Law and the Humanities: An Introduction brings together a distinguished group of scholars from law schools and an array of the disciplines in the humanities. Contributors come from the United States and abroad in recognition of the global reach of this field. This book is, at one and the same time, a stock taking both of different national traditions and of the various modes and subjects of law and humanities scholarship. It is also an effort to chart future directions for (...) the field. By reviewing and analyzing existing scholarship and providing thematic content and distinctive arguments, it offers to its readers both a resource and a provocation. Thus, Law and the Humanities marks the maturation of this 'law and' enterprise and will spur its further development. (shrink)

Social epidemiology has made a powerful case that health determined not just by individual-level factors such as our genetic make-up, access to medical services, or lifestyle choices, but also by social conditions, including the economy, law, and culture. Indeed, at the level of populations, evidence suggests that these “structural” factors are thepredominantinfluences on health. Legal scholars in public health, including those in the health and human rights movement, have contended that human rights, laws, and legal practices are powerfully linked to (...) health. Social epidemiology and health-oriented legal scholarship are complementary in their focus and their research needs. Legal scholarship has identified plausible ways in which legal and human rights factors could be influencing health, but empirical evidence has been limited. (shrink)

Social epidemiology has made a powerful case that health determined not just by individual-level factors such as our genetic make-up, access to medical services, or lifestyle choices, but also by social conditions, including the economy, law, and culture. Indeed, at the level of populations, evidence suggests that these “structural” factors are the predominant influences on health. Legal scholars in public health, including those in the health and human rights movement, have contended that human rights, laws, and legal practices are powerfully (...) linked to health. Social epidemiology and health-oriented legal scholarship are complementary in their focus and their research needs. Legal scholarship has identified plausible ways in which legal and human rights factors could be influencing health, but empirical evidence has been limited. (shrink)

Sarat and Scheingold's book, Cause Lawyering, the first volume of its kind, coined the term for law as practiced by the politically motivated and those devoted to moral activism. The new collection examines cause lawyering in the global context, exploring the ways in which it is influencing and being influenced by the disaggregation of state power associated with democratization, and how democratization empowers lawyers who want to effect change. New configurations of state power create opportunities for altering the political (...) and social status quo. Cause lawyers are developing transnational networks to exploit these global opportunities, and to help strengthen international norms on issues such as human rights. The fifteen essays will focus on different national settings including South Africa, Israel, the U.K. and Latin America. (shrink)

The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts. Legal Rights: Historical and Philosophical Perspectives shows that (...) the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life. Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College. (shrink)

This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an ...

Over the last several decades legal scholars have plumbed law's rhetorical life. Scholars have done so under various rubrics, with law and literature being among the most fruitful venues for the exploration of law's rhetoric and the way rhetoric shapes law. Today, new approaches are shaping this exploration. Among the most important of these approaches is the turn toward history and toward what might be called an 'embedded' analysis of rhetoric in law. Historical and embedded approaches locate that analysis in (...) particular contexts, seeking to draw our attention to how the rhetorical dimensions of legal life works in those contexts. Rhetorical Processes and Legal Judgments seeks to advance that mode of analysis and also to contribute to the understanding of the rhetorical structure of judicial arguments and opinions. (shrink)

This book brings together scholarship on three different forms of state violence, examining each for what it can tell us about the conditions under which states use violence and the significance of violence to our understanding of states. This book calls into question the legitimacy of state uses of violence and mounts a sustained effort at interpretation, sense making, and critique. It suggests that condemning the state's decisions to use lethal force is not a simple matter of abolishing the death (...) penalty or – to take another exemplary example of the killing state – demanding that the state engage only in just wars, pointing out that even such overt instances of lethal force are more elusive as targets of critique than one might think. Indeed, altering such decisions may do little to change the essential relationship of the state to violence. (shrink)

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with (...) conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with (...) conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

The essays in this collection show how law is relevant in both an "instrumental" and a "constitutive" sense, as a tool to accomplish particular purposes and as ...

Justice and Power in the Sociolegal Studies asks what interdisciplinary work in the law and society tradition tells us about the relationship of law and justice, as well as the way power operates in and through law. The fundamental concepts of justice and power provide points of departure for leading scholars to explore the various domains of socio-legal research. As they note the explicitness of the engagement with issues of power and the relative silence about -- or indirectness in taking (...) on -- questions of justice found in most law and society research, they ask how engagement with issues of power and silence about justice constituted law and society as a research field caught between a desire to have political impact and, at the same time, to maintain its scientific respectability. (shrink)

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

This book is the one to put into the hands of those who have been over-impressed by Austin 's critics....[Warnock's] brilliant editing puts everybody who is concerned with philosophical problems in his debt.

This book examines the context, meaning, and implications of animals' resistance to human exploitation from a perspective that considers both the animals' lived experiences and what their resistance reveals about the societies in which they resist.

In the present study, ordinary kriging and support vector machine have been used to develop three dimensional site characterization model of an alluvial site based on standard penetration test results. The SVM is a novel type of learning machine based on statistical learning theory, uses regression technique by introducing ε-insensitive loss function has been adopted. The knowledge of the semivariogram of the SPT values is used in the ordinary kriging method to predict the N values at any point in the (...) subsurface of the site where field measurements are not available. The comparison between the SVM and ordinary kriging model demonstrates that the SVM model is superior to ordinary kriging model in predicting N values in the site. (shrink)

The underreporting of suspected adverse drug reactions hinders pharmacovigilance. Solutions to underreporting are oftentimes directed at clinicians and health care professionals. However, given the recent rise of public inclusion in medical science, solutions may soon begin more actively involving patients. I aim to offer an evaluative framework for future possible proposals that would engage patients with the aim of mitigating underreporting. The framework may also have value in evaluating current reporting practices. The offered framework is composed of three criteria that (...) are bioethical, social-epistemic, and pragmatic: (i) patients should not be exposed to undue harms, e.g., nocebo effects; (ii) data should be collected, analyzed, and communicated prioritizing pharmacovigilance’s aims, i.e., free from industry bias; and (iii) proposals should account for existing and foreseeable pragmatic constraints like clinician ‘buy in’ and existing reporting infrastructure. Proposals to engage patients in pharmacovigilance that fulfil or address these criteria are preferable to those that do not. (shrink)

First published in 1962, contains the William James Lectures delivered at Harvard University in 1955. It sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well- known distinction of performative utterances from statements, