This article discusses the merits of teaching legal analysis and writing and of developing a legal writing program at a faculty of law, and recommends that law faculties around the world incorporate this subject. Once absent from the American law school curriculum, this subject has become a required subject in all American law schools over the past 25+ years. The article suggests steps for implementing a legal writing course or program, and offers a variety (...) of resources for doing so. (shrink)

Contains the author's galley proofs with manuscript corrections and type-written additions.

It has been three years since we held the Feminism, Legality and Knowledge seminar to respond to our developing frustrations and excitement around feminist legal studies and academic publishing. In the wake of our 25th anniversary in 2018, we critically reflect further on our original intention to stock up on decolonising techniques to mix feminism, legality and knowledge whilst building on previous consideration of our self-proclaimed ‘international’ status. These reflections are prompted by editorial board members’ experiences as participants in (...) the Cardiff Law and Global Justice Centre’s British Academy-funded Global South Socio-Legal Writing Workshops in Accra, Nairobi and Recife in 2018. Following an explanation of the concerns with academic publishing that have prompted this reflection, we provide a narrative of our experiences in each of the three workshops exploring the lessons learned and their impact on our practice as editors and scholars in feminist legal studies. We finish with a renewal of our commitment to decolonise our minds and practices by continuing to struggle to earn the label ‘international’ for the journal now and in future. A brief introduction to the contents of this issue of FLS follows the reflection. (shrink)

It is still underestimated to what extent in his main works Hugo Grotius not only sketched and developed a system of private, state and international law; but also outlined a general philosophy or theory of law. By asking questions concerning the law of property, the law of prize and booty, the law of peace and war or the legal status of sovereignty he did not only refer to the 'right side', i.e. to actions that can be labelled as rightful (...) and legal. He also dealt with many aspects of what is not right and unlawful, not limiting himself to just give mere examples of crossing the border to the 'non right side'. It was a part of Grotius's methodological approach to systematically reflect on the law from the perspective of its violations. One example of such a violation is the act of piracy and the figure of the pirate. To outline this is the aim of the following article. By showing that the pirate and his 'legal twin', the privateer, were belong together as two sides of the same coin, they come to symbolise in an exemplary way the differentiation between 'right' and 'non right' as the unity of law in the legal philosophy of Grotius. (shrink)

Essential Legal Knowledge and Writing Skills focuses on the learning needs of students in legal master's programs. This text provides the knowledge and skills students need to succeed in legal studies and their professional careers. It incorporates student feedback and lessons learned in the authors' combined 30 years of experience teaching master's students. This foundational text covers court and government structure and function. It provides tested tools and strategies to read and analyze cases, statutes, and regulations. (...) The ethics chapter addresses the potential pitfalls of ethical issues and the unauthorized practice of law. The book devotes three chapters to writing, acknowledging that industry leaders seek and promote employees with excellent writing skills. A strong emphasis on regulations provides guidance to the many students who work in highly regulated fields. The text highlights specific strategies to research regulations and submit comments to agencies to effect change in their industries. It equips students with the requisite knowledge of the legal world, and the ability to write cogently about business and the law. Essential Legal Knowledge and Writing Skills is a clear, concise, foundational text grounded in best practices. (shrink)

Writing Chinese Laws: The Form and Function of Legal Statutes Found in the Qin Shuihudi Corpus. By Ernest Caldwell. Routledge Studies in Asian Law. New York: Routledge, 2018. Pp. x + 202. $149.24 ; $24.98.

This research aims to describe how practicing lawyers perceive ‘plain writing’ in the legal field and to conceptualize this notion through the discourse analysis of these specialists. To do so, a qualitative research framed in the interpretive paradigm has been developed. Specifically, 18 practicing lawyers, from different countries and with different specializations in the practicing of Law, were surveyed. After analyzing the discourse of the interviewed lawyers, eight macro categories accounting for plain language both generally and particularly were (...) identified. The audience was identified as a key element in the production of legal texts which facilitate justice to citizens. Based on our analysis, we conclude with a definition of plain writing. (shrink)

Ernst-Wolfgang Bockenforde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Bockenforde has been a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the rights of the enemies of the state, the constitutional status of the state of emergency, citizenship rights, and (...) challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and thus holder of one the most important and most trusted public offices, Bockenforde has influenced the way in which academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions pertaining to the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration...--Page two of cover of volume two. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Beginning in the 20s of the last century, historical research into Eiximenis's life and writings has thrown into relief his contribution to the language and political ideas of the kingdoms and towns of the Catalan-Aragonese Crown. Of fundamental importance has been the work of medievalists from North America, and in particular that of Canadian scholars during the last decades of the twentieth century.More recently, a number of studies have (...) underlined the decisive contribution of Eiximenis – a representative of a European textual tradition among friars of the Minor Observance that extended from Oxford to Florence – to the establishment of a system of ethical values for the economic sphere and for trading practices that continued to be developed by members of the Franciscan Order throughout the high middle ages and early modern period.As a follow-up to these studies, I believe that a program of textual analysis and systematic investigation of Eximenis's work could provide further information about the range and significance of his political thinking, based as it was on applying, in typically Franciscan fashion, experimental observation to gain an understanding of the nature both of the societas and of the market, the latter being thought of as a defining expression of civic institutions in Western Europe. This same experimental approach can be found in Franciscan thinking from the catalan-aragonese realm not only in the work of Arnau de Vilanova and Ramon Llull, but also in that of Pere Tomas and Anselm Turmeda, two figures fundamental to the preparation and political engagement of the Friar of Girona.1. The concept of contractIn Eiximenian texts, the communitarian dimension is defined as one that is of necessity based on contract. It is expounded in the long opening section of the Dotzè del Crestià, where Eiximenis outlines the political value of the civitas, as well as setting out the elements that constitute civic life.Borrowing from Aristotle's discussion in the First Book of the Politics , the Franciscan friar strongly affirms that one of the principal reasons behind the civitas is the "necessitat de contractes," the need for contracts. Going far beyond the highly qualified analysis of money and coinage set out by the Greek philosopher, Eiximenis here maintains that the aims of the community is the profit that the citizenry realises by means of different forms of exchange, through buying and selling, through contracts, and through trading. Moreover, that the binding nature of trading-contracts is a matter of concern not of the city in the narrow sense, but of each and every kind of human social organization.Even before contract-law, or, better said, conventional or foral procedure, Eiximenis views the idea of the contract as an essential part of the ethical and organizational principles of living as a community, the essence of the civitas. And it is of great significance that when he is discussing the value and function of money, Eiximenis chooses to call the sorts of exchange that to-day we term economic or financial les civils conmutacions, or exchanges between citizens.These lexical hints allow us to capture the strength of meaning and value, the ethical perspective by which the Gerundense defines the inextricable union of the market and civic society. But it is not only an analytical perspective, significant as that is, that unites market and civic ethics; we are presented with a value judgment of contract and economic exchange as elements that determine the very idea of civilitas.The "bona civilitas," an expression that can be roughly translated as "good civic culture," is in fact founded on a concept of economic ethics that has as its distinguishing feature the logic of profitable exchange, of the distribution of that profit, of contractualization, and of the circulation of goods and money. It is characterised by redefining the anti-value of avaritia as a real.. (shrink)

This second volume of essays by Professor Kelley takes the study of history as its starting point, then extends explorations into adjacent fields of legal, political, and social thought to confront some of the larger questions of the modern human sciences. The first group of papers examine the historiography of the Protestant Reformation and then of the Romantic and Victorian periods; the last section focuses on the legal tradition and its interpretation in relation to social and cultural, as (...) well as historical thought, in the period from the Renaissance to the French Revolution. Throughout, the author's interest is to analyse how people at different times have viewed their past - and reconstructed and utilised it in the service of their present concerns. (shrink)

Explaining what made ancient Greek law unusual, Michael Gagarin observes that most premodern legal cultures “wrote extensive sets of laws for academic purposes or propaganda but these were not intended to be accessible to most members of the community and had relatively little effect on the actual operation of the legal system.” This article addresses the implications of writing for customary or regional law in South and Southeast Asia. The textual tradition of Dharmaśāstra, which canonizes a particular (...) model of Brahmin customary norms, can certainly be called a “scholarly” exercise, and it was also intended as propaganda for the Brahmanical cosmopolitan world order. But it also formulated a procedural principle to recognize the general validity of other, even divergent, customary norms, though for the most part such rules remained lex non scripta. On the other hand, inscriptions provide evidence that writing was used for diverse legal purposes and offers glimpses of actual legal practice. In these records, customary laws are sometimes laid down as statutes by decree of a ruler or community body, or are simply invoked as long-established customary rules. But even when Dharmaśāstra texts are not directly cited, their influence over the longue durée is discernable in the persistence of śāstric legal categories and terms of art. This influence is even more evident in Java, where legal codes on the Dharmaśāstra model were composed in Javanese, and where the inscriptions came to exhibit a closer connection with śāstric discourse than is found in India. (shrink)

This study analyzed the argumentative writing behavior of Iranian graduate learners of English as Foreign Language in their English essays. Further, the correlations between the use of argument elements and overall writing quality as well as soundness of produced arguments were investigated. To this end, 150 essays were analyzed. The sample essays were found to be predominantly deductive in terms of rhetorical pattern. Moreover, they mainly utilized ‘data’ and ‘claim’ most frequently with secondary elements of argument as the (...) least produced elements. Overall writing quality co-varied significantly positively with the uses of claims, data, counterargument claims, counterargument data, rebuttal claims, and rebuttal data. Essays rated high in terms of overall writing quality were further rated for soundness and relevance of the arguments. The results demonstrate that even for advanced language learners good surface structure cannot necessarily guarantee well thought-out logical structure. The pedagogical implications for writing instruction and research are discussed. (shrink)

The present paper is intended to be a practical guide for teachers who need to run writing for law classes for pre-experienced law students with no or little experience of academic or legal writing. It provides the teachers with advice on how to teach students to draft modern documents by sequencing and selecting the content that reflects the needs of practising lawyers. It shows how legal writing stems from academic and general writing. Overlapping or (...) common elements of academic and legal writing are identified and sequenced in order to create an introductory base for writing for legal purposes. Types of texts that lawyers draft have been selected and used as the scaffold- ing for writing tasks specially designed to suit the students’ proficiency and expertise. (shrink)

In the Statesman and Phaedrus Plato addresses the problem inherent to law of how a general rule can be applied appropriately to particular circumstances. Previous scholarship has shown the connection between these dialogues’ critiques of written law and writing, a similarity this paper argues extends to the comparison of writing to a pharmakon (‘drug’) in both dialogues. Furthermore, close textual analysis shows that the Stranger’s discussion of measure in the Statesman parallels Socrates’ concept of ‘logographic necessity’ in the (...) Phaedrus according to which the parts of a perfect writing cohere like limbs within an organism. Logographic necessity and measure raise the possibility of overcoming the weakness of writing and written law respectively. Ultimately, the Laws recapitulates these issues to reveal an insuperable gap between legal and philosophic writing. Envisioning the ideal of perfect law is, however, necessary to see how law falls short of what philosophy as Platonic dialogue achieves. (shrink)

Current debates in Clinical Legal Education (CLE) exclude essay writing as a legitimate form of ‘clinical’ pedagogy. This article argues that essay writing should be classified as a form of CLE due to its potential to mirror legal practice and enhance students' reflective capacities. By incorporating Hegelian dialectical reasoning, the paper proposes a structured approach to legal essay writing that includes thesis, antithesis, and synthesis. This method encourages students to engage deeply with legal (...) arguments, reflecting on their merits and counterarguments. The dialectical approach aligns with constructivist teaching methodologies, promoting critical thinking and practical skills relevant to legal practice and beyond. The article outlines the theoretical basis of this model and provides a practical framework for its implementation in legal education. It further connects this pedagogical strategy to the development of transferable skills that prepare students for professional legal environments. Through this dialectical method, the paper advocates for a more holistic and nuanced understanding of legal concepts, bridging the gap between academic theory and practical application, and, thus, making the case for the incorporation of Hegel-inspired essay writing into the definition of CLE. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Writing and Authority in Early ChinaLothar von FalkenhausenWriting and Authority in Early China. By Mark Edward Lewis. Albany: State University of New York Press, 1999. Pp. vii + 544. Hardcover $92.50. Paper $31.95.Writing and Authority in Early China is a forceful and sparklingly original work in which Mark Edward Lewis explores the role of writing and texts in the transformation of political authority during the (...) Warring States, Qin, and Western Han periods. Following in the footsteps of the author's well-received first book1 and his magisterial contribution to the Cambridge History of Ancient China,2Writing and Authority establishes Lewis as the premier Western historian of the crucial centuries surrounding the unification of China under a centrally administered empire in 221 B.C. The book's complex, comprehensive, and coherent argument is informed by a variety of Western theoretical approaches, but it principally emanates from a close reading of the full record of transmitted texts and recently excavated manuscripts on [End Page 127] bamboo or wooden slips. The inclusion of the latter class of sources, beset with treacherous problems of decipherment, is still unusual in mainstream sinological scholarship and indicates the author's supreme confidence in his philological skills. With a firm hand, undaunted by the multifarious nature of his materials, Lewis guides the reader to some fundamental themes in recent sinology, opening manifold novel perspectives along the way. Even when dealing with well-known texts, he often proposes striking reinterpretations.In his Introduction, Lewis enumerates six main functions of writing in ancient China: enforcing state authority; creating text-based communities and "public spheres"; transcending the confines of space, time, and human mortality; fashioning figures of authority in the past; standardizing specialized technical terminology; and encrypting secret meanings. In Lewis' own words, "the culminating role of writing in the period, and the key to its importance in imperial China, was the creation of parallel realities within texts that claimed to depict the entire world" (p. 4). This ultimately led to the formation of the Confucian canon as a "textual double of the polity" that could survive cataclysmic changes of regimes.In chapter 1, "Writing the State," Lewis points out that before the Warring States period Chinese writing occurred exclusively in religious contexts. After circa 500 B.C., written documents gradually came to be used in the administration of government and trade. Both in their details of formulation and in the implication that anything committed to writing was thereby supernaturally validated, these new types of documents exhibit pervasive continuity with the earlier kinds of texts used in ritual communication with the ancestral spirits. Such continuity is also reflected in the rise of religious beliefs in a netherworld governed by a bureaucratic hierarchy and administrative processes parallel to those of the world of the living. According to Lewis, "the most important modification in the shift to an administrative polity [in the Warring States] was the extension of writing to new elements of the population. The attributes of the Zhou nobility... were transferred to the common people in the administrative documents of the new state. This widening range of inscription into the state order altered the social meaning of being recorded from a sign of power to one of subjection" (p. 13).Warring States rulers were cast in the role not of the authors of texts but of the authority behind them. Administrative and legal texts were concerned, ultimately, with the proper naming of phenomena, a process that had to adapt itself continually to the changes of the times. The authority of rulers came to encompass both human society and the natural world. "Whereas local and central administration were largely created through reworking and rewriting the ritual bases of the old Zhou order by means of a rationalizing cosmology, the re-invention of rulership drew on the contemporary religious realm and what is sometimes described as shamanism to provide images of cosmic power" (p. 42). Lewis illustrates the mechanics for applying these universal principles of rulership by a comprehensive analysis of the Zhou li (or Zhou guan), emphasizing the cosmological arrangement of the ideal government described therein and the dual administrative and religious dimensions of... (shrink)

