The theory of this article is that the attitude to illegality has so dramatically changed that it is no longer possible, except in extreme cases, to say that illegality as such is a defense to restitutionary claims arising under illegal contracts. The objection to an otherwise good action in unjust enrichment is not illegality but stultification: to recognize an entitlement to restitution would make nonsense of the refusal to enforce the contract. It is true that the restitutionary action nearly always (...) does prima facie have this stultifying tendency, for it will often operate as a safety net reducing the risks of illegal dealing or as a lever indirectly enforcing the illegal contract. However, this stultifying tendency can be neutralized by restricting the class of plaintiffs able to bring the restitutionary action and can be overridden if the effect of denying the restitutionary action would be to perpetrate a greater evil, as for instance by inflicting a wholly disproportionate penalty for the illegality. A stultification is an inexplicable contradiction. In cases such as these the seeming stultification is explained away. Restitution can then be allowed. (shrink)

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 use of quality of life (QOL) outcomes in clinical trials is increasing as a number of practical, ethical, methodological, and regulatory reasons for their use have become apparent. It is important, then, that QOL measurements and differences between QOL scores be readily interpretable. We study interpretation in two contexts: when determining QOL and when basing decisions on QOL differences. We consider both clinical situations involving individual patients and research contexts, e.g., randomized clinical trials, involving groups of patients. We note (...) the ethical importance of such understanding: proper interpretation and communication facilitate health care decision making. Communication that facilitates interpretation is of moral significance since better communication can attenuate ethical problems and inform choices. Much of what is communication worthy about QOL assessments is determined by the particular QOL instrument used in the assessment and how it is administered. In practice, these choices will be driven by the purpose of the assessment, but, it is argued, to maximize understanding, we should combine the information garnered from traditional standardized QOL instruments, from individualized QOL assessments, and from a recently proposed dialogic paradigm, where QOL is determined by shared conversation regarding the interpretation of texts. And, while some studies can surely succeed using abbreviated methods of administration (e.g., postal surveys may suffice for certain purposes), we will focus on methods of administration involving interviewer–respondent interaction. We suggest that during the QOL elicitation process, interviewer and respondent should engage in a two-way conversation in order to achieve a shared understanding of the “answers” to QOL “questions” and, finally, to reach a shared interpretation of the individual’s QOL. (shrink)

The aim of this paper is to present and evaluate a specific critical discussion of Peter Singer's view on philanthropy. This critique of Singer's position takes several forms, and here we focus on only two of these. First of all, it is claimed that philanthropy (based upon the giving up of luxury goods) should be avoided, because it harms the poor. As we shall see this is a view defended by Andrew Kuper. However, philanthropy is also accused of harming (...) the poor by being sub-optimal and standing in the way of the more effective and lasting poverty relief brought about by changes in the political and economic system. This second complaint is defended by, among others, Paul Gomberg, Anthony Langlois and David Schweickart, as well as Kuper. To our knowledge, little systematic work has been done on the presentation and evaluation of theses objections to philanthropy. In what follows, the objections are dealt with in connection with private donations made by individuals, as this is the focus, and target, of the philosophers/scientists we wish to discuss. (shrink)

Keith Thomas: Gerald Edward Aylmer, 1926-2000 Adrian Hollis: William Spencer Barrett, 1914-2001 Bruce Williams: Charles Frederick Carter, 1919-2002 Malcolm Mackintosh: John Erickson, 1929-2002 J. H .R. Davis: Raymond William Firth, 1901-2002 F. M. L. Thompson: Hrothgar John Habakkuk, 1915-2002 A. W. Price: Richard Mervyn Hare, 1919-2002 Hugh Lloyd-Jones: Geoffrey Stephen Kirk, 1921-2003 Michael Lapidge and Peter Matthews: Vivien Anne Law, 1954-2002 Ann Moss: John Lough, 1913-2000 Terence Cave: Ian Dalrymple McFarlane, 1915-2002 Ludwig Paul: David Neil MacKenzie, 1926-2001 Peter (...) Birks: John Kieran Barry Moylan Nicholas, 1919-2002 Jonathan Shepard: Dimitri Dimitrievich Obolensky, 1918-2001 David Cannadine: John Harold Plumb, 1911-2001 Daniel Waley: Nicolai Rubinstein, 1911-2002 Ian Wood: John Michael Wallace-Hadrill, 1916-1985 R. G. M. Nisbet: William Smith Watt, 1913-2002 G. W. Bernard: Richard Bruce Wernham, 1906-1999. (shrink)

