Bürokratie“ im (...) langen dritten Jahrhundert. Berlin 2005) mit guten Argumenten wahrscheinlich gemacht hat. Auch ist unbestreitbar, daß diese Bürokratie als Instrument der Zentralisierung staatlicher Funktionen diente und daher den Handlungsspielraum lokaler Autoritäten, der in der frühen Kaiserzeit nach modernen Kriterien sehr groß gewesen war, zunehmend einengte. Der in Cambridge lehrende Althistoriker Christopher KELLY geht der Frage nach, wie diese auf ein monarchisches Zentrum ausgerichtete Bürokratie funktionierte und welche Auswirkungen ihre Existenz für Regierende und Regierte hatte. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Evgeny Zamiatin's "The Cave"Timothy LangenEvgeny Zamiatin's short story "The Cave," like Fyodor Dosto- evsky's novel Crime and Punishment, has at its dramatic center a single criminal act, and as its philosophical preoccupation the reasons for and the results of that act. The act in "The Cave" is not murder but theft, the theft of scarce firewood from a downstairs neighbor. The result, unlike Dostoevsky's, is rapid detection, confrontation, and (...) then suicide. The reasons, however, are somewhat more complex, and as with Dostoevsky they reach beyond merely topical sensation to touch a paradox that lies close to the heart of human civilization.The immediate reasons are topical and simple enough. Martin Martinych and Masha live together on the brink of hypothermic death during the predictable cruelty of a Petrograd winter and the exceptional horror of the Russian Civil War. Nearly everyone in the city is freezing and starving, and the precariousness of existence has led people to trade the luxuries of civilized life for the barest essentials of physical survival. Books and sheet music shift imperceptibly from repositories of memory and culture into combustible objects good for a few more minutes of life-saving warmth. Favorite rooms are abandoned as not worth the cost of heating, and Martin Martinych sacrifices his conscience for a few scraps of wood. Indeed, Zamiatin prepares the crime at least as sympathetically as does Dostoevsky: the victim, Obertyshev, is every bit as dislikable as Dostoevsky's pawnbroker; he hoards his considerable supply of wood in total indifference to the suffering of his neighbors. Moreover, Mart's crime, unlike Raskolnikov's [End Page 209] in Crime and Punishment, hardly injures the victim, who seems to suffer a purely mental affront when some of his stash has been stolen. We would like to think that in Raskolnikov's place we would not commit his crime; in Mart's place, however, we might well be excused for following his example and filching a few sticks of wood from a man who doesn't need them.However, it is not an easy decision for Mart, and Zamiatin describes it as a battle between two Marts, bifurcated by the extreme deprivation of his circumstances into a purely animal Mart, a "caveman" who says only "I must," and another Mart clinging tenaciously in memory, a Mart who used to love the music of Scriabin and who now, standing before Obertyshev's ample woodpile, says "I may not." The caveman prevails, Mart brings the wood upstairs, and he and Masha enjoy a day of warmth. At the end of the day, the chairman of the housing committee confronts Mart, assuring him that he too detests Obertyshev, but advising Mart to return the wood or else face legal consequences. Alas, there is none to return. In despair Mart reaches for a vial of poison that he has apparently reserved for that moment when the suffering of life outweighs the hope—but Masha, who is further gone than he, insists on taking the single portion herself. She instructs Mart to go outside for a little walk while she does the deed. He does so, and here the story ends.Zamiatin was trained as an engineer and early in his career he worked both as a technical writer and as a writer of fiction, and so it is tempting see behind this story a mechanical vision of human existence that is something like a physical structure. The structure of human civilization, according to this view, is built on an essential framework without which the entire thing would collapse, and to which every other part of the structure must be sacrificed if need be. Physical existence is part of this framework: it is the precondition of any human civilization, and the ornaments of that civilization must when necessary be devoured to ensure the continued survival of human beings. The burning thirst of physical necessity must be slaked before we can irrigate the lush fields of beauty, kindness, and imagination. Books are for reading, but in some circumstances they are more valuable as kindling.In the writing of some psychologists—most notably Abraham Maslow—there appears a "hierarchy of human needs" that... (shrink)

