Here is an introduction to the intellectual challenges presented by law in the western secular tradition. Treating not just British law, but the whole western tradition of law, Professor Honore guides the reader through eleven topics which straddle various branches of the law, including constitutional and criminal law, property, and contracts. He also explores moral and historical aspects of the law, including a discussion of justice and the difference between civil and common law systems. The law, Honore argues, is mainly (...) concerned with the question of obedience to authority, and establishing the situations in which obedience is required and those in which it may be waived ought to be the central concern of all legal theorists. (shrink)

1 Responsibility and self-control................................. 1 Michael Smith 2 The capacity to have done otherwise: an agent-centred view 21 Philip Pettit 3 Private law and private narratives.............................. 37 Arthur Ripstein 4 Honoré on responsibility for outcomes........................ 61 Stephen R. Perry 5 Responsibility and fault: a relational and functional approach to responsibility 81 Peter Cane 6 Obligations and outcomes in the law of torts............... 111 John Gardner 7 Unpacking “causation‘....................................... 145 Jane Stapleton 8 Private law: between visionaries and bricoleurs............... 187 William (...) Lucy 9 Appreciations and responses................................. 219 Tony Honoré Index................................................... 241. (shrink)

Expressing views not easily placed within any one school of opinion, this collection of the papers of Tony Honore reflects the author's contribution, as both critic and participant in debate, to the study of legal philosophy over the last twenty-five years. His wide-ranging essays cover such topics as motivation to conform to the law, norms and obligations, and rights and justice, and conclude with an essay supporting the use of law to encourage or reinforce morality.

An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.

If positivism is interpreted as requiring that nothing is law that does not conform to socially accepted criteria, it is inconsistent with positive law. This is because law purports to be morally in order. Hence it is always possible to argue against a certain interpretation of the law that it is morally indefensible and there is always a certain pressure within a legal system to render it morally defensible. In that way critical morality necessarily becomes a persuasive source of law.

The first text of Justinian’s sixth century Digest records that Ulpian, the leading lawyer from Syria and counsellor to successive emperors of the Severan age (AD 193-235), related the term ‘law’ to four elements: art, religion, ethics and philosophy.2 Law is the art of the good and equitable, of which lawyers can well be called priests. They cultivate justice and the knowledge of right and wrong, and aim, unless Ulpian is mistaken, at the true philosophy.3 He goes on to say (...) that private law is collected from three sources: natural law,4 the law common to all communities (ius gentium) and the law specific to each community (civil law).5 Gaius, a generation earlier, listed two sources: the civil law of each community and the ius gentium.6 He recognized, however, the existence of natural law which, so far as performing a ‘natural obligation’ is concerned, cannot be changed by civil law.7 At times he identifies natural law with ius gentium. (shrink)

This is a thoroughly revised edition of the only full-scale work about possibly the most influential lawyer of all time, the Syrian Ulpian. Ulpian wrote a massive survey of Roman law in 213-17 AD and the author argues that his philosophy of freedom and equality make him a pioneer of human rights.

This collection of essays, published to coincide with Tony Honore's sixty-fifth birthday, focuses on the areas where Honore's thought has made the most significant contribution: Roman law and jurisprudence. Included are essays by P.S. Atiyah, Zenon Bankowski, John Bell, Peter Birks, John W. Cairs, Hugh Collins, David Daube, W. M. Gordon, J. W. Harris Nicola Lacey, A. D. E. Lewis, Detlef Liebs, G. D. MacCormack, Neil MacCormick, G. Maher, Pieter Norr, Alan Rodger, and Peter Stein.

The author proposes here “the first Romanian attempt at a hermeneutic systematization of the philosophy of European law”, a field that is approached from an organic, integrating perspective. It has to be seen as a synchronic lectio magistralis on the ineluctable role of the spiritual roots when deciphering and assuming national identity. The complicated “euronomosophical” discourse, whose beginning is an excellent page of self-history about the “Europe” of the author, voices an appeal to a deeper self-knowledge. A complex, dynamic reality: (...) from euromyth to euro-oniria and PaxEuropaea. Such incursions into the universe of law certainly involve an instructive and pedagogical side, building a patchwork of ideas, suggestions and themes that could be further developed. (shrink)

There is an increasingly widespread belief, both within and outside the discipline, that modern economics is irrelevant to the understanding of the real world. Economics and Reality traces this irrelevance to the failure of economists to match their methods with their subject, showing that formal, mathematical models are unsuitable to the social realities economists purport to address. Tony Lawson examines the various ways in which mainstream economics is rooted in positivist philosophy and examines the problems this causes. It focuses (...) on human agency, social structure and their interaction and explores how the understanding of this social phenomena can be used to transform the nature of economic practice. Economics and Reality concludes by showing how this newly transformed economics might set about shaping economic policy. (shrink)

