Appendices: I. The names of the law.--II. The theory of sovereignty; excursus.--III. The maxims of the law.--IV. The divisions of the law.--V. The territory of the state.--VI. International law.--VII. Authorities.

Appendices: I. The names of the law.--II. The theory of sovereignty; excursus.--III. The maxims of the law.--IV. The divisions of the law.--V. The territory of the state.--VI. International law.--VII. Authorities.

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The honour of being the first to teach philosophy in Australia belongs to the Congregationalist minister Barzillai Quaife (1798–1873), in the 1850s, but teaching philosophy did not formally begin until the 1880s, with the establishment of universities (Grave 1984). -/- Two approaches have dominated Western philosophy in Australia: Idealism and materialism. Idealism was prevalent between the 1880s and the 1930s, but dissipated thereafter. It was particularly associated with the work of the first professional philosophers in Australia, such as Henry Laurie (...) (1837–1922), Francis Anderson (1858–1941), William Mitchell (1861–1962) (who rejected the label) and a second generation including W. R. Boyce Gibson (1869–1935). Idealism in Australia often reflected Kantian themes, together with the British, particularly Scottish, revival of interest in Hegel through the work of the ‘Absolute Idealists’ T. H. Green (1836–1882), F. H. Bradley (1846–1924) and Henry Jones (1852–1922), the latter of whom conducted a popular lecture tour of Australia (Boucher 1990). -/- A number of the early New Zealand philosophers, including Duncan MacGregor (1843–1906), William Salmond (1835–1917), and Francis W. Dunlop (1874–1932) were educated in the Idealist tradition and were influential in their communities, but produced relatively little. William Anderson (1889–1955), at Auckland, brother of John at Sydney, was the only New Zealand philosopher that seemed to retain Idealist views. -/- In Australia, materialism gained prominence through the work of John Anderson, who arrived in Australia in 1927, and continues to be influential. John Anderson had been a student of Henry Jones, who can be said to have influenced both strands of Australian philosophical thought. (shrink)

In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the viewpoint of jurisprudence itself (Bentham, Austin and Kelsen); then the use of sources (and the approach to “dogmatic error”) by halakhic authorities in discussing the problems of the agunah (“chained wife”), which I suggest points to (...) a theory more radical than the “sources” theory of law, one more akin to the ultimate phase of the thought of Kelsen (the “non-logical” Kelsen) or indeed to some form of Legal Realism (with which that phase of Kelsen’s thought has indeed been compared)? I finally juxtapose an account based on internal theological resources (a “Jurisprudence of Revelation”). Downloadable at at http://www.biu.ac.il/JS/JSIJ/jsij1.html. (shrink)