Throughout his early career, Sir Edward Coke joined many of his contemporaries in his concern about the uncertainty of the common law. Coke attributed this uncertainty to the ignorance and entrepreneurship of practitioners, litigants, and other users of legal power whose actions eroded confidence in the law. Working to limit their behaviours, Coke also simultaneously sought to strengthen royal authority and the Reformation settlement. Yet the tensions in his thought led him into conflict with James I, who had accepted (...) many of the criticisms of the common law. Sir Edward Coke and the Reformation of the Laws reframes the origins of Coke's legal thought within the context of law reform and provides a new interpretation of his early career, the development of his legal thought, and the path from royalism to opposition in the turbulent decades leading up to the English civil wars. (shrink)

Hamilton's reputation as a philosopher was early established by an article "On the Philosophy of the Unconditioned" which appeared in The Edinburgh Review for 1820. It was mainly a critique of Victor Cousin's "absolutism" and was reprinted in Discussions on Philosophy and Literature, a volume which also included his "Philosophy of Perception" plus two philosophical appendices added to later editions. He edited Thomas Reid's Philosophical Works, and his editorial footnotes and long Dissertations at the end are crucial sources of his (...) own philosophical thought. After his death his university lectures on metaphysics and logic were collected and published by H. L. Mansel and John Veitch. They were never prepared for publication by the author but are nevertheless important sources. They mesh well with Discussions and Notes and Dissertations, though the latter work shows certain changes in his thinking, including his increasing worry that Reid was not a natural realist. (shrink)

This is a one page handout presenting some objections A.R. Radcliffe-Brown makes to Frazer on rites and Frazer's evolutionism.

This is a one page handout presenting objections from Gluckman's book Politics, Law, and Ritual in Tribal Society.

In lieu of an abstract, here is a brief excerpt of the content:Learning to BreatheFive Fragments Against RacismB. Venkat Mani (bio)For Dr. JLW, for all Black academics and students1. Air HungerI know you, Derek Chauvin. You may think that we first met on May 25, 2020, in Minneapolis. I was called George Perry Floyd. For you, I was just another Black man, a potential criminal. For me, you were not a police officer, but the knee that stands for racism. You (...) kneeled on my windpipe for 9 minutes and 29 seconds. Those were neither my first nor my last memories.You may choose not to recognize me, as you always have. But I do. I recognize every bone, muscle, tendon, pointy curve of the cap, every contour of your strong, heavy, determined, calculating, conniving knee that presses on my windpipe with a false sense of racist superiority. 9 minutes and 29 seconds. As often as you can.We have a history. You have never missed the opportunity of kneeling on my windpipe. You hauled me into your slave ships from various African ports along the Atlantic, then you kneeled on my windpipe all over your cotton and tobacco plantations in the Americas. We met again on schooners from Indian shores journeying across the Indian and Pacific oceans. With slavery banned in the British empire, you turned me into an indentured laborer. You made me put my thumb imprint on a document you created, in a script I could not read, of a language I could not speak. Then you threw me thousands of miles away in Mauritius, Fiji, and numerous Caribbean islands, pressing on my windpipe on sugarcane plantations. My wife, children, sisters, mothers, aunts, brothers, uncles, nephews, nieces, grandparents, great grandparents, we all have lived through those fatal 9 minutes and 29 seconds: on water and land. Repeatedly. Consistently. Incessantly.You want specific dates? April 8, 1857, Barrackpore, Northern India. My name was Mangal Pandey, you called me a Sepoy. You hanged me for standing up against my subjugation by your British East India Company. Against your rule over my land and my people. With your many titles [End Page 41] and names: Major-General Sir Henry Havelock, Lieutenant-General Sir Colin Campbell, Brigadier-General Charles Windham, you rampaged through the streets of Delhi, Meerut, Lucknow, killing anyone in your way so I could be a jewel in Victoria's crown. January 29, 1863, Bear River, Idaho. I was one among the Shoshone of Bia Ogoi, you were Colonel Patrick Connor. You came to us on a frigid morning and killed us by the hundreds. November 15, 1884, the Congo Conference, Berlin. You were called Chancellor Otto von Bismarck and were acting at the behest of sharecropping interests of King Leopold the Second. Your name for me was a "savage." You set up a society to civilize me while you plundered my bounty. You started drawing lines through land, rivers, mountains, deserts. For you, it was the Scramble for Africa. For me, bloody murder. You knelt on my windpipe, smoking a pipe with tobacco my people had grown. April 13, 1919, Jallianwala Bagh, Amritsar. You were called Brigadier General Reginald Edward Harry Dyer. For you, I was just a troublemaking native disrupting the civilized business of the Empire. You surrounded our peaceful gathering in Amritsar and opened fire. Your Nobel Laureate Rudyard Kipling claimed that "you did your duty as you saw fit." By killing us in thousands until the bullets ran out. Rikki Tikki Tavi. May 31, 1921, Tulsa, Oklahoma. Inspired by Jim Crow, your knees came running to us in mobs to massacre us. October 19, 1926, Imperial Conference, London. Your name was Field Marshall the Right Honorable Jan Christian Smuts. For you, I was one among the many "colored" subjects from the Cape Colony. You spoke vehemently against mixing my people with your people. Eloquently, I was told, in favor of apartheid.You know very well, Chauvin, that our acquaintance neither begins in 1857 nor ends in 1926. I could take you on a grand tour of the world and give you all the dates when you appeared in different forms. Your self-induced conviction of racial supremacy over me remained the same... (shrink)