With his ‘event-based classification’, the late Peter Birks provided a coherent and principled framework for the civil law of obligations. In this article, ‘restitution’ is considered in the context of his taxonomy and two main propositions are advanced. The first proposition is that ‘gain-related recovery’ is the most adequate description of restitution as a legal response. The second proposition is that the term ‘restitution’ qualifies the mechanism of taking away the defendant's benefit without any direct reference to the (...) immediate purpose of the award and therefore has both a ‘giving up’ and a ‘giving back’ function. Those theories which distinguish these two functions, it is argued, confuse the mechanism of the right realized with the aim of the response awarded. Restitution as a legal response can be applied to reach different aims, such as giving back wealth mistakenly transferred by the claimant to the defendant or surrendering profits wrongfully obtained by the defendant. Yet, the right to restitution which is realized in court operates always in the same fashion: it transfers to the claimant wealth up to the level of the defendant's benefit. This interpretation tackles the criticism of those favourable to ‘disgorgement’, that is ‘giving up’, as an independent legal response and shows that their concerns are justified, but do not affect the consistency of the event-based classification. (shrink)

Sixteen obituaries of recently deceased Fellows of the British Academy: Peter Birks; Lord Dacre of Glanton; William Frend; John Gallagher; Philip Grierson; Stuart Hampsire; William McKane; Sir Malcolm Pasley; Ben Pimlott; Robert Pring-Mill; John Stevens, Peter Strawson; Sir William Wade; Alan Williams; Sir Bernard Williams and John Wymer.

In recent years restitution scholars have expended considerable energy in attempting to reveal the logical structure of the law of proprietary remedies. That project advances on the assumption that the strange rhetoric that pervades this area of law can be stripped away to reveal restitutionary principles. However, the doctrines in question have proved resistant to such endeavors. An appreciation of why this is so requires recognition of the very real anxiety generated by the judicial readjustment of property rights that takes (...) place in this area of law. The use of metaphors, fictions and evidential presumptions that characterizes the law tracing, subrogation and the provision of proprietary relief for wrongs serves to assuage this anxiety by manufacturing the appearance that these remedies are perfectly conventional instances of the enforcement of pre-existing property or consensual transfers of property. However, these property rites have a logic of their own - a logic that influences and constrains the development of the law of proprietary remedies and makes it impossible to neatly reduce this field to a set of restitutionary principles. This is illustrated by the work of Professor Peter Birks, which represents the most comprehensive attempt to cut away the abstruse rhetoric found in this area and reveal the restitutionary substructure of the law of proprietary remedies and makes it impossible to neatly reduce this field to a set of restitutionary principles. This is illustrated by the work of Professor Peter Birks, which represents the most comprehensive attempt to cut away the substructure of the law of proprietary remedies. In Birks' work this process has merely resulted in old metaphors being replaced with new ones. Ultimately, we must accept that if re are to rationalize this area we must be prepared to engage directly with the policy issues that arise in this context. (shrink)

Mistaken payment is the ‘core case’ of unjust enrichment, and it has had a powerful effect on the development of this area of private law. For Peter Birks, unjust enrichment was simply ‘the law of all events materially identical to mistaken payment’—to be shaped through a process of abstraction from that core case. But this begs the question: how do we work out what counts as ‘materially identical’ to mistaken payment? The most obvious starting point, and that which (...) Birks chose, is the central characteristic of money: money is valuable. Thus, ‘the law of all events materially identical to mistaken payments’ is ‘the law of all events that unjustly enrich one party at another’s expense’.In this article, I argue that this starting point is incorrect. Rather than looking for some factual similarity between mistaken payment and other events, we should identify the role that money plays in justifying restitution. And what justifies restitution in the core case is not the ‘value’ or ‘benefit’ that money confers; rather, it is a defect in the legal transaction that links payor with payee. The payee is not liable because she has been ‘enriched’, but because she is the counterparty to a legal transaction which exhibits traits that there are institutional reasons to disavow. Just like contract and torts, the role of value is secondary: where correcting the injustice in specie is impossible or undesirable, the defendant must pay whichever sum will most nearly achieve that goal. (shrink)