This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner. The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody (...) interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doctrines, not least in applying his central ideas to the details of the English constitution. This edition supplies the extensive annotation on matters of legal and historical detail that is required by non-specialist readers; it also assists students by offering cross-references to other treatises. Cromartie's introduction is an authoritative account of seventeenth-century thinking about the common law and of Hobbes's shifting attitudes towards it. It has often been suspected that the book was motivated by fear of being burned for heresy. Cromartie disentangles the complex evidence that documents this fear's development, and shows why the philosopher's acute anxieties eventually led him to write a legal treatise. In clarifying these questions, the edition casts fresh light upon his attitude to law and sovereignty. The second piece takes the form of a question put to Hobbes about the right of succession under hereditary monarchies, together with Hobbes's response. The question is in the handwriting of the fourth Earl of Devonshire, the son of the third Earl, whom Hobbes had tutored in the 1630s. He asks Hobbes whether an heir can be excluded if he is incapable of protecting his prospective subjects. The question of 'exclusion' became the most burning issue in English politics in the course of 1679, when a bill to exclude the future James II was introduced into the House of Commons. Hobbes answers with a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. The manuscript is also of special interest as it constitutes Hobbes's last word on politics. It was almost certainly written in the summer of 1679, less than six months before Hobbes's death. (shrink)

Jeremy Bentham was a ferocious critic of political and legal justification. He sought to replace the ramshackle systems which surrounded him with new, complete codes of law, constitutions and methods of punishment. These were to be based on a single value - the maximization of utility. This collection presents extracts of Bentham's writing on utility and government, and includes nearly the whole of Bentham's An Introduction to the Principles of Morals and Legislation.

Carl Schmitt and the Problem of the Realization of Law 1. The famous pithy aphorisms that Carl Schmitt used to open his major works - 'the sovereign is he who decides on the exception', 'the concept of the state presupposes the concept of the political', etc. - have become a part of the common discourse of contemporary scholarship on politics and the law. The theoretical framework that animates these slogans, however, has remained somewhat opaque. It has often been argued that (...) there is no such framework, that Schmitt was a situational thinker whose works are best understood as interventions in concrete political debates that do not add up to a grand theoretical vision. (shrink)

James Fitzjames Stephen is remembered as a judge, legal historian, and the author of Liberty, Equality, Fraternity, a reply to J. S. Mill's late works. He is less well remembered for his journalism, though it earned him a reputation among his contemporaries as one of the most trenchant writers on topics ranging across the social, religious, political, moral, and philosophical questions debated in his time. It was largely in his journalistic writing that Stephen set forth his views on (...) these questions. Despite such a reputation, however, only a small proportion of this writing was collected during his lifetime, and very little has been republished since his death.Selected Writings of James Fitzjames Stephen: On Society, Religion, and Government includes thirty-five essays expressing Stephen's views on the questions of his day, which have not lost their interest in ours. He wrote at a time when much of the finest writing in English was published in periodicals, often anonymously. The essays in this volume are drawn mostly from Stephen's unsigned contributions to the Saturday Review, with additions, both signed and unsigned, from other periodicals, extending from the 1850s to the 1880s. (shrink)

Systematic reviews, which were developed to improve policy-making and clinical decision-making, answer an empirical question based on a minimally biased appraisal of all the relevant empirical studies. A model is presented here for writing systematic reviews of argument-based literature: literature that uses arguments to address conceptual questions, such as whether abortion is morally permissible or whether research participants should be legally entitled to compensation for sustaining research-related injury. Such reviews aim to improve ethically relevant decisions in healthcare, research or (...) policy. They are better tools than informal reviews or samples of literature with respect to the identification of the reasons relevant to a conceptual question, and they enable the setting of agendas for conceptual and empirical research necessary for sound policy-making. This model comprises prescriptions for writing the systematic review's review question and eligibility criteria, the identification of the relevant literature, the type of data to extract on reasons and publications, and the derivation and presentation of results. This paper explains how to adapt the model to the review question, literature reviewed and intended readers, who may be decision-makers or academics. Obstacles to the model's application are described and addressed, and limitations of the model are identified. (shrink)

In every legal system, consumer law indicates problems that it is supposed to solve: imbalance, unfairness and unconscionability. It raises important questions about a legal system’s pre-existing ability to deal with those problems. In a way, consumer law’s very presence in a legal system judges that system. When considering consumer law as a part of the system, an opposition arises between two kinds of discourse. First, there is a discourse, which constructs consumer law as a legal (...) entity apart from the others, sometimes leftist, founded on a defense of social justice or on market regulation. From this angle, consumer law might easily appear to be subversive. Second, there is a discourse, which results from the effort to accommodate consumer law within the legal tradition’s general private law. Under this discourse, rather than disrupting the core private law, consumer law is integrated into it. A gap may thus be noticeable between the initial intentions that sustain consumer law and the effects it produces. The author’s claim in this paper is that this gap, which generates ambivalence about consumer law, results from western legal systems’ main way of formalizing law in the contemporary era by writing. (shrink)

Teaching writing to doctoral students or academics at a technical university is a challenging task. Because they need to publish their research findings in English to pursue academic careers, they are usually highly motivated and expect a lot of the class. Their language competences, however, very often lack enough proficiency and may contribute to manuscript rejection. The paper focuses on language issues based on the rules of controlled natural languages and guidelines of Plain English. It shows how employing these (...) issues improves grammatical quality and readability of science-oriented written texts. The paper describes four principles: removing nominalisation and using the so-called strong verbs to make the message simpler and more direct; combining nouns in strings to express complex ideas economically; applying grammatical consistency for coordinate elements in sentences to make them less chaotic; and reducing wordiness to obtain a more precise and comprehensible piece of writing. Sample phrases and sentences from authentic student writing as well as their improved versions are provided to each of the guidelines so that a reader has a deeper insight into how the principles work in a specialist context. Because problems with, for example, research papers, grant proposals or reports are common to various disciplines and at various levels, the Author of the paper draws conclusions that these principles should be implemented not only in a technical but also legal, medical and business writing course offered by English teachers to both young researchers and experienced scientists. (shrink)

In this article, we discuss ethical issues related to using and disclosing artificial intelligence (AI) tools, such as ChatGPT and other systems based on large language models (LLMs), to write or edit scholarly manuscripts. Some journals, such as Science, have banned the use of LLMs because of the ethical problems they raise concerning responsible authorship. We argue that this is not a reasonable response to the moral conundrums created by the use of LLMs because bans are unenforceable and would encourage (...) undisclosed use of LLMs. Furthermore, LLMs can be useful in writing, reviewing and editing text, and promote equity in science. Others have argued that LLMs should be mentioned in the acknowledgments since they do not meet all the authorship criteria. We argue that naming LLMs as authors or mentioning them in the acknowledgments are both inappropriate forms of recognition because LLMs do not have free will and therefore cannot be held morally or legally responsible for what they do. Tools in general, and software in particular, are usually cited in-text, followed by being mentioned in the references. We provide suggestions to improve APA Style for referencing ChatGPT to specifically indicate the contributor who used LLMs (because interactions are stored on personal user accounts), the used version and model (because the same version could use different language models and generate dissimilar responses, e.g., ChatGPT May 12 Version GPT3.5 or GPT4), and the time of usage (because LLMs evolve fast and generate dissimilar responses over time). We recommend that researchers who use LLMs: (1) disclose their use in the introduction or methods section to transparently describe details such as used prompts and note which parts of the text are affected, (2) use in-text citations and references (to recognize their used applications and improve findability and indexing), and (3) record and submit their relevant interactions with LLMs as supplementary material or appendices. (shrink)

In this article I discuss the nature and sense of legal reasoning as reasonableness, i.e. as judgement and equilibrium between normativity and factuality, and as constant approximation between these two dimensions. By phrasing the intertwinement between legal hermeneutics and the nature and function of writing, the structure of the article is constructed so that the focus is on the changes currently occurring with the so-called ‘digital revolution’: in imagining a juridical system administrated through data analysis and algorithms, (...) some contradictions emerge, especially concerning the nature, sense and task of legal hermeneutics. The current shift of paradigm should be first of all addressed starting from the grammatological nature of the revolution at stake. Only from this perspective can the shift be entirely grasped and, at the same time, only from this perspective can the methodological conundrum be deconstructed. (shrink)