Sir James Frazer’s The Golden Bough presents a puzzle regarding how primitive peoples believe they can control something which civilized people regard as beyond their control: the weather. I clarify the puzzle and consider Frazer’s solution to it, as well as other solutions.

This paper interprets Sir James Frazer’s The Golden Bough as presenting an objection to diffusionism: the diffusionist theory cannot account for the isolation of the rite Frazer focuses on, in the societies studied by classicists.

Newman’s dramatic poem, “The Dream of Gerontius”, was set to music by Edward Elgar in 1900. This essay brings out the sympathy of mind and heart between poet and composer, and perhaps between them both and the listener of today, as well as the universality and depth of the human stake in some kind of personal and peopled life after death.

Probably the most famous story about the armchair anthropologist Sir James Frazer is about how, when asked by William James about doing fieldwork, he said, “But Heavens forbid!” I propose that it was rational for Frazer to avoid fieldwork given his theory of what is rational for so-called savages: to kill returning tribesmen and visitors, to protect against disease.

There are some further responses I have to Mary Beard on the relationship between Sir James Frazer’s The Golden Bough and British colonialism: her claim that it provided an image of the empire as a whole. The paper contains two objections, very minor ones perhaps, and some highly speculatively defences. But I find the defences difficult to present in the traditional manner, so I have written the responses as a pastiche imitating a widely read European writer.

This paper examines the debate between Marilyn Strathern and I.C. Jarvie. Writing in 1987, Strathern argues that the time is ripe for reincorporating Sir James Frazer. Jarvie thinks Strathern does so in a way that treats revolutions in anthropology as not involving scientific progress. There is a familiar defence against this charge while pursuing the same, or much the same, line of argument.

Why is there a norm of reciprocity in certain societies – the recipient of a gift should give a gift in return? Or what is its function? Sir James Frazer provides an unobvious answer to the function of such a norm in one society: it serves to establish who is alive.

This article argues that the hypothetical 'I Can' position of Sir David Ross is incompatible with his determinism.