Was ist zu Beginn des 21. Jahrhunderts von einer Auseinandersetzung mit der Philosophie Johann Gottlieb Fichtes zu erwarten, die sich darum bemuht, die Konstitution von Subjektivitat herauszuarbeiten? Kann es nach dem 'Tod des Subjektes' und der neurobiologischen Erforschung des Bewusstseins ein Interesse an Fichte geben, das mehr als ein historisches ist? Das Ziel der vorliegenden Arbeit ist es, anhand Fichtes Kritik an dem psychologischen Konzept der Seele seine Konstitution von Subjektivitat als mogliche Grundlage fur systemisches Denken und Arbeiten zu erweisen. (...) Zwingende Vorraussetzung, um Fichtes Philosophie zur heutigen Subjektivitats-Debatte hin zu offnen, ist es dabei allerdings, immer noch weit verbreitete Missverstandnisse uber die Wissenschaftslehre zu beheben: Einschatzungen wie 'Grossenwahn' oder 'Narzissmus' gilt es zu widerlegen, um eine neue Lesart der Wissenschaftslehre zu fordern, um damit wiederum ihr volles Potential frei zu legen. (shrink)

: Our paper discusses the epistemic attitudes of particle physicists on the discovery of the Higgs boson at the Large Hadron Collider. It is based on questionnaires and interviews made shortly before and shortly after the discovery in 2012. We show, to begin with, that the discovery of a Standard Model Higgs boson was less expected than is sometimes assumed. Once the new particle was shown to have properties consistent with SM expectations – albeit with significant experimental uncertainties –, there (...) was a broad agreement that ‘a’ Higgs boson had been found. Physicists adopted a two-pronged strategy. On the one hand, they treated the particle as a SM Higgs boson and tried to establish its properties with higher precision; on the other hand, they searched for any hints of physics beyond the SM. This motivates our first philosophical thesis: the Higgs discovery, being of fundamental importance and establishing a new kind of particle, represented a crucial experiment if one interprets this notion in an appropriate sense. By embedding the LHC into the tradition of previous precision experiments and the experimental strategies thus established, underdetermination and confirmational holism are kept at bay. Second, our case study suggests that criteria of theory preference should be understood as epistemic and pragmatic values that have to be weighed in factual research practice. The Higgs discovery led to a shift from pragmatic to epistemic values as regards the mechanisms of electroweak symmetry breaking. Complex criteria, such as naturalness, combine epistemic and pragmatic different values, but are coherently applied by the community. (shrink)

There has been a groundswell of interest in the account of modality that Kant sets forth in his pre-Critical Only Possible Argument. Andrew Chignell's reconstruction of Kant's theistic argument in terms of what he calls has a prima facie advantage in that it appears to be able to block the plurality objection (namely, that even if every modal fact presupposes some ground, this does not entail that all modal facts share the same ground). I argue that it is both textually (...) and philosophically problematic to interpret Kant's argument in terms of real harmony. Then, I set forth an alternative response to the plurality objection which does not require the adoption of the problematic notion of real harmony. Instead, I argue that the objection can be overcome by observing that the argument seeks to ground modal facts as a totality and that, according to Kant, such relations can be accounted for only by their schematization in a single intellect. (shrink)

All nursing courses in the UK include ethics in the curriculum, although there is considerable variation in the content of ethics courses and the teaching methods used to assist the acquisition of ethical reasoning. The effectiveness of ethics courses continues to be disputed, even when the perceptions and needs of students are taken into account in their design. This longitudinal study, carried out in the UK, but with implications for nurse education in other developed countries, explored the ethical understanding of (...) nursing students and changes in their understanding and approaches to practice over their four years of training (1995-1999). The data collection tools were a questionnaire originally piloted prior to the 1995 study, from which the present study developed, and five vignettes describing ethical dilemmas in health care also piloted in 1995. Students’ thinking progressed as they became more mature as individuals and professionals, although this progress was not necessarily in the direction of greater certainty. Suggestions are made to help nurse educators to maximize the effectiveness of ethics courses in transmitting the skills of ethical reasoning. (shrink)

This article is the introduction of the volume The Many-Headed Hydra. The Hidden History of the Revolutionary Atlantic, to be published by Amsterdam, a historical investigation of the multi-ethnique class which formed the cheap workforce which made possible the rising of capitalism and of modern transatlantic economy, since the beginning of 17th century. A motley crowd made by merchants, pirates, workers, women, soldiers, convicted criminals, religious radicals, etc. developed forms of resistence and mutual cooperations, in order to escape the deep (...) exploitation of the workforce, taking place in an economy already globalised. The authors tell the story of the role played by these wretched of modern world and of their fight for liberty. (shrink)

Shows that the dialogue in Plato's Phaedo is primarily devoted to presenting Socrates' final defense of the philosophical life against the theoretical and political challenge of religion.

