This paper argues that solicitors are required to lawyer relationally when delivering independent legal advice (ILA) to (predominantly) women set to provide suretyship for their intimate partner’s debts. Case law tells us that women providing suretyship may be entering the transaction under the coercion of their partner. Coerced debt is a form of economic abuse, which in turn is a form of domestic abuse. ILA in this context therefore provides an important intervention to potentially assist victims of abuse before entering (...) (potentially more) debt at the hands of their abuser. To make ILA purposeful, solicitors must prioritise relational values/dynamics such as consultation, care, judgement, and empowerment; the anti-thesis of market-exchange lawyering which is characterised by the values such as objectivity and detachment. Market-exchange lawyering is also associated with ethical apathy as lawyers prioritise their client’s means-ends above all else, therefore failing to consider the broader implications of those ends (in terms of their client’s best interests and/or the public interest). Drawing on interview data with 22 solicitors, it is demonstrated that most interviewees provide tick-box ILA prioritising completion. That is, most interviewees prioritised values of commerce over values of care when acting for women who may be experiencing economic abuse. (shrink)

Reprint of Volume XVII in Probsthain's Oriental Series. With a Chinese index and an index of names and references. The Book of Lord Shang was probably compiled sometime between 359 and 338 BCE. Along with the Han Fei-Tzu, it is one of the two principal sources of Legalism, a school of Chinese political thought. Legalism asserts that human behavior must be controlled through written law rather than through ritual, custom or ethics because people are innately selfish and ignorant. The (...) law is not effective when it is based on goodness or virtue; it is effective when it compels obedience. This is essential to preserve the stability of the State. Roscoe Pound recommended this book for the study of old Chinese law in Outlines of Lectures on Jurisprudence (5th ed.) 235. (shrink)

I graduated from law school in 1970 and I’ve been proud every day since of being a lawyer. My father was a lawyer, as are our two sons, and I’ve always seen lawyers as democracy’s warriors: the people who protect rights and by protecting rights protect justice. You law students are the future democracy warriors—actually, the future of democracy full stop—so this lecture is dedicated to you and to the hope that you will make justice your transcendent preoccupation, no (...) matter what you decide to do with your law degree. You are, after all, in law school where you have a window on what the law says—guided by your professors—and a window on what the law looks like outside the walls of your classrooms—guided by watching the news. (shrink)

As the originator of the Scottish school of "common sense" philosophy and the foremost contemporary critic of David Hume's moral skepticism, Thomas Reid (1710-1796) played a hitherto unknown role in applying the tradition of natural law to morality and politics. When Reid succeeded Adam Smith as professor of moral philosophy in Glasgow in 1764, he taught a course covering pneumatology (theory of mind), practical ethics, and politics. In presenting for the first time the philosopher's manuscript lectures and papers on (...) practical ethics, Knud Haakonssen shows how these writings not only add depth to Reid's criticism of Hume but also clarify his own social, moral, and political thought. As a whole, Reid's Practical Ethics constitutes a most significant addition of source material for the study of the Scottish Enlightenment. The papers assembled here demonstrate the extent to which the moral philosophy of the Enlightenment was influenced by natural jurisprudence. At the same time they reveal Reid's involvement with republican, utopian, and radical themes and elucidate the relations between religion and politics in the Enlightenment. Haakonssen's introduction is the first substantial systematic treatment of Reid's moral-political thought, connecting it with his general philosophy and setting it in the context of his life and time. (shrink)

This is the first comprehensive overview of the influence of Platonism on the English literary tradition, showing how English writers, including Chaucer, Shakespeare, Milton, Blake, Wordsworth, Yeats, Pound and Iris Murdoch, used Platonic themes and images within their own imaginative work.

Lawyers’ practice in mediation is evolving with the widespread use of processes other than litigation which have been commonly referred to as the alternative dispute resolution (‘ADR’) options in Australia. Legal representation in mediation is part of the changing nature of legal work and is informed by the Australian Solicitors’ Conduct Rules (‘ASCR’) and practice guidelines. This article explores selected areas in the Law Council of Australia Guidelines for Lawyers in Mediation (‘LCA Guidelines’) and the ways that these guidelines provide (...) a normative framework for practice including the incorporation of ethical rules. The article argues that the guidelines should be revised to promote legal practice that includes emotion, which may encourage settlement by assisting in identifying core concerns. It draws on a variety of Australian empirical studies on emotion including lawyers’ practice and judges’ engagement with emotion in their role. It recommends revising the LCA Guidelines to better engage with emotions, and additionally, the opportunity for law school dispute resolution curriculum to incorporate engagement with emotion using the LCA Guidelines is raised. (shrink)

Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and (...) liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes. (shrink)

Satr al-awrah (Hijab /veiling) is one of the obligatory provisions for men and women in Islam. Satr al-awrah, as a religious/jurisprudential term, means covering the parts of the body (awrah) that should be covered by religion. Islamic jurisprudents have disagreed on whether satr al-awrah is a condition of validity for prayer. There are two basic approaches to this issue, one of which belongs to the public (jumhūr including the Hanafī, Shafiī and Hanbalī schools) and the other to the Mālikīs. According (...) to the majority (jumhūr), satr al-awrah is a validity condition of the prayer. Therefore, a prayer performed without fulfilling the satr al-awrah condition is not valid. A prayer performed in this way must be re-performed absolutely within or outside of time. There are two approaches in the Mālikī school regarding whether the satr al-awrah is a condition for the validity of the prayer. The first approach is (partly) the same as the jumhūr. According to the second approach (without any distinction between prayer and outside the prayer), satr al-awrah is a general obligation in Islam and is not a valid condition for prayer.According to the Mālikīs who accept this second view, it is sunnah to comply with the satr al-awrah condition in prayer. On the other hand, in the Mālikī school, awrah is divided into two as ʿawrah mughallaẓa and ʿawrah mukhaffafa in terms of its effect on the validity of prayer. The disagreement about whether the satr al-awrah is a condition of validity for the prayer is related to the ʿawrah mughallaẓa. On the other hand, there is an agreement that the ʿawrah mukhaffafa is not a condition for the validity of the prayer. The disagreement in the classical fiqh doctrine about whether the satr al-awrah is a condition for the validity of the prayer has some jurisprudential consequences. As a matter of fact, according to the majority, whether it is ʿawrah mughallaẓa or mukhaffafa, a prayer performed with an uncovered awrah is not valid and must be re-performed absolutely. In the Mālikī school, there are different opinions depending on whether it is ʿawrah mughallaẓa or mukhaffafa. If the place uncovered on the body is ʿawrah mughallaẓa; According to those who accept the satr al-awrah as a condition for the validity of the prayer, the prayer is not valid and must be re-performed absolutely. After the time has passed, the prayer does not have to be repeated. If the place uncovered on the body is ʿawrah mukhaffafa, according to all Mālikīs, unanimously the prayer is valid. Although it is recommended to reperformed it in time, it is not required to be returned after the time has passed. The following can be said about the practical examples of the disagreement in the classical fiqh doctrine regarding whether the satr al-awrah is a condition for the validity of the prayer, especially in terms of ʿawrah mukhaffafa: According to Mālikīs, who do not accept the validity of the satr al-awrah for prayer, it is valid for women to pray with their heads down, below the knees and with their arms uncovered. Again, according to them, it is valid for men to perform prayers with their thighs/hips (fakhz) uncovered, since it is considered one of the private parts. (shrink)

For centuries in the UK and elsewhere, charities have been widely regarded as admirable and virtuous organisations. Business corporations, by contrast, have been characterised in the popular imagination as entities that lack a capacity for moral judgement. Drawing on the philosophical literature on the moral agency of organisations, we examine how the law shapes the ability of charities and business corporations headquartered in England to exercise moral agency. Paradoxically, we find that charities are legally constrained in exercising moral agency in (...) ways in which business corporations are not. Implications for charities and business corporations are then explored. (shrink)

In recent years the issue of wellbeing has moved centre stage across jurisdictions within a wide range of debates relating to economic, cultural and political changes associated with neoliberalism. This is the backdrop against which the legal profession has itself begun to pay increasing attention to the issue of wellbeing in law. This article explores an aspect of this debate that has tended to be neglected thus far, namely the relationship between the neoliberal corporatisation of universities, gender and questions of (...) wellbeing in the legal profession and law schools. It assesses the meaning of wellbeing in the context of law and considers changes in universities that, it is argued, have reshaped understandings of the academic subject and academic labour in ways that have potential implications for this debate around wellbeing in law. Focusing on gendered dimensions of these shifts, the article argues that the growing literature around wellbeing raises significant questions about legal ethics, values and gender equity in law, as well as about legal professionalism and the place and purpose of legal education and research. Arguing against an individualising logic that would depoliticise personal experience, the paper suggests a complex re-gendering of social relations is having contradictory implications for understanding these contemporary debates around wellbeing, equality and diversity in law. (shrink)

In these two important lectures, distinguished political philosopher Seyla Benhabib argues that since the UN Declaration of Human Rights in 1948, we have entered a phase of global civil society which is governed by cosmopolitan norms of universal justice--norms which are difficult for some to accept as legitimate since they are sometimes in conflict with democratic ideals. In her first lecture, Benhabib argues that this tension can never be fully resolved, but it can be mitigated through the renegotiation of the (...) dual commitments to human rights and sovereign self-determination. Her second lecture develops this idea in detail, with special reference to recent developments in Europe (for example, the banning of Muslim head scarves in France). The EU has seen the replacement of the traditional unitary model of citizenship with a new model that disaggregates the components of traditional citizenship, making it possible to be a citizen of multiple entities at the same time. The volume also contains a substantive introduction by Robert Post, the volume editor, and contributions by Bonnie Honig (Northwestern University), Will Kymlicka (Queens University), and Jeremy Waldron (Columbia School of Law). (shrink)

INTRODUCTORY* Teleology, ok Moeal Causation. 1. Man aim 8 Before studying the laws which gov- at Fruition — ie, ern human actions, it is useful, ...

Fergus Kelly: Thinking in Threes: The Triad in Early Irish Literature Brian Pullan: Charity and Usury: Jewish and Christian Lending in Renaissance and Early Modern Italy Noel Malcolm: The Crescent and the City of the Sun: Islam and the Renaissance Utopia of Tommaso Campanella H. R. Woudhuysen: The Foundations of Shakespeare's Text J. G. A. Pocock: The Re-Description of Enlightenment Andrew Hadfield: Michael Drayton and the Burden of History Eric Foner: Abraham Lincoln: The Great Emancipator? Gillian Beer: Revenants and Migrants: (...) Hardy, Butler, Woolf and Sebald Stephen Banfield: Scholarship and the Musical: Reclaiming Jerome Kern Brian Simpson: The Rule of Law in International Affairs Christopher Bayly: 'The Nation Within': British India at War 1939-47 John Vickers: Economics for Consumer Policy Gillian Feeley-Harnik: The Geography of Descent Susan Gathercole: Working Memory and Learning During the School Years Lothar Ledderose: Carving Stone Sutras before the World Ends: The Inscription of 1118 CE at Cloud Dwelling Monastery near Beijing. (shrink)

The Tanner Lectures on Human Values, founded July 1, 1978, at Clare Hall, Cambridge University, was established by the American scholar, industrialist, and philanthropist Obert Clark Tanner. Lectureships are awarded to outstanding scholars or leaders in broadly defined fields of human values and transcend ethnic, national, religious, or ideological distinctions. Volume 30 features lectures given in 2010 at Princeton University; Yale University; the University of California, Berkeley; the University of Utah; Stanford University; Clare Hall, Cambridge University; Harvard University; and Brasenose (...) College, Oxford University. CONTRIBUTORS: Bruce Ackerman, “The Decline and Fall of the American Republic” Bruce Ackerman is Sterling Professor of Law and Political Science at Yale and the author of fifteen books that have had a broad influence in political philosophy, constitutional law, and public policy. John Adams, “Doctor Atomic and His Gadgets” John Adams is a musician, composer, writer, and conductor whose work stands out for its depth of expression, its sonic brilliance, and the profoundly humanist nature of its themes. Isabel Allende, “In the Hearts of Women” Isabel Allende is a social activist and feminist whose novels and memoirs have established her as one of the most res-pected writers of our time. Abdullahi An-Nacim, “Transcending Imperialism: Human Values and Global Citizenship” Abdullahi Ahmed An-Nacim is the Charles Howard Candler Professor of Law at Emory Law School and an internationally recognized scholar of Islam and human rights in cross-­cultural perspectives. Mark Danner, “Torture and the Forever War” Mark Danner is a writer, journalist, and professor who has written for more than two decades on foreign affairs and international conflict. Sir Christopher Frayling, “Art and Religion in the Modern West: Some Perspectives” Sir Christopher Frayling is a historian, critic, and an award-winning broadcaster on British network radio and television. He has written seventeen books on the arts and popular culture. Jonathan Lear, “Becoming Human Does Not Come That Easily” Jonathan Lear is the John U. Nef Distinguished Service Professor at the Committee on Social Thought and the Depart-ment of Philosophy at the University of Chicago. His research and writings focus on philosophical conceptions of the human psyche. Ahmed Rashid, “Afghanistan” and “Pakistan” Ahmed Rashid is a reporter from Pakistan whose unique knowledge of this complex region allows him a panoramic vision and nuanced perspective that no Western writer can emulate. (shrink)