"Mitchell Franklin (1902-1986) is described by the Buffalo Law Review as the foremost Marxist legal philosopher in the English-speaking world. In these selected writings, Franklin, a professor of law at Tulane University for 37 years, discusses how the development of natural law from an idealist to a materialist concept in the transition from feudalism to capitalism is reflected in the drafting of the U.S. Constitution and its interpretation today" --Publisher's summary.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Writing and Authority in Early ChinaLothar von FalkenhausenWriting and Authority in Early China. By Mark Edward Lewis. Albany: State University of New York Press, 1999. Pp. vii + 544. Hardcover $92.50. Paper $31.95.Writing and Authority in Early China is a forceful and sparklingly original work in which Mark Edward Lewis explores the role of writing and texts in the transformation of political authority during the (...) Warring States, Qin, and Western Han periods. Following in the footsteps of the author's well-received first book1 and his magisterial contribution to the Cambridge History of Ancient China,2Writing and Authority establishes Lewis as the premier Western historian of the crucial centuries surrounding the unification of China under a centrally administered empire in 221 B.C. The book's complex, comprehensive, and coherent argument is informed by a variety of Western theoretical approaches, but it principally emanates from a close reading of the full record of transmitted texts and recently excavated manuscripts on [End Page 127] bamboo or wooden slips. The inclusion of the latter class of sources, beset with treacherous problems of decipherment, is still unusual in mainstream sinological scholarship and indicates the author's supreme confidence in his philological skills. With a firm hand, undaunted by the multifarious nature of his materials, Lewis guides the reader to some fundamental themes in recent sinology, opening manifold novel perspectives along the way. Even when dealing with well-known texts, he often proposes striking reinterpretations.In his Introduction, Lewis enumerates six main functions of writing in ancient China: enforcing state authority; creating text-based communities and "public spheres"; transcending the confines of space, time, and human mortality; fashioning figures of authority in the past; standardizing specialized technical terminology; and encrypting secret meanings. In Lewis' own words, "the culminating role of writing in the period, and the key to its importance in imperial China, was the creation of parallel realities within texts that claimed to depict the entire world" (p. 4). This ultimately led to the formation of the Confucian canon as a "textual double of the polity" that could survive cataclysmic changes of regimes.In chapter 1, "Writing the State," Lewis points out that before the Warring States period Chinese writing occurred exclusively in religious contexts. After circa 500 B.C., written documents gradually came to be used in the administration of government and trade. Both in their details of formulation and in the implication that anything committed to writing was thereby supernaturally validated, these new types of documents exhibit pervasive continuity with the earlier kinds of texts used in ritual communication with the ancestral spirits. Such continuity is also reflected in the rise of religious beliefs in a netherworld governed by a bureaucratic hierarchy and administrative processes parallel to those of the world of the living. According to Lewis, "the most important modification in the shift to an administrative polity [in the Warring States] was the extension of writing to new elements of the population. The attributes of the Zhou nobility... were transferred to the common people in the administrative documents of the new state. This widening range of inscription into the state order altered the social meaning of being recorded from a sign of power to one of subjection" (p. 13).Warring States rulers were cast in the role not of the authors of texts but of the authority behind them. Administrative and legal texts were concerned, ultimately, with the proper naming of phenomena, a process that had to adapt itself continually to the changes of the times. The authority of rulers came to encompass both human society and the natural world. "Whereas local and central administration were largely created through reworking and rewriting the ritual bases of the old Zhou order by means of a rationalizing cosmology, the re-invention of rulership drew on the contemporary religious realm and what is sometimes described as shamanism to provide images of cosmic power" (p. 42). Lewis illustrates the mechanics for applying these universal principles of rulership by a comprehensive analysis of the Zhou li (or Zhou guan), emphasizing the cosmological arrangement of the ideal government described therein and the dual administrative and religious dimensions of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Humanism and Truth: Valla Writes against the Donation of ConstantineRiccardo FubiniTranslated by Anastasia Ananson and William ConnellThere has existed for a long time now in studies of Renaissance humanism (and not only as these have developed in a single country or disciplinary area) a tendency to consider from a prevalently formalist point of view what was instead an innovative and complex cultural experience. A particularly privileged position has been (...) reserved for the ars rhetorica, which, considered in its “purely formal instrumentality,” has been treated as though immune from ideological contamination. 1 The fear of becoming entangled in matters of ideological interpretation may, in turn, give rise to new and more seriously flawed readings. Although this is a matter which I shall not now emphasize, it should be clear that when the interpretation of a text is limited to its “purely formal instrumentality,” the vacuum that results can be filled more easily with matter that is new and different. Ideology chased from the doorstep may yet sneak in through the window, sometimes completely stripped of its real historical context. However, what is more important to note here as a premise to my discussion is that, along with the formalism already referred to, one finds in recent studies a tendency to diminish or minimize the significance of writings that were celebrated by the historical traditions of the last century and felt to belong to a shared cultural, religious, or political legacy.Among such writings the De falso credita et ementita Constantini donatione of Lorenzo Valla has certainly played an important part, beginning at least with the clamor that was raised on its behalf by Ulrich von Hutten and Martin Luther. Yet it is quite typical that the work’s most recent [End Page 79] editor, who has dedicated much careful research to Valla’s treatise and its reception, should have attempted to disconnect the meaning of Valla’s treatise in its own time from the influence it would later have, concluding that “the influence [of Valla’s work] manifested itself in accents quite different from those that have resulted from [current] interpretation.” 2 In the view of this scholar, at the time of the composition of Valla’s work, Constantine’s alleged “donation” was no longer a matter of contemporary relevance; rather, it furnished the theme for a brilliant exercise in legal rhetoric. He writes: “By then the Donation of Constantine was no longer an urgent theme for political theory. (Die Konstantinische Schenkung war damals kein beherrschendes Thema der politischen Theorie mehr.)” 3My discussion takes its cue from this point. Without dwelling at length on the various contributions of other scholars, I shall begin first by trying, on the basis of documentary evidence, to restore Valla’s treatise to life, to the climate of its day, in order then to gather and present its meaning along interpretative lines I have already laid out elsewhere. 4According to that usually trustworthy Florentine chronicler, Giovanni Cavalcanti, Filippo Maria Visconti, duke of Milan, at the end of 1443 made a diplomatic avance toward Florence. Principal among the issues dividing the two powers had been the protection afforded by the regime of Cosimo de’ Medici to Francesco Sforza, then holed up in his fiefdoms in the March of Ancona. The Duke now proposed that they should unite in common defense against the Pope, insofar as the latter was sovereign lord of the March. Beyond these particular circumstances, the accord was supposed to find its warrant in the partners’ shared interest in affirming the superiority of civil over ecclesiastical jurisdiction. So the Duke, according to Cavalcanti, advanced his proposal with words that allow us to suspect an early but not surprising echo of Valla’s treatise (first circulated in that very year): “It so happens that even if Constantine consigned to Sylvester so many and such rich gifts—which is doubtful, because such a privilege can nowhere be found—he could only have granted them for his [Sylvester’s] lifetime, [because] the Empire takes precedence over any lordship.” No differently from Valla, Duke Filippo Maria thought the sovereign impersonality of the [End Page 80] law was the prerogative only of the Empire (and... (shrink)

The increasing use of Generative AI raises many ethical, philosophical, and legal issues. A key issue here is uncertainties about how different degrees of Generative AI assistance in the production of text impacts assessments of the human authorship of that text. To explore this issue, we developed an experimental mixed methods survey study (N = 602) asking participants to reflect on a scenario of a human author receiving assistance to write a short novel as part of a 3 (high, (...) medium, or low degrees of assistance) X 2 (human or AI assistant) factorial design. We found that, for a human author, the degree of assistance they receive matters for our assessments of their level of authorship, creatorship, and responsibility, but not what or who rendered that assistance, although it was more important to disclose human rather than AI assistance. However, in our assessments of the assisting agent, human assistants were viewed as warranting higher rates of authorship, creatorship, and responsibility, compared to AI assistants rendering the same level of support. These results help us to better understand emerging norms around collaborative human-AI generated text, with implications for other types of collaborative content creation. (shrink)