According to the growing block ontology of time, there (tenselessly and unrestrictedly) exist past and present objects and events, but no future objects or events. The growing block is made attractive not just because of the attractiveness of its ontological basis for past-tensed truths, the past’s fixity, and future’s openness, but by underlying principles about the right way to fill in this sort of ontology. I shall argue that given these underlying views about the connection between truth and ontology, growing (...) blockers incur an ontological commitment to an infinite number of temporal dimensions (“hypertime”). This commitment to hypertime generates a vicious explanatory regress. It also undermines the idea that the reality of the past is sufficient to explain why truths about the past are fixed. Both of these implications are highly unattractive; growing blockers would do well to clarify what other motivations they can offer for their view and how they can avoid these consequences. (shrink)

The 1929 between Martin Heidegger and Ernst Cassirer has long been viewed by intellectual historians as a paradigmatic event not only for its philosophical meaning but also for its apparently cultural-political ramifications. But such interpretations easily lend legitimacy to a broader and recently ascendant intellectual-historical trend that would reduce philosophy to an allegorical expression of ostensibly more or instrumentalist meanings. However, as this essay tries to show, the core of the dispute between Cassirer and Heidegger is irreducibly philosophical: the Davos (...) debate brought into focus the emergent themes of the so-called of the 1920s, and cast new light upon neo-Kantian doctrines as to the status of objectivity and the possibility for intersubjective consensus in both knowledge and ethics. The Davos encounter cannot be retroactively decided on political or cultural grounds, since it concerns just that unresolved tension between transcendentalism and hermeneutics that is itself constitutive of intellectual history as a discipline. (shrink)

In his doctoral dissertation Von der mannigfachen Bedeutung des Seienden nach Aristoteles Brentano tried to show that (against criticism of this) one could indeed give a principle defense of Aristotle's table of categories as a coherent system. In later texts Brentano appears sharply critical of Aristotle, mainly in respect to Aristotle's mereology, or theory of part and whole, and to his theory of substance and accident. It is argued that Brentano hadn't observed that Aristotle's belief that there are as many (...) predicative senses of 'be' as there are categories of being is based not on his mereology but on his theory of definition. Overlooking this Brentano was led to far reaching inadequate ontological consequences. (shrink)

ABSTRACTDoes knowledge entail belief? This paper argues that the answer depends on how one interprets ‘belief’. There are two different notions of belief: belief as such and belief for knowledge. They often differ in their degrees of conviction such that one but not both might be present in a particular case. The core of the paper is dedicated to a defense of this overlooked distinction. The beginning of the paper presents the distinction. It then presents two cases which are supposed (...) to back up the claim that there is an important distinction here; I also offer some explanations concerning the structure of these cases. Finally, I add further considerations in support of the core thesis, and discuss objections. The distinction is important as such but also has interesting implications concerning the much discussed ‘entailment thesis’ according to which knowledge entails belief. It is argued here that even if knowledge entails belief-for-knowledge, it does not entail belief-as-such. This constitutes an interesting middle position and compromise in the philosophical debate about the entailment thesis. One further implication of this paper is that the discussion about the entailment thesis needs to take degrees of conviction seriously. Still another implication is that epistemic contextualists can deal very well with the relevant phenomena. (shrink)

We conceive of the natural world as populated by relatively persistent material things standing in spatio-temporal relations to each other. They come into existence, exist for a time, and then pass away. We locate them relative to landmarks and to other material things in the landscape which they, and we, inhabit. We characterize them as things of a certain kind, and identify and re-identify them accordingly. The expressions we typically use to do so are, in the technical terminology derived from (...) Aristotle, names of substances.1 The term ‘substance’ has two distinct, but importantly linked, meanings. In the Aristotelian sense, a substance (more accurately, ‘a primary substance’) is a concrete individual thing of a given kind, such as a particular human being (Socrates), a given tree (such as Gautama’s Bo-tree) or a certain stone (the Kohinoor). The general kind (the ‘secondary substance’ in Aristotle’s terminology) to which the individual substance belongs is specified by a substance-name (‘human being’, ‘pipal tree’, ‘diamond’). Individual substances are the basic objects of reference and subjects of predication in our conceptual scheme. They are things of one kind or another (specified by a substance-name, as when we say that Socrates is a man). They are qualified by numerous properties, specified by non-substantial predicates (for example, is in the agora, is snub-nosed, or is a philosopher), but they are not themselves predicable of things – Socrates cannot be said to qualify anything or to be true of anything (as opposed to being like Socrates, which is a relational property some rare people may have) . Nor can the proper name ‘Socrates’ be said to be true of anything, by contrast with the identifying phrase ‘is Socrates’, which is true of the teacher of Plato, and tells us who he is. Characterizing an individual as a thing of a given kind by using such a (secondary) substance-name answers the question of what the thing is. Grasp of the substance name implies knowledge of what being a such-and-such consists in, in so far as that is logically (or, in the extended sense of the term, grammatically) determined.. (shrink)

The foundational status that Edmund Husserl envisages for phenomenology in relation to the sciences would seem to suggest that the successful unfolding of contemporary debates in the field of social cognition will be conditioned by progress in resolving certain central controversies in the phenomenology of intersubjectivity, notably in long-standing questions pertaining to the priority of subjectivity in relation to intersubjectivity, and the priority of empathy in relation to other forms of intersubjectivity. That such controversies are long-standing is in no small (...) part attributable to the fact that the debate surrounding Husserl’s seminal attempts to elucidate these problems has placed his account, and certainly his published position, under a certain amount of pressure, pressure which stems from the suspicion that intentionality toward others may be more deeply embedded in subjectivity than the Husserl of Cartesian Meditations seems prepared to admit. Is the primordinally reduced solipsistic subject of the Fifth Meditation really capable of discovering intersubjectivity in the way that Husserl describes, or is such putative discovery (indeed, subjective transformation) already conditioned by a more primitive form of intersubjectivity? This paper investigates two ways in which this kind of “circularity” objection might arise. Firstly, it might be argued that Husserl presupposes an external perspective on one’s own body, a perspective which rationally would have to be correlated with an indeterminate foreign subjectivity. Secondly, the view has been advanced (Zahavi in Husserl and transcendental intersubjectivity: a response to the linguistic-pragmatic critique. Ohio University Press, Athens, OH, 2001b) that horizonal perceptual awareness of another spatio-temporal entity turns out to be essentially intersubjective, on the grounds that awareness of some of an object’s averted aspects commits one to positing the possibility in principle of those averted aspects being available to an indeterminate foreign subjectivity. Objections such as these seem to place the phenomenological enquiry into the encounter with another person at something of a crossroads. On the one hand, they have led some to argue that basic empathy, as Husserl conceives it, must indeed be conditioned by the anonymous constituting influence of a more primitive form of intersubjectivity. On the other hand, the option remains open to seek to defend Husserl’s published position against the charges of circularity. This paper pursues the latter alternative, and argues that, with appropriate clarification, the objections from circularity can be convincingly answered. It will be argued that the key to understanding why the standard Husserlian position can be sustained lies in recognising the centrality of the activity of the imagination as a condition for the possibility of intersubjectivity. (shrink)

