This volume examines the concept of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the connections between a range of matters fundamental to the relationship between citizen and state, including freedom of speech, civil disobedience, procedural fairness, and administrative justice.

'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal (...) democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.Readership: Scholars and students of law, philosophy, and politics. (shrink)

The lively debate over the constitutional foundations of judicial review has been marred by a formalism which obscures its point and value.ed from genuine issues of substance, the rival positions offer inadequate accounts of the legitimacy of judicial review; constitutional theory must regain its connection with questions of political principle and moral value. Although the critics of ultra vires have rightly emphasized the foundational role of the common law, they have misconceived its nature and implications. On the one hand, they (...) have invited the charge of judicial supremacism by marginalizing the role of legislative intent; on the other, their affirmation of absolute parliamentary sovereignty (within the context of this debate) undermines the critique of ultra vires. In substance, therefore, the rival camps occupy essentially the same ground, equally trapped by a formalism that entrenches a stark confrontation between parliamentary sovereignty and the rule of law. A conception of shared sovereignty, or interdependent sovereignties, provides a better foundation for judicial review. (shrink)

The Sovereignty of Law presents Trevor Allan's most recent and fully elaborated defence of common law constitutionalism - an account of the unwritten or non-codified constitution as a complex articulation of legal and moral principles, defining what in the British context are the requirements of the rule of law. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation of powers. These principles.

Ronald Dworkin's theory of law forges a close connection between questions about the truth of propositions of law and the question of political obligation: law as integrity is a theory of legal practice that purports to explain, not only how the content of law is determined, but also why the law—in ordinary cases—imposes an obligation of obedience. The theory (as presented) is ultimately incoherent. If we accept Dworkin's theory of the grounds of law we are obliged to reject his claims (...) about its force; alternatively, if we accept his view of the force of law, we must reject his theory about its grounds: he cannot be correct about both force and grounds. Dworkin supposes that, in extraordinary cases, the force of law is cancelled or overridden; but the relevant considerations of justice are wholly internal to our identification of the content of law. Consistently elaborated, integrity denies the offending requirements legal status: lex injusta non est lex. (shrink)

My analysis of the constitutional foundations of judicial review has been criticized by Paul Craig; but his objections confuse the ‘constructive’ account of legislative intent I defend with the ‘literal’ conception (reflecting the views of individual legislators) I expressly repudiate. He thinks we must choose between legislative intent, literally conceived, and common law principle. This mistake exemplifies the peculiar character of Craig's ‘common law model’ of judicial review, in which the requirements of the rule of law, on one hand, and (...) the relevant statute, on the other, exist in separate mental worlds. That model is conceptually confused, rejecting the doctrine of ultra vires that (unqualified) legislative supremacy entails, and ultimately grounded in a wholly implausible view of the relationship between common law and statute. It subordinates both statutory text and purpose to common law doctrine, treated as largely self-contained and impervious to context. It ignores the interdependence of legislative and judicial power, impeding a genuine integration of statutory command and common law principle. (shrink)

When legal practice satisfies certain modest conditions of legitimacy, affirming the equal dignity of persons, the law is what it ought to be. It provides the morally appropriate basis for the reso...

La raccolta di contributi analizza alcuni dei temi più significativi dell’opera dello psicologo e filosofo Paolo Bozzi.

Originally published in 1955. The Madhyamika philosophy is, in the author's view, the philosophy which created a revolution in Buddhism and through that in the whole range of Indian philosophy. This volume is a study of the Madhyamika philosophy in all its important aspects and is divided into three parts: Historical: this traces the origin and development of the Madhyamika philosophy. The second part concentrates on a full and critical exposition of the Madhyamika philosophy, the structure of its dialectic, its (...) conception of the Absolute and its ethics and religion. The last part of the book compares the Madhyamika with some of the well-known dialectical systems of the West (Kant, Hegel and Bradley) and undertakes a short study of the different absolutisms (Madhyamika, Vijnanavada and the Vedanta). (shrink)

The nature and time course of sleep onset (hypnagogic) mentation was studied in the home environment using the Nightcap, a reliable, cost-effective, and relatively noninvasive sleep monitor. The Nightcap, linked to a personal computer, reliably identified sleep onset according to changes in perceived sleepiness and the appearance of hypnagogic dream features. Awakenings were performed by the computer after 15 s to 5 min of sleep as defined by eyelid quiescence. Awakenings from longer periods of sleep were associated with (1) an (...) increase in reported sleepiness, (2) a decrease in the length of mentation reports, (3) a decrease in the frequency of reports of normal, wake-like thoughts, (4) an increase in the frequency of ''unusual thoughts,'' and (5) increased frequencies of formal dream features, including visual hallucination, self-representation, fictive movement, narrative plot, and bizarreness. While sleep-onset reports can include all features of rapid eye movement (REM) dream reports, the number of such features is markedly reduced at sleep onset, suggesting that this mentation is a greatly diminished version of REM dreaming. (shrink)

