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)

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 ...

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)

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...

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)

This article argues that "gratitude to" and "gratitude that" are fundamentally different concepts. The former (prepositional gratitude) is properly a response to benevolent attitudes, and entails special concern on the part of the beneficiary for a benefactor, while the latter (propositional gratitude) is a response to beneficial states of affairs, and entails no special concern for anyone. Propositional gratitude, it is argued, ultimately amounts to a species of appreciation. The tendency to see prepositional gratitude and propositional “gratitude” as two species (...) of the same genus results from several deep-seated social and psychological factors, but must be resisted if we are to engage in constructive philosophizing about both gratitude and appreciation. (shrink)

In this thought-provoking work, Tony D. Sampson presents a contagion theory fit for the age of networks. Unlike memes and microbial contagions, _Virality_ does not restrict itself to biological analogies and medical metaphors. It instead points toward a theory of contagious assemblages, events, and affects. For Sampson, contagion is not necessarily a positive or negative force of encounter; it is how society comes together and relates. Sampson argues that a biological knowledge of contagion has been universally distributed by way (...) of the rhetoric of fear used in the antivirus industry and other popular discourses surrounding network culture. This awareness is also detectable in concerns over _too much connectivity_, such as problems of global financial crisis and terrorism. Sampson’s “virality” is as established as that of the biological meme and microbe but is not understood through representational thinking expressed in metaphors and analogies. Rather, Sampson interprets contagion theory through the social relationalities first established in Gabriel Tarde’s microsociology and subsequently recognized in Gilles Deleuze’s ontological worldview. According to Sampson, the reliance on representational thinking to explain the social behavior of networking—including that engaged in by nonhumans such as computers—allows language to overcategorize and limit analysis by imposing identities, oppositions, and resemblances on contagious phenomena. It is the power of these categories that impinges on social and cultural domains. Assemblage theory, on the other hand, is all about relationality and encounter, helping us to understand the viral as a positively sociological event, building from the molecular outward, long before it becomes biological. (shrink)

Gratitude, the proper or fitting response to benevolence, has often been conceptualized as a virtue—a temporally stable disposition to perceive, think, feel, and act in certain characteristic ways in certain situations. Many accounts of gratitude as a virtue, however, have not analyzed this disposition accurately, and as a result, they have not revealed the rich variety of ways in which someone can fail to be a grateful person. In this paper, I articulate an account of the virtue of gratitude, and (...) I use this account to explore various vices that can manifest in its absence. (shrink)

Gratitude is the proper or called-for response in a beneficiary to benefits or beneficence from a benefactor. It is a topic of interest in normative ethics, moral psychology, and political philosophy, and may have implications for metaethics as well. Despite its commonness in everyday life, there is substantive disagreement among philosophers over the nature of gratitude and its connection to other philosophical concepts. The sections of this article address five areas of debate about what gratitude is, when it is called (...) for, and what implications it has for other debates in moral philosophy and philosophy generally. (shrink)

In this article, I consider the claim that we ought to be grateful to nature and argue that this claim is unjustified. I proceed by arguing against the two most plausible lines of reasoning for the claim that we ought to be grateful to nature: 1) that nature is a fitting or appropriate object of our gratitude, and 2) that we ought to be grateful to nature insofar as gratitude to nature enhances, preserves or indicates in us the virtue of (...) gratitude, a character trait we morally ought to have. My arguments against the first line of reasoning show it to be unsound, and my arguments against the second reveal that we actually have reasons to avoid being grateful to nature. If we have reasons to treat nature well, I show, those may be rooted in the appropriateness of attitudes like praise, appreciation or compassion, but not gratitude. I conclude by highlighting several implications my arguments entail about gratitude to entities other than nature and about environmental virtues other than gratitude. (shrink)

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)

The social sciences often fail to examine in any systematic way the nature of their subject matter. Demonstrating that this is a central explanation of the widely acknowledged failings of the social sciences, not least of modern economics, this book sets about rectifying matters. Providing an account of the nature of social material in general, as well as of the specific natures of central components of the modern world, such as money and the corporation, Lawson also considers the implications of (...) this theory regarding possibilities for social change. Readers will gain an understanding of how social phenomena, from tables and chairs, to money and firms, and nurses and Presidents are constituted. Fundamental to Lawson's conception is a theory of community-based social positioning, whereby people and things within a community become constituted as components of emergent totalities, with actions governed by the rights and obligations of relevant members of the community. This theory isolates a set of basic principles that will offer the reader an understanding of the natures of all social phenomena. The Nature of Social Realityis for all those, academics and non-academics alike, who wish to gain a grasp on the nature of social phenomena that goes beyond the superficial. isolates a set of basic principles that will offer the reader an understanding of the natures of all social phenomena. The Nature of Social Realityis for all those, academics and non-academics alike, who wish to gain a grasp on the nature of social phenomena that goes beyond the superficial. (shrink)