This work is conceived as a modem study of the relationships of the concept of human freedom with the moral concepts of responsibility and obligation and other closely allied notions. One pitfall into which writers on my sub jects have occasionally fallen has been that of spending too much time in critically examining positions and arguments which no sane philosopher has ever offered. In order to guard against the danger of debating with "straw men," I have attempted to engage in (...) critical conversations with several twentieth century writers on my theme. I have attempted to pay special at tention to a handful of writers who have written extremely important and influential discussions and who are representatives of a diversity of per spectives on the issues involved. In particular, I have taken note of the work of two determinists, Sir David Ross and Hastings Rashdall, a libertarian, C. A. Campbell, and a reprel>entative of the more recent linguistic-analytic approach, P. Nowell-Smith. Many other important writers have been brought in at crucial points in the conversation. But this is not a history of the problem in the 20th century. Rather, it is a critical, systematic study of a problem or set of related problems. This work may be divided roughly into two parts, a metaphysical-psycho logical part comprising the first three chapters, and a metaethical-ethical part consisting of the last three chapters. (shrink)

The origin and development of Punnett’s Square for the enumeration and display of genotypes arising in a cross in Mendelian genetics is described. Due to R. C. Punnett, the idea evolved through the work of the ‘Cambridge geneticists’, including Punnett’s colleagues William Bateson, E. R. Saunders and R. H. Lock, soon after the rediscovery of Mendel’s paper in 1900. These geneticists were thoroughly familiar with Mendel’s paper, which itself contained a similar square diagram. A previously-unpublished three-factor diagram by Sir Francis (...) Galton existing in the Bateson correspondence in Cambridge University Library is then described. Finally the connection between Punnett’s Square and Venn Diagrams is emphasized, and it is pointed out that Punnett, Lock and John Venn overlapped as Fellows of Gonville and Caius College, Cambridge. Copious illustrations are given. (shrink)

IN THE TWENTIETH CENTURY, the advance of modern particle physics and the discovery of an inherent probabilism at the heart of the natural order has thrown scientific determinism into doubt. The central question that issues from such findings in physics is whether nature is inherently indeterminate or simply defectively known. If the answer is the former, then this development calls into question the central theoretical justification for the Kantian project. For although Kant makes rhetorical allusion to Nicholas Copernicus, his theory (...) plainly stands in defense of Sir Isaac Newton’s classical mechanics. (shrink)

Among contemporary religious believers, some follow in the footsteps of Newton, allowing their religious understanding to fill in gaps left by the sciences. Others take a more Wittgensteinian approach, discretely separating religious from scientific ways of thinking. Because neither of these relatively irenic positions captures the important element of cultural reform that is prevalent in so much of the religious life of the past, George Lakoff's recent work in cognitive studies is used to suggest ways that religious ideas may be (...) used to challenge and enrich scientific thought. A scrutiny of Richard Dawkins's biological analyses of human behavior reveals the distorting limitations of exclusively scientific understanding, thereby clearing conceptual space for genuinely religious values, actions, responsibilities, and forms of human life. (shrink)

Use of the word "Counter-Enlightenment" has become increasingly frequent in scholarly and journalistic writing. The word was almost certainly invented by the late Sir Isaiah Berlin, and it is owing to his enormous prestige and on-going influence that it has gained its current familiarity. In Berlin's view, two of the most important sources of the supposed Counter-Enlightenment are J. G. Hamann and J. G. Herder. But as I show, Berlin's numerous accounts of their thought are profoundly flawed and reflect not (...) Herder's or Hamann's own thought, but rather that of late nineteenth- and early twentieth-century German historians, who wished to legitimate their own anti-democratic, and hence anti-Enlightenment, ideology through the construction of a false historical genealogy. (shrink)

Fletcher, Laadan Sir Francis Galton was Charles Darwin's cousin. He was born in Birmingham, and educated at King Edward's School before studying medicine at King's College, London and also graduating from Trinity College, Cambridge. Two years later he travelled in North Africa and in 1850, in hitherto unexplored regions of South Africa; and, in 1855, published a very successful book giving an account of his experiences. He was probably inspired by the celebrated travels of his cousin.

