The middle of the second until the middle of the first century BCE is one of the most creative periods in the history of human thought, and an important part of this was the interaction between Roman jurists and Hellenistic philosophers. In this highly original book, René Brouwer shows how jurists transformed the study of law into a science with the help of philosophical methods and concepts, such as division, rules and persons, and also how philosophers came to share the (...) jurists' preoccupations with cases and private property. The relevance of this cross-fertilization for present-day law and philosophy cannot be overestimated: in law, its legacy includes the academic study of law and the Western models of dispute resolution, while in philosophy, the method of casuistry and the concept of just property. (shrink)

This collection reflects the extraordinary career of the man it honors in its variety of subjects and range of scholarship. Mortimer Adler proposes six amendments to the Constitution. Paul Eidelberg surveys the rise of secularism from Socrates to Machiavelli. Hellmut Fritzsche, a physicist, catalogs some famous scientific mistakes. David Grene (Anastaplo's dissertation advisor) looks at Shakespeare's Measure for Measure as "mythological history." Harry V. Jaffa continues a running debate with Anastaplo on how to read the Constitution, James Lehrberger examines Aquinas's (...) views on natural law, Harry Newman argues "The Case Against Politics." Studs Terkel interviews Anastaplo on his encounter with the Illinois bar, and John Van Doren and others contribute a selection of poems. George Anastaplo turned to an academic career when he was denied admission to the bar in 1950 because, on principle, he affirmed the right of revolution and refused to say whether he was a Communist. In this age of academic specialization, Anastaplo's career has been distinguished by a remarkable versatility of thought. Author of five books, including The Artist as Thinker: From Shakespeare to Joyce (Swallow Press, 1983), Human Being and Citizen: Essays on Virtue, Freedom and the Common Good (Swallow Press, 1986), The Constitution of 1787: A Commentary (1989), and The American Moralist: On Law, Ethics, and Government (Ohio University Press, 1992), Anastaplo has also, for the past three decades, produced a steady stream of essays, articles, and papers on subjects from baseball to the Koran, from Socrates to Freud. Volume 2 of Law and Philosophy includes a complete bibliography of his works. (shrink)

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. (...) -/- Law and Philosophy, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and philosophy. It includes studies examining the themes of the nature of law; and interactions between State, the citizen, and the law. (shrink)

Introduction: Law and Philosophy—Moral, Legal and Political Perspectives Content Type Journal Article Pages 237-239 DOI 10.1007/s11158-008-9068-9 Authors Massimo Renzo, University of Stirling Department of Philosophy Stirling 4LA FK9 UK Bjarke Viskum, University of Århus Department of Jurisprudence Langelandsgade 110, 3 tv. 8000 Arhus C Denmark Journal Res Publica Online ISSN 1572-8692 Print ISSN 1356-4765 Journal Volume Volume 14 Journal Issue Volume 14, Number 4.

This book discusses the intersection of law and sport and highlights its usefulness to both legal scholars and philosophers of sport. The book will be a valuable resource to Undergraduates, Postgraduates and for those working in the areas of legal philosophy, sports law, and philosophy of sport.

Thinking about how the law might decide whether to extend legal personhood to artificial agents provides a valuable testbed for philosophical theories of mind. Further, philosophical and legal theorising about personhood for artificial agents can be mutually informing. We investigate two case studies, drawing on legal discussions of the status of artificial agents. The first looks at the doctrinal difficulties presented by the contracts entered into by artificial agents. We conclude that it is not necessary or desirable to postulate artificial (...) agents as legal persons in order to account for such contracts. The second looks at the potential for according sophisticated artificial agents with legal personality with attendant constitutional protections similar to those accorded to humans. We investigate the validity of attributes that have been suggested as pointers of personhood, and conclude that they will take their place within a broader matrix of pragmatic, philosophical and extra-legal concepts. (shrink)

This volume celebrates the career of John Martin Fischer, whose work on a wide range of topics over the past forty years has been transformative and inspirational. Fischer's semicompatibilist view of free will and moral responsibility is perhaps the most widely discussed view of its kind, and his emphasis on the significance of reasons-responsiveness as the capacity that underlies moral accountability has been widely influential. Aside from free will and moral responsibility, Fischer is also well-known for his work on freedom (...) and foreknowledge, the problem of evil, the badness of death, the meaning of life, and the allure of immortality. This volume gathers new essays by leading scholars on some of the major themes of Fischer's work, and it also includes a new piece by Fischer in which he offers a systematic reflection on and defense of the motivations that have shaped his theorizing about moral responsibility. Freedom, Responsibility, and Value will be of interest to scholars and students working on a variety of issues in metaphysics, ethics, and philosophy of religion. (shrink)

An introduction to the philosophy of law, which offers a modern and critical appraisal of all the main issues and problems. This has become a very active area in the last ten years, and one on which philosophers, legal practitioners and theorists and social scientists have tended to converge. The more abstract questions about the nature of law and its relationship to social norms and moral standards are now seen to be directly relevant to more practical and indeed pressing (...) questions about the justification of punishment, civil disobedience, the enforcement of morality, and problems about justice, rights, welfare, and freedom. David Lyons is a shrewd, clear and systematic guide through this tangled area. The book presupposes no formal training in law or philosophy and is intended to serve as a textbook in a range of introductory courses. (shrink)

The book is divided into three sections: Law and Ethics, Natural Law, and Judicial Reasoning. The list of contributors is distinguished, but the articles are scarcely that. J. C. Murray's criticism of J. Rawls' attempt to locate justice in a legal order by means of the concept of "fair play," S. G. Brown's criticism of K. Neilsen's nearly ranting attack on Natural Law, and K. Stern's brilliantly suggestive attack on the normative/descriptive dichotomy were all bright spots; but they are not (...) enough to rescue the book from mediocrity.—E. A. R. (shrink)

International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International (...) criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor. (shrink)

This article discusses various arguments for and against treating equality as a fundamental norm in law and political philosophy, combining prior arguments to the effect that equality is essentially an empty idea with arguments that treat it as a non‐empty but mistaken value that should be rejected. After concluding that most of the arguments for treating equality as a fundamental value fall victim to one or both of these arguments, it considers more closely arguments made by philosophers such as (...) Ronald Dworkin and Thomas Nagel that base a duty of promoting equality on the fact that governments impose a legal order on persons without their consent. It concludes that these arguments are mistaken: if the legal order imposed by government is justified then imposing it is not wrongful and generates no duty of equal treatment, while if that order is not justified no requirement of equality of treatment would cure the lack of justification. It concludes that equality should not be a value in law or political theory, but in some cases other considerations may justify particular rules that are sometimes mistakenly thought to be based on equality. (shrink)

The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig (...) Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

This volume offers an up-to-date overview of the much-debated issue of how a democracy may defend itself against those who want to subvert it. The justifications, effectiveness and legal implications of militant democracy are discussed by addressing questions as: How can militant democracy measures such as party bans be justified? Why is it that some democracies ban antidemocratic parties? Does militant democracy succeed in combatting right-wing extremism? And is militant democracy evolving into an internationalized legal and political concept? Bringing together (...) experts and perspectives from political science, law and philosophy, this volume advances our understanding of the current threats to democracy, a political system once thought almost invincible. It is especially timely in the light of the rise of illiberal democracy in the EU, the increasingly authoritarian rule in Turkey, the steady shift to autocracy in Russia and the remarkable election of Trump in the US. (shrink)

In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn of legal realism, "On Philosophy in American Law." The charm of his defective little piece is its style and audacity. A philosopher might be seduced into reading Llewellyn’s essay by its title; but one soon learns that by "philosophy" Llewellyn only meant "atmosphere". His concerns were the "general approaches" taken by practitioners, who may not even be aware of having general approaches. Llewellyn paired an anemic concept (...) of philosophy with a pumped-up conception of law. Llewellyn’s "law" included anything that reflects the "ways of the law guild at large" - judges, legislators, regulators, and enforcers. Llewellyn argued that the legal philosophies implicit in American legal practice had been natural law, positivism and realism, each adopted in response to felt needs of a time. We must reckon with many other implicit "philosophies" to understand the workings of the law guild, not the least of which has been racism. Others, maternalism and paternalism, my foci here, persist in American law, despite women’s progress toward equality. Both maternalism and paternalism were strikingly present in a recent decision of the U.S. Supreme Court, Gonzales v. Carhart, upholding the federal Partial-Birth Abortion Ban Act. (shrink)

This book demonstrates that law can be newly interrogated when examined through the lens of literature. Like its forerunner, Empty Justice, the book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine, through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary which reflects upon (...) very recent scholarship and debate on a range of ethico-legal topics; it also illustrates how conventional legal matters may be rendered lively and palatable, as an adjunct to approaching doctrine and cases 'cold' in the conventional textbook manner. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. (shrink)

The Affordable Care Act survived the Supreme Court—but “just barely”—according to Mark Hall, a contributor to the Report's At Law column. That “just barely” leaves much to ponder, and in this issue a special installment of At Law, appearing as a set of essays, looks into it.