Slavoj Zizek is no ordinary philosopher. Approaching critical theory and psychoanalysis in a recklessly entertaining fashion, Zizek's critical eye alights upon a bewildering and exhilarating range of subjects, from the political apathy of contemporary life, to a joke about the man who thinks he's a chicken, from the ethicial heroism of Keanu Reeves in speed , to what toilet designs reveal about the national psyche. Tony Myers provides a clear and engaging guide to Zizek's key ideas, explaining the main (...) influences on Zizek's thought, most crucially his engagement with Lacanian psychoanalysis, using examples drawn from popular culture and everyday life. Myers outlines the key issues that Zizek's work has tackled, including: * What is a Subject and why is it so important? * The Imaginary, the Symbolic and the Real * What is so terrible about Postmodernity? * How can we distinguish reality from ideology? * What is the relationship between men and women? * Why is Racism always a fantasy? Slavoj Zizek is essential reading for anyone wanting to understand the thought of the critic whom Terry Eagleton has described as "the most formidably brilliant exponent of psychoanalysis, indeed of cultural theory in general, to have emerged in Europe for some decades.". (shrink)

Circumscribed delusional beliefs can follow brain injury. We suggest that these involve anomalous perceptual experiences created by a deficit to the person's perceptual system, and misinterpretation of these experiences due to biased reasoning. We use the Capgras delusion (the claim that one or more of one's close relatives has been replaced by an exact replica or impostor) to illustrate this argument. Our account maintains that people voicing this delusion suffer an impairment that leads to faces being perceived as drained of (...) their normal affective significance, and an additional reasoning bias that leads them to put greater weight on forming beliefs that are observationally adequate rather than beliefs that are a conservative extension of their existing stock. We show how this position can integrate issues involved in the philosophy and psychology of belief, and examine the scope for mutually beneficial interaction. (shrink)

This article investigates a puzzle about gratitude—the proper response, in a beneficiary, to an act of benevolence from a benefactor. The puzzle arises from three platitudes about gratitude: 1) the beneficiary has certain obligations of gratitude; 2) these obligations are owed to the benefactor; and 3) the benefactor has no right to the fulfillment of these obligations. These platitudes suggest that gratitude is a counterexample to the “correlativity thesis” in the moral domain: the claim that strict moral obligations correlate to (...) moral rights on the part of the person to whom the obligation is owed. The goal of this chapter is to determine whether the three gratitude platitudes are true, and, if they are, what they tell us about the correlativity thesis. Sections 1 through 3 argue for the truth of each of the platitudes. It is then argued that while benefactors lack standing to demand, they do possess an imperfect right to gratitude: a special and morally significant standing to remonstrate with ungrateful beneficiaries. These facts suggest the following modification of the standard correlativity thesis: moral obligations entail moral rights on the part of the person to whom they are owed, which may be perfect (demandable) or imperfect. (shrink)

: According to Kant, the arguments of rational psychology are formal fallacies that he calls transcendental paralogisms. It remains heavily debated whether there actually is any formal error in the inferences Kant presents: according to Grier and Allison, they are deductively invalid syllogisms, whereas Bennett, Ameriks, and Van Cleve deny that they are formal fallacies. I advance an interpretation that reconciles these extremes: transcendental paralogisms are sound in general logic but constitute formal fallacies in transcendental logic. By formalising the paralogistic (...) inference, I will pinpoint the error as an illegitimate existential presupposition. Since - unlike transcendental logic - general logic abstracts from all objects, this error can only be detected in transcendental logic. (shrink)

We provide a taxonomy of the two most important debates in the philosophy of the cognitive and neural sciences. The first debate is over methodological individualism: is the object of the cognitive and neural sciences the brain, the whole animal, or the animal--environment system? The second is over explanatory style: should explanation in cognitive and neural science be reductionist-mechanistic, inter-level mechanistic, or dynamical? After setting out the debates, we discuss the ways in which they are interconnected. Finally, we make some (...) recommendations that we hope will help philosophers interested in the cognitive and neural sciences to avoid dead ends. (shrink)

Recent Work on Intrinsic Value brings together for the first time many of the most important and influential writings on the topic of intrinsic value to have appeared in the last half-century. During this period, inquiry into the nature of intrinsic value has intensified to such an extent that at the moment it is one of the hottest topics in the field of theoretical ethics. The contributions to this volume have been selected in such a way that all of the (...) fundamental questions concerning the nature of intrinsic value are treated in depth and from a variety of viewpoints. These questions include how to understand the concept of intrinsic value, what sorts of things can have intrinsic value, and how to compute intrinsic value. The editors have added an introduction that ties these questions together and places the contributions in context, and they have also provided an extensive bibliography. The result is a comprehensive, balanced, and detailed picture of current thinking about intrinsic value, one that provides an indispensable backdrop against which future writings on the topic may be assessed. (shrink)

To succeed in self-regulation, people need to believe that it is possible to change behaviour and they also need to use effective means to enable such a change. We propose that this also applies to emotion regulation. In two studies, we found that people were most successful in emotion regulation, the more they believed emotions can be controlled and the more they used an effective emotion regulation strategy – namely, cognitive reappraisal. Cognitive reappraisal moderated the link between beliefs about the (...) controllability of emotion and success in emotion regulation, when reappraisal was measured as a trait or manipulated. Such moderation was found when examining the regulation of disgust elicited by emotion-inducing films, and the regulation of anger elicited by real political events. We discuss the implications of our findings for research and practice in emotion regulation. (shrink)