Former Chief Justice of the King's Bench Sir John Fortescue (c.1395-c.1477) was a key Lancastrian figure. In the first half of the 1470s he presented the Yorkist King Edward IV with his work, The Governance of England. Many scholars have analysed this work as part of the so-called 'English tradition' of constitutional and political theory and as representative of the age of the Wars of the Roses. Only rarely did they contextualize the Governance within the framework of parliamentary politics. (...) As shown in this article, Fortescue in the Governance was both warning the Yorkist regime against dangers to its legitimacy and offering means of resolving these dangers. In all of these concerns Fortescue was in tune with parliamentary politics, where similar concerns were manifest. One of the means through which Fortescue was offering to alleviate the danger of imminent corruption of the constitutional regime in England was through his own legal prestige. (shrink)

In the afterword for his book, Malory states that it “was ended the ix yere of the reygne of Kyng Edward the Fourth” , but we have no copy of the book from his own hand. For almost five hundred years the book was known ultimately only from the edition by William Caxton, who indicated in his preface that he printed it “after a copye unto me delyverd” and in his colophon that he finished the printing “the last day (...) of Juyl, the yere of Our Lord MCCCCLXXXV”; we do not have the manuscript copy from which Caxton and his compositors produced the book. Then in 1934 Walter F. Oakeshott discovered in the Fellows Library at Winchester College, England, a manuscript of Malory's book, roughly contemporary with Caxton's edition, prepared by two scribes, lacking nineteen leaves—including the beginning and the ending—and differing rather considerably from Caxton's text. (shrink)

This volume represents a real labour of love, and the editor deserves credit for bringing it to fruition after many decades. It comprises an annotated edition of a lengthy series of letters between...

We wish to describe and acknowledge the exceptional contributions to medical ethics, both in the UK and internationally, made by Edward Shotter1 who died at home on 3 July 2019. He was founder of the London Medical Group2 3 and instigator of similar student-led medical ethics groups throughout the UK; founder of the Institute of Medical Ethics4 and founder of the Journal of Medical Ethics. Ted Shotter transformed the study of medical ethics in the UK in the interests of (...) patients and professionals alike. In 1963, he established the pioneering ‘Medical Group’ model, an innovative bottom-up method whereby students in the health professions could gain a grounding in ethics that had previously been denied to the profession.5 It was with these Medical Groups that many of the leading figures in contemporary UK medical ethics and law began their careers in the subject including Sir Kenneth Calman, Sir Ian Kennedy, Professor Margaret Brazier OBE, Professor John Harris and Professor Sir Jonathan Montgomery to name but …. (shrink)

In our papers on the rationality of magic, we distinghuished, for purposes of analysis, three levels of rationality. First and lowest (rationalitYl) the goal directed action of an agent with given aims and circumstances, where among his circumstances we included his knowledge and opinions. On this level the magician's treatment of illness by incantation is as rational as any traditional doctor's blood-letting or any modern one's use of anti-biotics. At the second level (rationalitY2) we add the element of rational thinking (...) or thinking which obeys some set of explicit rules, a level which is not found in magic in general, though it is sometimes given to specific details of magical thinking within the magical thought-system. It was the late Sir Edward E. Evans-Pritchard who observed that when considering magic in detail the magician may be as consistent or critical as anyone else; but when considering magic in general, or any system of thought in general, the magician could not be critical or even comprehend the criticism. Evans-Pritchard went even further: he was sceptical as to whether it could be done in a truly consistent manner: one cannot be critical of one's own system, he thought. On this level (rationalitY2) of discussion we have explained (earlier) why we prefer to wed Evans Pritchard's view of the magician's capacity for piece-meal rationality to Sir James Frazer's view that magic in general is pseudo-rational because it lacks standards of rational thinking. (shrink)

According to H.L.A. Hart's analysis, to utter an internal legal statement is partly to express an acceptance of a set of norms. This article attempts to defend Hart's conception of internal legal discourse by responding to the following three lines of criticism that can be found in Joseph Raz's writings: (i) that Hart's analysis fails to account for what Raz calls ‘detached legal statements’; (ii) that Hart's deployment of the notion of acceptance in his analysis vitiates his legal positivist project (...) because such acceptance necessarily amounts to moral endorsement; and (iii) that Hart is wrong to assume that normative practices, including discursive legal practices, can be characterized satisfactorily by deploying only descriptive statements. I argue that Hart's theory, or at least a theory along the lines that Hart developed, has sufficient resources to handle satisfactorily these criticisms. His world is a noonday world in which sharply outlined figures, most of them more than a little singular, act in describable ways against perceptible backgrounds. Clifford Geertz, speaking of Sir Edward Evan Evans-Pritchard. (shrink)

John Locke's Some Thoughts Concerning Education began as a series of letters to his friend, Sir Edward Clarke. Written during the same period he was writing the final draft of An Essay Concerning Human Understanding, the Thoughts was first published in 1693. Locke was as concerned with cultivating the minds of adults as he was with childhood education. Of the Conduct of the Understanding addresses this concern. Locke's thoughts on education are part of his comprehensive epistemological, moral, and political (...) reflections. For this reason, this chapter begins by considering the Thoughts and the Conduct in turn for what they reveal of Locke's educational principles and recommended practices. Then, it turns to address the ways in which these writings on education can deepen our understanding of unresolved theoretical problems in Locke's thought, of key concepts such as freedom and reasonableness, and of the degree of coherence of his philosophy altogether. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:186 Reviews 1914: GREY AND PEACE OR WAR Kenneth Blackwell Margaret MacMillan. The War That Ended Peace: the Road to 1914. Toronto: Allen Lane, 2013. Pp. xxxv, 739. isbn: 978 0 670 06404 5. c$38.00 (hb). ith the advent of the centenary of wwi, and of Russsell’s criticisms of Sir Edward Grey in his minutely historical “The Policy of the Entente” (1915; in Papers 13) for Britain’s participation (...) in it, one needs a readable history of the intense diplomatic manoeuvres during the years leading up to the war. MacMillan provides that history, with period illustrations and asides to our day about substituting “prestige” for “honour”, preventive war (a term that isn’t indexed), and even George Kennan’s long telegram. Russell claimed Grey misled Parliament repeatedly about Britain’s commitments (see FO, pp. 501–2). Yet Russell’s 1948 essay “Democracy and Foreign Policy” almost excuses Grey’s covert actions as due to the fear of populist hostility to Germany preventing “the last possibility of general pacification”. It is astonishing how much popular hatred of Germany is revealed in MacMillan’s book. She points out that this was a country “which had been created by war” (p. 294); however, that does not seem special. On page 584 “June 21” must be “July 21”. t... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:September 27, 2008 (1:09 pm) G:\WPData\TYPE2801\russell 28,1 048RED.wpd 76 Reviews REAPPRAISING GILBERT MURRAY Louis Greenspan Religious Studies / McMaster U. Hamilton, on, Canada l8s 4k1 [email protected] ChristopherStray,ed.GilbertMurrayReassessed: Hellenism, Theatre, and International Politics. Oxford: Oxford U. P., 2007. Pp. xii, 400. £65; £27.50 (pb). Cdn. $156 (hb). us$55 (pb). isbn 978-0-19-920879-1 (hb). For much of the Wrst half of the twentieth century Gilbert Murray was a leading Wgure in British (...) academia, in British theatre, on the British and American lecture circuits and even in British politics. He was admired by the community of scholars as Regius Professor of Greek at Oxford, the most prestigious position in classical scholarship in the English-speaking world. He was also esteemed by a wider reading public as the champion of a magisterial liberalism rooted in classical Greek culture. Finally he was respected by the world at large as a liberal activist who, during World War 1, wrote well-argued pamphlets in support of the war and who later became co-chairman of the League of Nations Union, an organization that in the ’20s and ’30s attracted 400,000 members. Among his companions were George Bernard Shaw and Bertrand Russell, both of whom remained his friends for life. As chief editor of the Home University Library he commissioned Russell’s The Problems of Philosophyz, which is still unsurpassed as an introduction to this subject. Today he is forgotten. Younger classical scholars would endorse the statement by Fowler (quoted in this volume): “in spite of his great fame when he was alive, he might never have written, so far as most scholars are concerned today” (p. 58). His role as the public intellectual who connected modern liberalism with Hellenism has been taken over by the followers of Leo Strauss who view this connection rather diTerently than Murray did. As for his liberal activism, when he died in 1957 Murray was regarded aTectionately as a noble ghost of Victorian liberalism past, whose passionate advocacy of the League of Nations was seen as well meaning and futile as the organization he had championed. In the ’60s and ’70s his words and deeds were swept away in the tides of anti-liberal fervour that inspired the newly emerging leftist revolutionaries and neo-conservatives. At Wrst perusal Gilbert Murray Reassessed zhas the format of festschrifts and other scholarly reviews of the accomplishments of a particular writer. There are articles on every aspect of Murray’s activities: his translations of Greek drama, his critical editions of Euripides, his views of Hellenism, his post-World War 1 September 27, 2008 (1:09 pm) G:\WPData\TYPE2801\russell 28,1 048RED.wpd Reviews 77 internationalism and even his lectures on the bbc, all by specialists in these topics. But this volume is more than a summing up of Murray’s contributions to scholarship. The aim of the volume is to revive Murray the public intellectual, a voice of liberalism that deserves a new hearing. The book could have been entitled Gilbert Murray Retrieved for Our Timesz: a contribution to the struggle to Wnd a liberalism that addresses the anti-liberal, anti-intellectual forces that threaten us today. In this spirit the volume is dedicated to those who died in the London terrorist attack of July 2005. The volume opens with two sets of memoirs, one by Murray’s grandchildren Ann Pauladan and Alexander Murray, the other Francis West’s account of Murray ’s reXections on an Australian childhood. The memoirs of his grandchildren, aTectionate and charming, seem less interested in refashioning Gilbert Murray for our time. They still portray Murray as one who inhabited a world that is no more, the proponent of a liberalism that was naively optimistic and top heavy with reason at the expense of the emotions. Murray’s optimism is evident in their anecdote about an encounter between Murray and Sir Edward Grey, during a summer walk in 1914. Murray opened the conversation by scoUng at rumours of impending war in Europe, for him impossible between civilized powers. Grey closed it by assuring him that war was certain, thus causing the speechless and horriWed Murray... (shrink)