Can the law benefit from an evolutionary perspective? This little book shows how the idea of survival of the fittest can help explain legal development and the rise and fall of legal institutions. The reader is invited to join in on a journey of discovery in which the world of Darwin is connected to the topics of legal change, convergence of law, legal complexity, law in hip-hop music and the adoption of the price-payment rule. Exploring these five themes from an (...) evolutionary angle indisputably upsets our traditional view of the law, but it does fit the author's view of academia as a place for cross-disciplinary research steered by curiosity. (shrink)

Mark Sagoff draws on the last twenty years of debate over the foundations of environmentalism in this comprehensive revision of The Economy of the Earth. Posing questions pertinent to consumption, cost-benefit analysis, the normative implications of neo-Darwinism, the role of the natural in national history, and the centrality of the concept of place in environmental ethics, he analyses social policy in relation to the environment, pollution, the workplace, and public safely and health. Sagoff distinguishes ethical from economic questions and explains (...) which kinds of concepts, arguments, and processes are appropriate to each. He offers a critique 'preference' and 'willingness to pay' as measures of value in environmental economics and defends political, cultural, aesthetic, and ethical reasons to protect the natural environment. (shrink)

This book is a comprehensive analysis of the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran.

Despite Kant's explicit statement that every murderer must suffer death, there are at least four situations to be found in Kant's work in which the killing of a human being should not lead to the death penalty: when too many murderers are involved; when a mother kills her illegitimate child; when one duellist kills the other; when one person pushes another off a plank in order to save his life. This paper discusses these situation and concentrates on the last situation (...) - Kant's interpretation of the plank of Carneades – with an eye to what they learn us about Kant understanding of the law. Does Kant acknowledge a legal vacuum? In order to come to a conclusion, Kant's 'solution' of the plank is compared with those suggested by other authors, such as Cicero, Pufendorf and Lon Fuller in his famous 'speluncean explorers' case. (shrink)

1. Understanding.--2. Purpose.--3. Conciliation.--4. Justice.--5. Justice, science and religion as contributions to civilization.--6. Uniformitarian process under supreme law.

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...) ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

Although the role of ethics in modern Jewish thought has been widely explored, major works by foundational philosophers remain largely absent from such discussions. This essay contributes to the recovery of these voices, focusing on the Hebrew writings of Moses Mendelssohn and Nachman Krochmal. I argue that these texts reveal the existence of a shared ethical project animating these founding philosophical voices of Jewish modernity, and that reconstructing their claims contributes to broader conversations about the relationship between ethics and law. (...) Mendelssohn and Krochmal present Jewish law as addressing needs emerging from the history of moral philosophy—from the modern histories of Platonic and Aristotelian ethics. Moreover, my reading highlights these thinkers’ ongoing relevance, suggesting that their work illuminates the role of law in ethical cultivation. (shrink)

I. Glenn Cohen’s Patients with Passports: Medical Tourism, Law, and Ethics offers a thorough examination of the growing practice of medical tourism, the legal regulations governing it, and the many ethical issues it raises for policy-makers, health care providers, and prospective medical tourists. Demonstrating mastery of the relevant literatures in the social sciences, law, ethics, and political philosophy, Cohen provides a comprehensive overview of the current practice of medical tourism, and offers well-argued, sensible policy advice to guide its reform. (...) Cohen’s book is a significant achievement of interdisciplinary scholarship and is essential reading for scholars and policy-makers. Medical... (shrink)

What does mean in constitutional First Amendment law and in ordinary language and the philosophy of language? Under what circumstances does intentional action count as speech? Can communication be unintentional? And what follows (in law) from the fact that almost any action can be made expressive?