Aristotle's definition of time as 'a number of motion with respect to the before and after' has been branded as patently circular by commentators ranging from Simplicius to W. D. Ross. In this book Tony Roark presents an interpretation of the definition that renders it not only non-circular, but also worthy of serious philosophical scrutiny. He shows how Aristotle developed an account of the nature of time that is inspired by Plato while also thoroughly bound up with Aristotle's sophisticated (...) analyses of motion and perception. When Aristotle's view is properly understood, Roark argues, it is immune to devastating objections against the possibility of temporal passage articulated by McTaggart and other 20th century philosophers. Roark's novel and fascinating interpretation of Aristotle's temporal theory will appeal to those interested in Aristotle, ancient philosophy and the philosophy of time. (shrink)

The non-identity problem arises when an intervention or behavior changes the identity of those affected. Delaying pregnancy is an example of such a behavior. The problem is whether and in what ways such changes in identity affect moral considerations. While a great deal has been written about the non-identity problem, relatively little has been written about the implications for physicians and how they should understand their duties. We argue that the non-identity problem can make a crucial moral difference in some (...) circumstances, and that it has some interesting implications for when it is or is not right for a physician to refuse to accede to a patient's request. If a physician is asked to provide an intervention (identity preserving) that makes a person worse off, then such harm provides a good reason for the physician to refuse to provide the intervention. However, in cases where different (identity-altering) interventions result in different people having a better or worse life, physicians should normally respect patient choice. (shrink)

The name remains: Jewish questioner -- London and language: English writer -- Familial socialism: political Marxist -- King's and kibbutzim: Cambridge Zionist -- Paris, California: French intellectual -- Generation of understanding: East European liberal -- Unities and fragments: European historian -- Age of responsibility: American moralist -- The banality of good: social democrat.

This is an exploration of recent trends in metaphysics, including deflationary and experimental metaphysics.

In Part 1 of this wide-ranging interview, Tony Lawson discussed his role in, and relationship to, Critical Realism as well as various defences of mathematical modelling in economics. In Part 2 he t...

In Part 1 of this wide-ranging interview Tony Lawson first discusses his role in the formation of IACR and how he relates to the generalized use of the term ‘Critical Realism’. He then provides com...

In an age in which the lack of independent public intellectuals has often been sorely lamented, the historian Tony Judt played a rare and valuable role, bringing together history and current events, Europe and America, what was and what is with what should be. In When the Facts Change, Tony Judt's widow and fellow historian Jennifer Homans has assembled an essential collection of the most important and influential pieces written in the last fifteen years of Judt's life, the (...) years in which he found his voice in the public sphere. Included are seminal essays on the full range of Judt's concerns, including Europe as an idea and in reality, before 1989 and thereafter; Israel, the Holocaust and the Jews; American hyperpower and the world after 9/11; and issues of social inclusion and social justice in an age of increasing inequality. Judt was at once most at home and in a state of what he called internal exile from his native England, from Europe, and from America, and he finally settled in New York--between them all. He was a historian of the twentieth century acutely aware of the dangers of ethnic exceptionalism, and if he was shaped by anything, it was the Jewish past and his own secularism. His essays on Israel ignited a firestorm debate for their forthright criticisms of Israeli government polices relating to the Palestinians and the occupied territories. Those crucial pieces are published here in book form for the first time, including an essay, never previously published, called 'What Is to Be Done?' These pieces are suffused with a deep compassion for the Israeli dilemma, a compassion that instilled in Judt a sense of responsibility to speak out and try to find a better path, away from what he saw as a road to ruin. When the Facts Change also contains Judt's homages to the culture heroes who were some of his greatest inspirations: Amos Elon, Francois Furet, Leszek Kolakowski, and perhaps above all Albert Camus, who never accepted the complacent view that the problem of evil couldn't lie within us as well as outside us. Included here too is a magnificent two-part essay on the social and political importance of railway travel to our modern conception of a good society; as well as the urgent text of 'What Is Living and What Is Dead in Social Democracy,' the final public speech of his life, delivered from a wheelchair after he had been stricken with a terrible illness; and a tender and wise dialogue with his then-teenage son, Daniel, about the different outlooks and burdens of their two generations. To read When the Facts Change is to miss Tony Judt's voice terribly, but to cherish it for what it was, and still is: a wise, human, deeply informed view on our most pressing concerns, delivered in good faith. (shrink)

"In Applied Ethics and Social Problems Tony Fitzpatrick presents introductions to the three most influential moral philosophies: consequentialism, Kantianism ...