In March 1930, Alfred Tarski visited Vienna and delivered few lectures which presented the achievements of the logical branch of the Lvov-Warsaw School. Rudolf Carnap was one of the most careful listeners of these lectures. The same year, in November, Carnap, invited by the Warsaw Philosophical Society, visited Warsaw where he gave three lectures. This was an opportunity for him to meet such members the Lvov-Warsaw School as Jan Łukasiewicz, Stanisław Leśniewski, Tadeusz Kotarbiński, and others. Many years later, (...) Carnap reminisced that he left Warsaw “grateful for many stimulating suggestions and the fruitful exchange of ideas”.In the paper, I reconstruct the details of Carnap’s visit in Warsaw based on Carnap’s diaries, reports published in the Polish Journal Ruch Filozoficzny [Philosophical Movement] and some correspondence. I also discuss some problems presented by Carnap in Warsaw lectures and compare his views to the positons of members of the Lvov-Warsaw School. These problems are: the foundations of psychology, the status of metaphysical sentences, and the character of reasoning. (shrink)

The following commentaries are responses to the rough drafts of six lectures — the Hourani Lectures—that I delivered at the University of Buffalo in November of 2006. This draft manuscript is being extensively revised and expanded for publication by Oxford University Press as a book called The Morality and Law of War. Even though in January 2007 the book was still both unpolished and incomplete, David Enoch at that time generously organized a workshop at the Law School of the (...) Hebrew University of Jerusalem to discuss its ideas and arguments. George Fletcher chaired the meeting and Re’em Segev, Yuval Shany, and Noam Zohar all presented superb commentaries. The following papers have all grown out of that memorable occasion. (shrink)

This chapter contains sections titled: A Brief History of Socratic Method and Socratic Teaching Teaching Through Questions The Features of Contemporary Socratic Education Conclusion.

The first Ukrainian translation of the text by Boguslaw Wolniewicz " Let's protect schools". Boguslaw Wolniewich is a new figure in Ukrainian information space. This Warsaw professor and visiting professor at a number of leading American and European universities, a member of the International Wittgenstein Society, also known for his journalistic activities, including appearances in the press, radio and television, and lectures on YouTube where he became a real star of the Internet. The main areas of his thought were logic, (...) metaphysics, ethics, philosophy of religion and philosophy of law, but he gained the most recognition as the creator of the ontology of the situation, as translator and commentator of Ludwig Wittgenstein, as well as a critic of freudianism, phenomenology, postmodernism, marxism and religious fundamentalism. In his opinion, school reform cannot destroy the authority of a teacher – even for the sake of introducing the latest foreign educational models. Wolniewicz defends the ideals of the classical school, which should give students scientifically sound knowledge, not just practical recipes for survival in society. He emphasizes that the main task of the school is education, and education can appear in it only as a valuable by-product – as doping. The school educates only through learning: through its content, its level, its requirements and its appropriate organization. Wolniewicz warns against the dominance of bureaucracy in the school, and sees the mission of the state in ensuring educational autonomy. A school should not be a profit-oriented institution or a means of building the personal career of an official. (shrink)

The articles in this volume offer a fresh perspective on the important role of the concept of law (lex) in the moral and political philosophy of the 'School of Salamanca'.

This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors have been chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira Unger. (...) The essays focus on three main subject areas: Law and Economy; Dimensions of Law; and Courts and Process which are discussed against the broader canvas of the School's approach to Law. Thus, Comaroff, Cohen, Unger and Teubner adopt an interdisciplinary approach to the subject, stressing both legal and social theory, while the contributions of Cranston, Cornish and others stress an internationalist approach. A characteristic LSE focus on the dynamic nature of law runs through the work of Collins, Higgins and Lord Wedderburn, while a reformist tradition is explored alongside the introduction of new legal subjects into the curriculum. Fascinating and thought provoking, this volume is an accesible summary of current thought and debate presented by today's leading scholars and practioners. Law, Society and Economy will be of enduring interest to scholars and practioners worldwide, akin to Ginsberg's celebrated and widely cited volume of essays which marked the School's fiftieth anniversary. (shrink)