Sixteen obituaries of recently deceased Fellows of the British Academy: Peter Birks; Lord Dacre of Glanton; William Frend; John Gallagher; Philip Grierson; Stuart Hampsire; William McKane; Sir Malcolm Pasley; Ben Pimlott; Robert Pring-Mill; John Stevens, Peter Strawson; Sir William Wade; Alan Williams; Sir Bernard Williams and John Wymer.

That there exists a law of restitution concerned with reversing unjust enrichments is widely considered to be uncontroversial. However, the once orthodox view that unjust enrichment explains all instances of restitutionary liability is fast becoming a minority position. Indeed, the ability of ‘unjust enrichment’ to account for all restitutionary claims has been doubted by many of those who fought most strongly for its recognition as an independent head or source of liability, chief amongst these Professor Peter Birks. Because (...) of this, while there is widespread acceptance that unjust enrichment plays some role within the law of restitution, there is considerable uncertainty as to what this exact role is, so much so that what is meant by unjust enrichment can be seen to be in doubt. Beginning with an examination of Birks’ understanding of unjust enrichment and the classificatory scheme into which it slots, this article addresses the question of what role a conception of unjust enrichment can and should play in presenting and justifying the law of restitution. (shrink)

Peter Brian Herrenden Birks 1941-2004Hugh Redwald Dacre 1914-2003William Hugh Clifford Frend 1916-2005John Andrew Gallagher 1919-1980Philip Grierson 1910-2006Stuart Newton Hampshire 1914-2004William McKane 1921-2004John Malcolm Sabine Pasley 1926-2004Benjamin John Pimlott 1945-2004Robert Duguid Forrest Pring-Mill 1925-2005John Edgar Stevens 1921-2002Peter Strawson 1919-2006Henry William Rawson Wade 1918-2004Alan Harold Williams 1927-2005Bernard Arthur Owen Williams 1929-2003John James Wymer 1928-2006.

In this systematic study, Professor Achinstein analyzes such concepts as definitions, theories, and models, and contrasts his view with currently held positions that he finds inadequate.

Al-Kindi was the first philosopher of the Islamic world. He lived in Iraq and studied in Baghdad, where he became attached to the caliphal court. In due course he would become an important figure at court: a tutor to the caliph's son, and a central figure in the translation movement of the ninth century, which rendered much of Greek philosophy, science, and medicine into Arabic. Al-Kindi's wide-ranging intellectual interests included not only philosophy but also music, astronomy, mathematics, and medicine. Through (...) deep engagement with Greek tradition al-Kindi developed original theories on key issues in the philosophy of religion, metaphysics, physical science, and ethics. He is especially known for his arguments against the world's eternity, and his innovative use of Greek ideas to explore the idea of God's unity and transcendence. Despite al-Kindi's historical and philosophical importance no book has presented a complete, in-depth look at his thought until now. In this accessible introduction to al-Kindi's works, Peter Adamson surveys what is known of his life and examines his method and his attitude towards the Greek tradition, as well as his subtle relationship with the Muslim intellectual culture of his day. Above all the book focuses on explaining and evaluating the ideas found in al-Kindi's wide-ranging philosophical corpus, including works devoted to science and mathematics. Throughout, Adamson writes in language that is both serious and engaging, academic and approachable. This book will be of interest to experts in the field, but it requires no knowledge of Greek or Arabic, and is also aimed at non-experts who are simply interested in one of the greatest of Islamic philosophers. (shrink)

In this book, Peter Achinstein proposes and defends several objective concepts of evidence. He then explores the question of whether a scientific method, such as that represented in the four "Rules for the Study of Natural Philosophy" that Isaac Newton invoked in proving his law of gravity, can be employed in demonstrating how the proposed definitions of evidence are to be applied to real scientific cases.