To address the underrepresentation of women in philosophy effectively, we must understand the causes of the early loss of women. In this paper we challenge one of the few explanations that has focused on why women might leave philosophy at early stages. Wesley Buckwalter and Stephen Stich offer some evidence that women have different intuitions than men about philosophical thought experiments. We present some concerns about their evidence and we discuss our own study, in which we attempted to replicate their (...) results for 23 different responses to 14 scenarios . We also conducted a literature search to see if other philosophers or psychologists have tested for gender differences in philosophical intuitions. Based on our findings, we argue that that it is unlikely that gender differences in intuitions play a significant role in driving women from philosophy. (shrink)

Everything that journalists do has ethical implications, and The Ethical Journalist discusses a range of ethical questions likely to confront those studying journalism and/or training to become journalists. The starting point for this engaging and innovative book is that ethical journalism is good journalism. Building on the reflective and questioning approach of the author’s acclaimed Journalism: Principles and Practice (2004), The Ethical Journalist links theory and practice throughout by examining the views of journalists and academics. It places anecdotal experience within (...) the context of relevant critical study, and scrutinizes academic explanations within the context of practitioner accounts. Informed by original research and the author’s own experience within mainstream and alternative journalism, The Ethical Journalist addresses topics issues such as trust, the public interest, undercover reporting, news values, source relationships, crime reporting, regulation, and the Hutton inquiry. This exciting new title discusses ethics as fundamental rather than as a set of problems or an added extra, and it should become essential reading for everyone interested in journalism. (shrink)

This is a direct challenge to the notion of library neutrality, especially in the present context of war, revolution, and social change. This book locates library and information workers as participants and interventionists in social conflicts. The strategies for social action worldwide were chosen because of their connection to elements of the Universal Declaration of Human Rights (1948) that relate particularly to core library values, information ethics, and global information justice. This book also encourages readers to pay attention to links (...) between library and information work and the following solidarity rights not currently incorporated into any legally-binding human rights framework. The aim is primarily at librarians, archivists, educators and students. Content consists of essential concepts presented in accessible terms (e.g., critical librarianship, information ethics, global information justice, human rights), along with a practical orientation to action on contemporary issues (e.g., intellectual freedom, intellectual property, preservation, cultural destruction, censorship, public access to government information, commercialization, academic freedom, workplace speech, international relations, anonymity, privacy, confidentiality, human security, national security policies, transborder data flow, and information poverty). (shrink)

Including international contributors from a variety of disciplines - History, English, Information Studies and Archivists – this book does not seek either to applaud or condemn digital technologies, but takes a more conceptual view of how ...

Volume 6, Issue 2, November 2010, Page 44-48.

Un ouvrage de Gaston Pineau, intitulé Produire sa vie. Autoformation et autobiographie a mis Bernard Honoré en chemin d'une réflexion sur le double enracinement de la formation en soi-même (autoformation) et hors de soi, par les autres et par l'environnement (hétéroformation). Ce chemin l'a amené à voir dans les histoires de vie un important courant de recherche méthodologique dans la découverte du sens de la formation en ses diverses pratiques. Puisse ce livre amener le lecteur sur une voie réflexive (...) analogue, le conduisant à explorer le sens des pratiques formatives dans lesquelles il est engagé. L'expérience d'une ouverture à la dimension existentielle de la formation par la pratique des histoires de vie, en référence à 1'autoformation, devrait inciter à questionner le sens d'un parcours en formation. (shrink)

Discusses how nature provides services to mankind, including how birds protect fruit harvests, how coral reefs shield coasts from storms, and how rainforests absorb billions of tons of carbon released from cars and power stations.

This eagerly anticipated new book from Tony Lawson contends that economics can profit from a more explicit concern with ontology than has been its custom. By admitting that economics is not exactly a picture of health at the moment, Lawson hopes that we can move away from the bafflingly intransigent belief that economics is at its core reliant upon mathematical modelling. This maths-envy is the reason why economics is in a state of such disarray. Far from being a polemic (...) against the mainstream, this excellent new book is concerned that if economics is to be saved from itself then there must be a realistic dialogue between the classical heterodox fields. Of interest to philosophers, sociologists and social scientists as well as economists, this comprehensive, logical book is a vital contribution to an important debate. (shrink)