Philosophy lecturer and essayist Gary Jason tackles timely issues from education reform to the Arab Spring in his new anthology Disturbing Thoughts: Unorthodox Writings on Timely Issues. Disturbing Thoughts collects more than 160 political and social commentary essays published between 2010 and 2012. Among the many topics addressed are environmentalism, public employee pensions, education, and political reform. Today's headlines are filled with discussion on the growing dysfunction of unfunded pension benefits, the debate over immigration, and concerns about the shale industry. (...) Whatever the topic, Jason doesn't shy away from offering his opinion, asking, for instance, how could we allow in many more immigrants legally without causing financial strain. Disturbing Thoughts arrives as a follow-up to Jason's 2011 anthology, Dangerous Thoughts, which collected a similarly eclectic set of essays written between 1979 and 2010. His most recent articles include pieces published in Liberty, American Thinker, The Orange County Register, The Washington Times, and The American. Jason comes to issues from the classical liberal position-albeit with an unusual perspective that sets him apart from most other political commentators. Whether you agree or not, his views are sure to keep readers thinking. (shrink)

In Documentality (2013), Maurizio Ferraris argues that documents are at the heart of social institutions. Taking this notion as a cue, this piece considers a key organisation in the resistance to state violence and Pinochet's dictatorship in Chile, the Vicaría de la Solidaridad, and focuses on the remarkable document where the desperate stories of people detained, disappeared and murdered following the coup in 1973 were recorded. This process of registration adopted an overtly rational, administrative response akin to the ‘bio-political’ modes (...) of governing life that Foucault described. As such, it was also built upon a refusal to allow the lives of a section of the population to be cast as without value. Moreover, it ‘deferred’ to a future, in which such documentation would be an invaluable record of injustice. Its legacy is not confined to legal forums, however; academic work and Nicolás Franco's artwork La Sábana (The Sheet, 2017) have also emerged. (shrink)

In this paper it is argued that Grotius views on customary law are compatible with the concept of a ‘Grotian Moment’. However, the idea of accelerated customary international law is developed by Van Vollenhoven, who interpreted Grotius in a questionable way. Whereas Grotius qualifies as a thinker in the tradition of natural law, Van Vollenhoven should be seen as an interactionist. This is especially visible in his publications on adat law, in which he visibly belongs to a romantic, Germanist, and (...) rather pluralist tradition of law. The idea of a Grotian Moment also fits better with this starting point than with natural law. For this reason, the ‘Grotian Moment’ should be renamed ‘Van Vollenhoven’s Moment’. It is argued that this legal theoretical position explains some of Van Vollenhoven’s rather peculiar interpretations of Grotius. (shrink)

This paper draws on a social perspective of language use in the legal processes of asylum claims with particular attention to decision-writing and written texts within the context of the Greek Appeals Authority. Such a perspective aligns with an interdisciplinary call for emerging research framed in sociolinguistics and the law, that facilitates knowledge sharing in order to make visible the institutional veracity control inherent in asylum processes. To that end, applying van Leeuwen’s social actor network framework, I analyze (...) nine (9) institutional written records, issued between 2011 and 2021 by focusing on the semiotics resources at play in writing. My conclusions highlight the institutional discursive power over writing and representing the applicants and their claims. Ultimately, such institutionally controlled texts are nothing but technopolitical discourse devices through which access to or rejection of protection is granted, thereby governing asylum in fundamentally stratified ways. (shrink)

A critical edition of two great works by Thomas Hobbes. The Dialogue of the Common Laws is his classic critique of common law, essential reading for anyone interested in English political thought or legal theory. It is accompanied by Hobbes's last word on politics, a fragment in which he mounts a robust defence of hereditary right.

Students of Mill's political theory know that he was both a political reformer and a social philosopher. An important part of Mill's life involved political struggles over the electoral franchise and schemes of parliamentary representation, the legal and social emancipation of women, land law and economic policy, and freedom of speech and the press. When turning to his best known writings such asOn Liberty, Considerations on Representative Government, Principles of Political EconomyandThe Subjection of Women, issues of reform intrude at (...) almost every point. Even his more philosophical writings—Utilitarianism, An Examination of Sir William Hamilton's PhilosophyandSystem of Logic— can be seen as attacks on or supports for those theories of man and society which Mill sees as hindering or furthering ‘the improvement of mankind’. Moreover, Mill's subsidiary careers as a journalist, editor of theLondon and Westminster Reviewand member of parliament further demonstrate his commitment to political reform. (shrink)

This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner. As a critique of common law by a great philosopher, the Dialogue should be essential reading for anybody interested in English political thought or legal theory. Cromartie has established when and why the (...) work was written and has supplied extensive annotation to make the work accessible to the non-specialist reader. The additional piece sees Hobbes mounting a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. It is also of special interest as it constitutes Hobbes's last word on politics. (shrink)