This paper reports a literature review on the topic of ethical issues in in-depth interviews. The review returned three types of article: general discussion, issues in particular studies, and studies of interview-based research ethics. Whilst many of the issues discussed in these articles are generic to research ethics, such as confidentiality, they often had particular manifestations in this type of research. For example, privacy was a significant problem as interviews sometimes probe unexpected areas. For similar reasons, it is difficult to (...) give full information of the nature of a particular interview at the outset, hence informed consent is problematic. Where a pair is interviewed (such as carer and cared-for) there are major difficulties in maintaining confidentiality and protecting privacy. The potential for interviews to harm participants emotionally is noted in some papers, although this is often set against potential therapeutic benefit. As well as these generic issues, there are some ethical issues fairly specific to in-depth interviews. The problem of dual role is noted in many papers. It can take many forms: an interviewer might be nurse and researcher, scientist and counsellor, or reporter and evangelist. There are other specific issues such as taking sides in an interview, and protecting vulnerable groups. Little specific study of the ethics of in-depth interviews has taken place. However, that which has shows some important findings. For example, one study shows participants are not averse to discussing painful issues provided they feel the study is worthwhile. Some papers make recommendations for researchers. One such is that they should consider using a model of continuous (or process) consent rather than viewing consent as occurring once, at signature, prior to the interview. However, there is a need for further study of this area, both philosophical and empirical. (shrink)

Although Brentano generally regarded himself as at heart a metaphysician, his work then and subsequently has always been dominated by the Psychology. He is rightly celebrated as the person who reintroduced the Aristotelian-Scholastic notion of intentio back into the study of the mind. Brentano's inspiration was Aristotle's theory of perception in De anima, though his terminology of intentional inexistence was medieval. For the history of the work and its position in his output may I refer to my Introduction to the (...) reprinted English translation. Alongside Aristotle the work shows influences of Descartes, Comte and the British empiricists. The theory of intentionality presented in the Psychology is much less modern and less plausible than almost all recent commentary would have it, and was in any case not where Brentano's main interest lay. Intentionality simply served to demarcate mental phenomena from physical, in Book One, but the main aim was a classification of the mental, outlined in Book Two. Books Three to Five were to have dealt in detail with the three main classes of presentations, judgements and feelings, with the final book considering the metaphysics: mind-body and the immortality of the soul. Brentano's shifting views, recently documented in English with Benito Muller's translation of Descriptive Psychology, a work from the transitional 1890s, made the original plan obsolete. The role of an a priori, philosophical or descriptive psychology, methodologically prior to empirical-experimental genetic psychology, foreshadowed and influenced Husserl's notion of phenomenology, and Brentano's Comtean methodological epoche of desisting from controversial metaphysical statements in favour of an examination of the phenomena likewise presaged Husserl's more ponderous phenomenological reductions. Brentano's other work covers most areas of philosophy, notably ethics, where he upheld a form of a priori intuitionism much admired by G. E. Moore, the philosophy of religion, metaphysics, philosophy of language, deductive and inductive logic, and the history of philosophy. I shall mention just two areas. In his logic lectures from 1866 onwards (a compilation published 1956) Brentano rejected the subject-predicate analysis of simple judgements and proposed instead (for which he apparently secured written assent from Mill) that all judgements are logical compounds of positive and negative existential judgements. For example the universal judgement All men are mortal becomes the negative existential There are no immortal men. On this basis Brentano radically simplified the inference rules of deductive logic. While unlike de Morgan, Frege and others he does not go beyond logic's traditional scope by recognising relations, within its bounds his reformed-term logic is simple, elegant and easily teachable. Some of his ideas in logic influenced the young Husserl. Unfortunately Brentano took against mathematical logic, which he wrongly associated exclusively with Hamilton's confused doctrine of the quantification of the predicate. His inductive logic, which takes up by far the greater part of his logic lectures, remains unresearched to this day. (shrink)

This article adopts what Frederick Schauer calls a ‘non-essentialist’ approach to understanding the nature of law, which can be contrasted with the widely practised method of ‘conceptual analysis’. Instead of seeking a set of necessary conditions for the existence of law in all possible worlds, non-essentialism reflects upon pervasive features of actual legal systems. The article focuses on constitutional and administrative law and contrasts modern standard accounts of public law with HLA Hart’s highly influential threefold list of ‘necessary’ types of (...) public ‘secondary rules’: rules of recognition, change and adjudication. The argument is that non-essentialist methodology not only yields a rich descriptive account of certain fundamental characteristics of modern legal systems but also provides theoretically significant insights into how law is conceived in many contemporary societies. Because the resulting account is firmly rooted in actual social and legal practices, it provides a more fine-grained and less abstract theory of those practices than is offered by Hart’s approach, based as it is on hypothetical stories about how law ‘might have developed’. (shrink)