Almost exactly a quarter of a century ago—in the year 1906— the George Combe Department of Psychology was established in this University, thanks to the farsightedness of Professor Pringle-Pattinson, who has, to our regret, now gone from among us, and Professor Sir Edward Sharpey Schafer, who is happily with us still, and to the generosity of the George Combe Trustees. In his inaugural lecture, delivered in the old Natural History classroom, my predecessor, Dr. W. G. Smith, discussed the scope (...) and relations of modern psychology. He emphasized the fact that modern psychology had extended its boundaries far beyond the psychology taught in the past in this and other universities, that it now included child psychology, animal psychology, abnormal psychology, physiological psychology, and experimental psychology, all developed studies, and that its growth in importance had been commensurate with its expansion. (shrink)

This essay builds on recent work by Susan Haack to suggest that Oliver Wendell Holmes Jr.’s conception of the common law was influenced by Darwinian evolution and classical pragmatism. This is no small claim: perceptions of what the common law is and does within the constitutional framework of the United States continue to be heavily debated. Holmes’s paradigm for the common law both revised and extended the models set forth by Sir Edward Coke, Thomas Hobbes, Sir Matthew Hale, and (...) Sir William Blackstone. Adding additional substance to Haack’s argument by pointing out passages in Holmes’s opinions and in his only book, The Common Law, that corroborate her claims about the particular features of Holmes’s pragmatism, this essay concludes by suggesting that, because of his connections with the classical pragmatists and his reverence for Emerson, Holmes is the best place to begin answering the famous question formulated by Stanley Cavell: “What’s the Use in Calling Emerson a Pragmatist?”. (shrink)

The publication of his Apologia pro Vita Sua (1864) brought Newman back into contact with many of his Anglican friends—two of whom gifted him with a violin. In his letter of appreciation, Newman mused: “Perhaps thought is music.” Such would seem to be the case with his poem, The Dream of Gerontius (1865), which was set to music by Sir Edward Elgar (1900). This essay explores the relationship between Newman’s Apologia and The Dream of Gerontius and then analyzes the (...) latter’s structure and content and compares it with other Christian classics. (shrink)