The key points in Meynell's argument seem to me to be as follows: It is logically absurd to say of an action or of a state of affairs that it is good unless at least some or other of the qualities w, x, y, z, etc. are present. Similarly it is logically absurd to talk of human flourishing unless some or other specifiable features are present in a person's life. The Heimler questionnaire shows us the sorts of ways in which (...) the notion of human flourishing might be ‘unpacked’, viz, in terms of satisfaction through friendship, etc. I am in full agreement with him over and I shall simply add some further comments on the notion of ‘evaluating’; but as far as is concerned I shall voice some doubts and reservations. (shrink)

Martin Heidegger's explication of Pindar's assertion that ‘to glorify was the essence of poetry’ puts it quite well. He tells us that for Pindar the word does not derive its force from what is already complete in itself. For then man would be glorifying what is already glorious, that which already has the power to impress men. At best the word then would denote an acknowledgment or a confession of being impressed. Instead, he insists, the word denotes the power of (...) making to appear, or to extol a place. 1. (shrink)

This paper inventories the skills needed for success as a technical writer. I argue that while some of these are undeniably vocational, others are general and analytic. With specific examples, I show the relevance of four mainstream philosophical skills to the problem of document design (making distinctions, extracting important patterns, detecting logical structure, and assessing alternatives) and I contend that truly effective technical writing presupposes such skills.

This paper develops an explicit, pragmatic solution to the problem of deciding when an explanans which only approximately "covers" a desired event-explanandum E is acceptable as an adequate explanation. It shows in detail how comparisons made by the explanation's audience with the numerical value in E are what determine how closely E must be approximated for success. With the aid of several physics examples, it spells out the principles that govern these explanandum-comparisons, the conditions under which those principles hold, and (...) the audience traits that influence which comparisons they take seriously. (shrink)

Puzzle-solving, like several other everyday activities, appears in a more sophisticated and ramified form in the realm of natural science. Improving on Thomas Kuhn's rudimentary account of puzzles in science, this paper formulates logical and functional criteria for the occurrence of scientific puzzles, and examines the two-fold nature of their solutions. Then, with the aid of erotetic logic, puzzle-posing questions are identified, their presuppositional relations to scientific theory and explanations are explored, and a new tool for history of science research (...) is developed. (shrink)

This work is intended as an introduction to the study of Soviet psy chology. In it we have tried to present the main lines of Soviet psycho logical theory, in particular, the philosophical principles on which that theory is founded. There are surprisingly few books in English on Soviet psychology, or, indeed, in any Western European language. The works that exist usually take the form of symposia or are collections of articles translated from Soviet periodicals. The most important of these (...) are Psychology in the Soviet Union (ed. by Brian Simon), Recent Soviet Psychology (ed. by Neil O'Connor) and Soviet Psychology, A Symposium (ed. by Ralf Winn). Raymond Bauer has also edited an interesting symposium entitled Some Views on Soviet Psychology. Only two systematic studies of Soviet psychology have been published to date: Joseph Wortis' Soviet Psychiatry and Raymond Bauer's The New Man in Soviet Psychology. Both are valuable introductions to Soviet psychology; Bauer's book, in particular, gives a good account of the debates on psychological theory in the Soviet Union in the nineteen twenties and -thirties. Both, however, are somewhat out of date. There are also a number of interesting articles written by Ivan D. London and Gregory Razran, which give general surveys of particular periods or aspects of Soviet psychology. These have been listed in the bibliography. (shrink)

This article discusses the ‘nature’ of our contemporary fascination with wildness, in light of the popular documentary “Grizzly Man.”Taking as its central point of departure the film’s central protagonist Timothy Treadwell’s fascination with wild grizzlies and director Werner Herzog’s condemnation of it as gross anthropomorphism, this paper will explore the context and basis of our contemporary fascination with wildness in terms of the current debate raging within environmental philosophy between the social constructivist or postmodern position as exemplified by Martin Drenthen (...) and the feral humanist position as articulated by Paul Shepard.The former argues that this fascination with wildness is reflective of certain historical and cultural trends within contemporary western society, while the latter argues that it is reflective of our primordial human heritage. (shrink)

We are now in a position to examine the claim that Pavlovian physiology and Marxist-Leninist philosophy form two complementary systems.There is certainly a similarity between the Leninist theory of reflection and Pavlov's theory of higher nervous activity. Both present so-called psychic phenomena as a reaction of the organism to the stimuli of the outer world and both insist that this reflection is not a passive reception of impressions but is an active response on the part of the organism.Again both systems (...) are monist; they are united in excluding the possibility of having recourse to a non-material substance as the basis for psychic phenomena. But for Pavlov this exclusion is a scientific axiom while for Marxism-Leninism it is founded on philosophical materialism. However, the most important difference between Pavlov's theories and Marxism-Leninism on this point is that Pavlov's approach to psychic is fundamentally mechanistic and reductionist whereas that of Marxism-Leninism is dialectical and consequently anti-reductionist and anti-mechanist. Soviet psychology is, in consequence, founded partly on a mechanist system which is not materialist in the full sense of the word, and partly on a materialist system which is definitely not mechanist. From this point of view there is a definite discrepancy between the two traditions on which Soviet psychology is founded and which goes a long way towards explaining many of the inconsistencies in Soviet psychological theory. (shrink)