The paper aims to analyze the scope of female leadership (deanship) at public and non-public law faculties in selected countries from the region of Central and Eastern Europe: Poland, Hungary, Czechia, Slovakia, Lithuania, Latvia, Estonia, Bulgaria, Romania, Slovenia, Croatia, Serbia, Kosovo, Bosnia and Hercegovina, Montenegro. The paper will explore the engagement of women in the administration of law schools operating within public (and non-public) schools (universities) across the region in the latest years. The paper aims to show the number of (...) female deanships at law faculties in the analyzed states. This analysis will be based on statistical data obtained from the available public sources (including national databases as well as the European Union resources) providing the number of female deans and vice-deans appointed or elected by the academia at all higher education institutions within the country. The initial hypothesis states that gender inequality has been present in the deanship of analyzed law schools and reflects general trends in gender equality in Europe. Comprehensive analysis of the central and eastern European states will allow formulating the key conclusions and answering the following research questions concerning the differences in the numbers of women on the key positions within the law faculties in terms of public versus non-public institutions and in the light of the general gender equality trends in the continent. The research methods used for the analysis include a dogmatic method, statistical method as well as comparative method. (shrink)

Ronald Dworkin describes an approach to how courts should decide cases that he associates with Judge Richard Posner as a Chicago School of anti-theoretical, no-nonsense jurisprudence. Since Professor Dworkin takes his own view of adjudication to be diametrically opposed to that of the Chicago School, it might seem fair, then, to describe Dworkin's own theory as an instance of pro-theoretical, nonsense jurisprudence. That characterization is not one, needless to say, that Professor Dworkin welcomes. Dworkin describes his preferred approach (...) to jurisprudential questions, to be sure, as theoretical, in opposition to what he calls the practical orientation of the Chicago School. But while there is a real dispute between Dworkin and Posner, it is not one illuminated by the contrast between theory and practice. It is, rather a dispute about the kind of theory that is relevant and illuminating when it comes to law and adjudication. And the fault line marked by this dispute is profound indeed, one that extends far beyond Dworkin and Posner and has a venerable and ancient history. I shall describe it, instead, as a dispute between Moralists and Realists, between those whose starting point is a theory of how things (morally) ought to be versus those who begin with a theory of how things really are. The Lecture endeavors to show that our contemporaries, Ronald Dworkin and Richard Posner, are reenacting a version of the dispute between the paradigmatic philosophical moralist Plato and the paradigmatic historical realist Thucydides. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Ethics of Salomon Maimon (1753-1800) DAVID BAUMGARDT* SALOMON MAIMON is now generally considered the most acute mind among the earliest critics of Kant. Kant himself had praised his acumen,1 though later qualifying his regard decisively.2 Johann Gottfried Herder called * We have just learned of the death of the author. David Baumgardt, born in Germany on April 20, 1890, studied in Vienna and in Berlin and taught philosophy (...) at the University of Berlin from 1924 to 1935 as Privatdozent, Extraordinarius and Ordinarius, until he was forced by Germany's racial laws to resign, but after the end of the war the Free University of Berlin appointed him honorary professor. From 1935 to 1939 he taught at the University of Birmingham; after his arrival in the United States he first joined the staff of the Pendle Hill School and, from 1941 to 1954, he served with the Library of Congress as a consultant in the field of philosophy. In 1955-56 he was Visiting Professor of Philosophy at Columbia. After his retirement he continued to publish and at present there are five publications by him in the press. The number of books and articles written by him probably well exceeds two hundred. Just in the last months of his life he was presented with a Festschri[t (Horizons of a Philosopher), indicative of a wide range of friends, students, and fellow-scholars who wanted to express their appreciation of the man and his work. On the continent Baumgardt was perhaps best known for two books: Franz yon Baader (1927) and Der Kampf um den Lebenssinn unter den Vorliiufern der Modernen Ethik (1933). The former threw full light on an important but unduly neglected figure of the German romantic school of philosophy; the latter confronts Kant's rationalistic ethics with the irrationalism of a Herder, Hemsterhuis, and Jacobi. In the United States he published, among others, Bentham and the Ethics of Today (1952) and Great Western Mystics (1961), originally delivered as Matchette Lectures, but enriched, for publication, by voluminous notes containing a wealth of information on mystics, some of whom, especially Jewish ones, are familiar only to the expert. At the time of his death he was working on a book which would probably have become his opus magnum: an attempt to reconcile what he called the ethics of force with the ethics of love. Baumgardt described his own philosophic position as that of a Benthamian hedonist, asserting that only hedonism, when carried to its conclusions, would permit such a reconciliation. Systematic, ethical and religious problems underlay all his historic research; thus his loss will be felt keenly and widely. (PHILIP MERLAN) t See Kant's Gesammelte Schri[ten, ed. K6nig. Preuss. Akad. Wissenschaften, Vol. XI, Abt. II, Kant's Briefwechsel (1900), Vol. II, p. 49, letter to Marcus Herz, May 26, 1789: "Nicht allein" hat "niemand yon meinen Gegnern reich und die Hauptfrage so wohl verstanden, sondern nur wenige... mochten zu dergleichen tiefen Untersuchungen so viel Scharfsinn besitzen... als Hr. Maymon." 2See ibid., p. 476, letter to Carl Leonhard Reinhold, March 28, 1794: "Was aber z. B. ein Maimon mit seiner Nachbesserung der critischen Philosophie... eigentlich wolle," habe ich "nie recht fassen k6nnen." The noticeable change in Kant's judgment of Maimon's work is hardly due to the fact that his praising remarks were addressed to a Jewish friend and the disapproving ones to a gentile disciple. The reason for this shift in his evaluation of Maimon's later writings 099] 200 HISTORY OF PHILOSOPHY Maimon's Versuch iiber die Transzendentalphilosophie "profound" and "comprehensive.''~ Even Goethe and Schiller mentioned him with esteem in their correspondence;~ and Johann Gottlieb Fichte explicitly' warned that coming centuries would ridicule us bitterly for disregarding this "immensely great talent." It may, therefore, not be out of place if, even more than 150 years after Maimon's death, some attention is paid to his generally neglected criticism of Kant's categorical imperative. Maimon's acute critical observations on Kant's ethics may claim to be of interest even to the analysis of some basic issues of contemporary moral philosophy. In an autobiography, culturally of general interest, edited by the psychologist and esthetician Karl... (shrink)