This volume brings together eleven essays by the distinguished philosopher of science, Peter Achinstein. The unifying theme is the nature of the philosophical problems surrounding the postulation of unobservable entities such as light waves, molecules, and electrons. How, if at all, is it possible to confirm scientific hypotheses about "unobservables"? Achinstein examines this question as it arose in actual scientific practice in three nineteenth-century episodes: the debate between particle and wave theorists of light, Maxwell's kinetic theory of gases, and (...) J.J. Thomson's discovery of the electron. The book contains three parts, each devoted to one of these topics, beginning with an essay presenting the historical background of the episode and an introduction to the philosophical issues. There is an illuminating evaluation of various scientific methodologies, including hypothetico-deductivism, inductivism, and the method of independent warrant which combines features of the first two. Achinstein assesses the philosophical validity of both nineteenth-century and modern answers to questions about unobservables, and presents and defends his own solutions. (shrink)

This study presents a substantial and often radical reinterpretation of some of the central themes of Locke's thought. Professor Alexander concentrates on the Essay Concerning Human Understanding and aims to restore that to its proper historical context. In Part I he gives a clear exposition of some of the scientific theories of Robert Boyle, which, he argues, heavily influenced Locke in employing similar concepts and terminology. Against this background, he goes on in Part II to provide an account of Locke's (...) views on the external world and our knowledge of it. He shows those views to be more consistent and plausible than is generally allowed, demonstrating how they make sense and enable scientific explanations of nature. In examining the views of Locke and Boyle together, the book throws light both on the development of philosophy and the beginnings of modern science, and in particular it makes a considerable and original contribution to our understanding of Locke's philosophy. (shrink)

P.F. Strawson's essay traces some formal characteristics of logic and grammar to their roots in general features of thought and experience.

When i was in graduate school, I inadvertently walked in on a fellow student taking his comprehensive exams. He was extremely frustrated because two of the questions asked about conceptual issues in personality and personality disorders. This student was not expecting such questions and considered them to be unfair. I knew other students in that same program who would have considered it a gift to get such “interesting” questions. Those clinical and counseling psychologists with theoretical–philosophical interests are often attracted to (...) the topics of personality and personality disorders. It has, therefore, puzzled me why these same topics are largely ignored by those philosophers who study the conceptual issues of .. (shrink)

Philosophy written in Arabic and in the Islamic world represents one of the great traditions of Western philosophy. Inspired by Greek philosophical works and the indigenous ideas of Islamic theology, Arabic philosophers from the ninth century onwards put forward ideas of great philosophical and historical importance. This collection of essays, by some of the leading scholars in Arabic philosophy, provides an introduction to the field by way of chapters devoted to individual thinkers or groups, especially during the 'classical' period from (...) the ninth to the twelfth centuries. It also includes chapters on areas of philosophical inquiry across the tradition, such as ethics and metaphysics. Finally, it includes chapters on later Islamic thought, and on the connections between Arabic philosophy and Greek, Jewish, and Latin philosophy. The volume also includes a useful bibliography and a chronology of the most important Arabic thinkers. (shrink)

No argument from the Arabic philosophical tradition has received more scholarly attention than Avicenna's ‘flying man’ thought experiment, in which a human is created out of thin air and is able to grasp his existence without grasping that he has a body. This paper offers a new interpretation of the version of this thought experiment found at the end of the first chapter of Avicenna's treatment of soul in theHealing. We argue that it needs to be understood in light of (...) an epistemological theory set out elsewhere by Avicenna, which allows that all the constitutive properties of an essence will be clear to someone who understands and considers that essence. On our reading, this theory is put to work in the ‘flying man’: because the flying man would grasp that his own essence has existence without grasping that he has a body, connection to body cannot be constitutive of the essence. (shrink)