While there is a considerable body of research on law student identity construction based on interviews and transcripts of classroom talk, there is very little work based on student written texts. In this article two letters of advice written by beginning law students are analysed, using Ivanic and Camps’s framework, as an example of identity formation. Legal identity is argued to be formed by students’ attempts to accommodate a dynamic, partial, practitioner role of provider of advice to the traditional (...) analytic focus of the law student. The process of accommodation is evident in the language of the letters, which show disfluencies resulting from attempts to combine different roles into a coherent legal identity. Comparison with a professionally written letter suggests that, rather than seeking to shape a coherent position, lawyers are able simultaneously to hold incompatible perspectives, concealing the tensions by foregrounding some perspectives and backgrounding others. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Commandment against the Law Writing and Divine Justice in Walter Benjamin’s “Critique of Violence”Tracy McNulty (bio)Pierre Legendre has shown that the Romano-canonical legal traditions that form the foundations of Western jurisprudence “are founded in a discourse which denies the essential quality of the relation of the body to writing” [“Masters of Law” 110]. It emerges historically as a repudiation of Jewish legalism and Talmud law, (...) where the rite of circumcision encodes the subject’s entry into law as an “allegiance to the absolute Writing,” or the “relationship between the human subject and the logical place of the Other” [110–11; see also “les juifs”]. In this shift, one understanding of writing is displaced by another: the material inscription of the letter, as an incommunicable limit or cut, is supplanted by the fantasy of what Legendre calls a “living writing,” a writing “in the heart” that promotes an ideal of perfect communication in which nothing is lost, in which meaning is lodged in an absolute Other who guarantees all knowledge. In his words, “we belong to a culture in which a mystically alienated human body stands in the place of the absolute book. The state has emerged from this structure.... Its basic characteristics can be set out by means of a fundamental Romano-pontifical maxim: the Emperor carries all the archives in his breast (omnia scrinia habet in pectore suo)” [“Masters of Law” 109].The ultimate theological source of this Roman maxim is Paul’s polemic against the Jewish law in the Epistle to the Romans. Paul’s polemic is structured by a distinction between two orders of law: the “law of God” and the “law of sin.” The first is associated with the intelligible “spirit” of the law, which is “written in the heart,” the second with the prescriptive “letter” of the Jewish law, which compromises or corrupts the first by binding it to a particular representation and consigning it to written form. Paul’s solution is to bypass the law, to bypass representation, and perhaps even language itself. The prescriptive “letter” of the Jewish law must be sublated by the law of the spirit, such that “we serve not under the old written code but in the new life of the Spirit” [Romans 7: 6]. Christ, as the living embodiment of the law of God, upholds the spirit of the law by “fulfilling”––and so rendering obsolete–its written form.The doctrine of Christ as the “living law” sustains what Legendre describes as a “banalisation of writing” [“Masters of Law” 111], a disregard for its material inscription that holds the letter to be nothing more than a placeholder, a flawed or incomplete representation of a meaning or truth that is itself beyond words. At the same time, it makes possible the legal and political fantasy of a living writing, located in a single body understood as the site of interpretive authority. The extraction of a meaning or truth from the intractable letter becomes the ultimate aim of the legal order and the most lofty task of its sovereign interpreter, uniquely charged with animating the dead letter. This notion permeates what Peter Goodrich describes as “the most standard protocols of legal reading,” according to [End Page 34] which “it is not the letter but the spirit that determines the meaning of the law”:The text is composed of dead letters (litera mortua); the rule is no more than a “mute judge,” a sleeping form, requiring the interposition, anima legis, of jurist or judge.... [T]he meaning of the law is internal to its living body, viva vox iuris or lex loquens, its image, interpreter, or legislator. In classical terms it is spelled out by reference to something beyond words: “to know the law is not to know the words of the law, but its force and power.” In a renaissance formulation we are similarly told that “no words, forms, niceties, or propriety of language is of any regard in the Civil Law, in comparison to truth, faithfulness and integrity. For verba menti, non verbis servire debet; words, are made as instruments to serve and express the mind, and not to command it.”[229–30]1... (shrink)

This paper concerns the character of argumentation in inner dialogue, i.e. dialogue that an individual keeps to herself in her own mind. The problem of inner dialogue research is the methodological difficulty connected with its externalization. In the text, the activity of crisis diary-writing is suggested as a way of naturally externalizing inner decision-making. By adopting a pragma-dialectic approach to argumentation, the text attempts to characterize crisis diary-writing as an argumentative activity type. The argumentative characterization of crisis diary- (...) class='Hi'>writing involves identifying the institutional point and implemented genre as well as distinguishing the empirical counterparts of the four stages of critical discussion. For illustration, the paper draws its examples from Anne Frank’s Diary. As a result of the characterization achieved in the paper, it is concluded that crisis diary-writing is a conventionalized deliberative activity type preconditioned by implicit norms governing the conduct of argumentation. (shrink)

Ernst-Wolfgang Böckenförde is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court, Böckenförde has been a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the rights of the enemies of the state, the constitutional status of the state of emergency, citizenship rights, and challenges of (...) European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and thus holder of one the most important and most trusted public offices, Böckenförde has influenced the way in which academics and citizens think about law and politics. During his tenure as a member of the Second Senate of the Federal Constitutional Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions pertaining to the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. In the first representative edition in English of Böckenförde's writings, this volume brings together his essays on constitutional and political theory. The volume is organized in four sections, focusing respectively on the political theory of the state; constitutional theory; constitutional norms and fundamental rights; and the relation between state, citizenship, and political autonomy. Each of these four cornerstones of Böckenförde's legal and political thinking features introductions to the articles as well as a running editorial commentary to the work. A second volume will follow this collection, focusing on the relation between religion, law, and democracy. (shrink)

Edith Stein is widely known as a historical figure, a victim of the Holocaust and a saint, but still unrecognised as a philosopher. It was philosophy, however, that constituted the core of her life. Today her complete writings are available to scholars and therefore her thinking can be properly investigated and evaluated. In the final parts of the book, the author shows how Stein's ideas are relevant today, in particular to the ongoing doctrinal and legal debates over the concept (...) of human dignity. (shrink)