Outsourcing is becoming a major option in British business, including the financial services industry, and it raises a number of ethical considerations. The author of this major ethical study contends that “Outsourcing seems to present a particular threat to employees ... because of the factors which have led to outsourcing and the way in which it tends to work.” Mike Henderson is an Associate of the Chartered Institute of Bankers and Senior Lecturer in Financial Services in the School (...) of Financial Studies and Law of Sheffield Hallam University, City Campus, Pond Street, Sheffield S1 1WB, England. (shrink)

This article is devoted to the work of the eminent Russian legal scholar and thinker Pavel I. Novgorodtsev. This is nearly the first time that Novgorodtsev’s philosophy of law is considered as the...

"Reproduced from an original in the Libraries of Stanford University, Stanford, Calif.

The Edge of Words is Rowan Williams' first book since standing down as Archbishop of Canterbury. Invited to give the prestigious 2014 Gifford Lectures, Dr Williams has produced a scholarly but eminently accessible account of the possibilities of speaking about God -- taking as his point of departure the project of natural theology. Dr Williams enters into dialogue with thinkers as diverse as Augustine and Simone Weil and authors such as Joyce, Hardy, Burgess and Hoban in what is a (...) compelling essay about the possibility of language about God. (shrink)

The Oresteia is conventionally read as an account of progress from the age of private vendetta to the public order of legal justice. According to G.W.F. Hegel, an influential proponent of this view, the establishment of a court in Athens was the first step in the progressive universalization of law. For feminists and Frankfurt School theorists, in contrast, the Oresteia offers an account of the origins of patriarchy and class domination by legal means. This article examines the two competing (...) interpretations of Aeschylus’s trilogy, arguing that they are not mutually exclusive. Rather than rejecting Hegel’s progressive thesis altogether, the critical theorists discussed here focus on the underside of progress. They make two claims that are explicated and defended in this article: first, that law follows a dialectical progression wherein measures to advance justice simultaneously intensify domination; second, that the dialectic of progress arises from the legal form itself—its presumed universality. (shrink)

How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it (...) consist simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'?These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law, Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time. (shrink)