As part of his defence of panpsychism, Strawson introduces the notion of 'brute' emergence, and hints at a contrasting notion of 'true' emergence. Panpsychism is true not least because brute emergence is incoherent. The alternative relation of true emergence is coherent and congruent with panpsychism. Strawson's distinction suggests that panpsychists endorse true emergence, while emergentists endorse brute emergence. I show that this yields a false dichotomy, which wrongly associates traditional emergentism with an implausible notion of emergence. I clarify the nature (...) and purpose of true and brute emergence, and I argue that traditional emergentists should reject both of them. (shrink)

I critically analyze Kagan’s claim that in order to advance the science of emotion we should abandon the practice of referring to emotions with common folk psychological names, such as fear and anger. Kagan recommends discovering more homogenous constructs that are segregated by the type of evidence used to infer those constructs. He also argues that variable origins, biological implementations, and psychological and sociocultural contexts may combine to create distinct kinds of emotional states that require distinct names. I acknowledge that (...) such a splitting strategy will provide increased validity, but also claim that atomizing alone may not give us everything we want from a scientific classification. (shrink)

Cet article explore la classification des troubles psychiatriques dans la perspective du modèle des espèces pratiques. En nous basant sur certains travaux en philosophie des sciences qui soutiennent que les éléments chimiques et les espèces biologiques ne possèdent pas de véritables essences, nous affirmons que les troubles psychiatriques ne devraient pas être compris, eux non plus, de façon essentialiste. Les troubles psychiatriques sont des « espèces pratiques », non des « espèces naturelles ». Ce modèle représente une approche pragmatiste de (...) la classification qui pose, compte tenu de l’infinie complexité du monde, qu’une multitude de décisions peuvent jouer un rôle légitime dans la définition des limites des catégories. Il s’agit d’une approche nominaliste contemporaine qui considère les concepts et les catégories comme provisoires et partiels, sans toutefois rejeter l’idée qu’ils sont des espèces légitimes. Ce modèle rejette ce que Ian Hacking a nommé le structurisme inhérent, sans pour autant rejeter les espèces. Le modèle des espèces pratiques rejette aussi l’éliminativisme. Il est en accord avec les arguments non essentialistes offerts par les éliminativistes, mais il n’accepte pas leurs conclusions austères. Je discute finalement les complications et les imperfections du modèle.This article explores the classification of psychiatric disorders from the perspective of the practical kinds model. Based on work in the philosophy of science which argues that chemical elements and biological species do not have real essences, it is argued that psychiatric disorders should not be understood essentialistically either. Psychiatric disorders are practical, not natural kinds. This model represents a pragmatist approach to classification which holds that, because the world is so complex, a multitude of decisions can play legitimate roles in defining category boundaries. It is a contemporary nominalistic approach that views concepts and categories as provisional and partial, but does not reject the notion that there are legitimate kinds. It rejects what Ian Hacking has called inherent structurism, but not kinds. The practical kinds model is also anti-eliminativist. It agrees with the non-essentialistic arguments offered by eliminativists, but does not accept their austere conclusions. Complications and shortcomings of the model are discussed. (shrink)

Adorno had such an affinity for Beckett that he dedicated his posthumously published work, Aesthetic Theory, to him. In 1961, he wrote a thoughtful—if dizzyingly complex—tribute to Beckett’s play, Endgame, a work that models many aspects of Adorno’s cultural criticism. My aim, accordingly, is to offer an Adornian reading of Beckett’s Waiting for Godot by drawing upon his critiques of music, aesthetics, and the culture industry. My goal is twofold: to offer a refreshing analysis of one of the most significant (...) dramatic achievements of the twentieth century, and, in doing so, to demonstrate Adorno’s relevance to contemporary cultural studies by deploying multiple elements of his oeuvre. (shrink)

Commentary on four articles in a special issue on “theories of emotion,” comparing the theories with respect to five conceptual contrasts. The first four contrasts are essentialism versus nonessentialism, discriminative versus integrative theories, individual versus social focus, and instrumentalism versus scientific realism. Although scientific psychologists appear to have reached consensus in favor of nonessentialism and they freely use both realist and instrumentalist interpretations, there is no consensus on the other two contrasts. The final contrast explored addresses attitudes toward the use (...) of philosophy in scientific theorizing, and whether philosophy is best kept in the background or brought into the foreground. (shrink)