A revised core curriculum for medical ethics and law in UK medical schools has been published. The General Medical Council requires medical graduates to understand law and ethics and behave in accordance with ethical and legal principles. A parallel policy agenda emphasises accountability, the development of professionalism and patient safety. Given the renewed focus on teaching and learning law alongside medical ethics and the development of professional identity, this survey aimed to identify how medical schools are responding to the preparation (...) of medical students for practice in the future. Questions were asked about the location, content and methods of teaching and assessment of law in undergraduate medical education. Examples of course documentation were requested to illustrate the approaches being taken. A 76% response rate was achieved. Most responding schools integrate law teaching with medical ethics, emphasising both the acquisition of knowledge and its application in a clinical context. Teaching, learning and assessment of law in clinical attachments is much less formalised than that in non-clinical education. Coverage of recommended topic areas varies, raising questions about the degree to which students can embed their knowledge and skills in actual practice. More positively, teaching does not rely on single individuals and clear descriptions were offered for problem-based and small group case-based learning. Further research is required to explore whether there are optimum ways of ensuring that legal knowledge, and skills in its use, form part of the development of professionalism among doctors in training. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kiyozawa Manshi’s Two Theories of Evolution and Their Western InspirationDennis PROOIIntroductionIf one solely were to confine the scope of one’s inquiry into the defining trait of a “Tokyo School of Philosophy” to the years immediately following the founding of Tokyo University in 1877, it would be hard to escape the conclusion that philosophy there at the time was determined almost entirely by the dominant intellectual wind blowing through (...) its lecture halls, namely that of evolutionary theory. Katō Hiroyuki (1836–1916), president of the university from 1890 to 1893, was one of its staunchest advocates, doing much to foster the spread of ideas that would today be typified as “Social-Darwinian.”1 Inoue Enryō (1858–1919), undoubtedly the Meiji period’s most successful public philosopher, came to embrace many Spencerian ideas on evolution under the influence of Toyama Masakazu (1848–1900), a devout Spencerian, during his time as a student there (from 1881 to 1885).2 Ernest F. Fenollosa (1853–1908), an American philosopher who exerted great influence over the university’s young philosophical minds, was working on a synthesis of the Spencerian and Hegelian philosophical systems.3 He had been brought to Tokyo University by the Darwinian zoologist Edward S. Morse (1838–1925), who was himself instrumental in the spread of evolutionary ideas. This quick survey of Tokyo notables serves not only to establish the dominance of evolutionary theory, but also to show how in the context of late nineteenth-century Japan, “evolutionary theory” (shinkaron 進化論) is best understood as an umbrella term that could refer to a wide array of ideas—including, but certainly not limited to, Darwinian, Social-Darwinian, Spencerian, and Hegelian ones, or a mix of these—on the nature of (individual and social) change, development, and progress.Although the impact of 1859’s The Origin of Species made Darwin a figure impossible to ignore, by no means was evolutionary theory [End Page 77] equated with his theory of natural selection. For their ideas of evolution, many looked to Herbert Spencer (1820–1903), regarded by the Victorian English as the philosopher of evolution and whose system of synthetic philosophy presented positivist-leaning Meiji-era Japanese intellectuals with a definitive model of philosophical achievement. Spencer prided himself in having been the first to formulate the principle of evolution, remarking in the revised version of Social Statics (1892) that he had arrived at the general idea as early as 1850, many years before The Origin of Species had appeared in print.4 From Spencer’s point of view, Darwin had done no more than confirm a posteriori for biological organisms what was in fact an a priori law of evolution, established by Spencer in First Principles (1867) both inductively and deductively as the universal tendency of phenomena to pass from “an indefinite, incoherent homogeneity to a definite, coherent heterogeneity,” a process accompanied by “an integration of matter and concomitant dissipation of motion.”5 Spencer’s nod to the materialist tradition by formulating his conception of evolution in terms of matter in motion in his own self-understanding placed him in the camp of English philosophy, which did not let itself be deluded by the wrong use of language and spurned the invocation of what from its perspective was superfluous metaphysics. The opposing camp of German philosophy—following William Hamilton (1788–1856), derided by Spencer as “absolute theorisers”—made abundant use of such metaphysics to defend a teleological understanding of evolution—the kind of understanding Darwin (with his emphasis on the non-teleological character of natural selection) and Spencer (with his focus on matter in motion) attempted to render obsolete.6Under the influence of Fenollosa, many students of philosophy at Tokyo University became attracted to the alternative German teleological model of evolution, the history of which via the German Romantics goes back to Leibniz’s attempt to reintroduce into physics the idea of final causes after these in that domain had been eliminated by Descartes.7 Descartes, to begin with, was the one to revolutionize natural philosophy by reducing the physical world to one of matter in motion ruled by efficient causation, imagining, much like Spencer two centuries later, that such a minimalist view of... (shrink)

The challenge of calling "balls and strikes": the curious case of Gould v. Roberts -- To flatlaw and beyond : appreciating multiple analytic dimensions -- The traditions of legal reasoning : developing analytical legitimacy despite substantive disagreement -- Rethinking the analytic tradition : text, context, hypertext, and subtext -- The challenge of text : the relationship of "is," "ought," and focal meaning -- The challenge of context : what "is" means in both facts and law -- The challenge of hypertext (...) : the struggle within "ought" of multiple perspectives on fundamental values -- The challenge of subtext : considering the judiciary's role in the "game" of legal life -- The right (or rights?) to privacy (or privacies?) -- The never-ending disagreements over statutory interpretation : the primacy of subtext. (shrink)

The dynamic development of science and technology in the last decades has led to new challenges in jurisprudence. This holds for individual fields of doctrinal law as well as the concerned fields of jurisprudence. It is especially significant for the structure of justice, the efficiency of law as a steering instrument of society, and the empirical conditions of legal responsibility. In a jurisprudential perspective, the philosophy of law is rather engaged with the adaptiveness of its traditional principles and categories or (...) the capacity to come to terms with the new developments and less concerned with concrete matters of law. (shrink)

Abstract: This paper responds to the question posed in the announcement of the conference at Brooklyn Law School at which it was presented: if and how [the inquiry into the reliability of proffered scientific testimony mandated by Daubert] relates to 'truth,' and whose view of the truth should prevail. The first step is to sketch the legal history leading up to Daubert, and to explore some of the difficulties Daubert brought in its wake; the next, to develop an account (...) of truth in the sciences that combines a full acknowledgment of the fallibility and incompleteness of the scientific enterprise with a robustly objective conception of truth - which helps us understand why the legal system often gets less than the best out of science; and finally, exploring the concept of legal truth, to show how false scientific clams sometimes get entrenched as legally reliable. (shrink)

Over two hundred years ago, Thomas Jefferson suggested the need for a broader legal curriculum. As the twenty-first century begins, the practice of law will increasingly demand interdisciplinary knowledge and collaboration — between those trained in law and a broad range of scientific and technical fields, including engineering, biology, genetics, ethics, and the social sciences. The practice of public health law provides a model for both the substantive integration of law with science, and for the way its practitioners work. In (...) addition, public health law also provides a model for interdisciphuy and integrative teaching. (shrink)

In a widely publicized lecture in 2008, the Archbishop of Canterbury, Rowan Williams, expressed his concern that the conception of law and democratic citizenship prevailing in England may lead to ghettoization. The problem, in his view, is that the bulk of the convictions and commitments that define a given citizen’s identity are seen as a matter of individual choice and relegated to the private realm. In diagnosing this problem, Williams tacitly distances himself from a privatizing view of democratic politics. (...) In response to the problem, he calls for consideration of the possibility of supplementary jurisdictions, whereby certain legal functions would be delegated to the religious courts of a community. The article is broadly supportive of Williams’ concern to avoid privatization and his emphasis on the importance of openness to learning from other legal codes. However, it finds no convincing case for legally recognizing plural jurisdictions. It concludes that this aim is better served by Seyla Benhabib’s proposal for vibrant, ongoing exchanges between different legal codes, and between such codes and political and cultural beliefs, traditions and practices. (shrink)

This article is based on a Lecture given as part of the Franklin J. Matchette Foundation Lecture Series on Truth at the Catholic University of America, School of Philosophy, in 2002. It explores what theorists in the natural law tradition and modern legal theorists have argued about what makes propositions of morality and law true, focusing on the rubric of "reason" as opposed to "will." It seems probable, and perhaps inevitable, that theorists about the nature of truth in morality (...) must choose between reason and will - that morality, at its core, is either one or the other. What makes law distinctive is that it is, as a practical matter if not by conceptual necessity, a mixture of both. And it is this intertwining of reason and will, of normative system and practical reasoning, which makes assertions about the nature of legal truth, and theories about the nature of law, so difficult. The arguments about truth in law are as much disagreements about what it means to say that a legal proposition is truth as they are about what makes legal propositions true. Are declarations of truth in law statements about legal norms and legal sources, or are they statements about the results of particular disputes or particularized inquiries? There are obvious complilcations in speaking of truth in a context like law, where there is simultaneously an effort to create a coherent normative system and a decision-making procedure that can modify that system in the course of resolving disputes. (shrink)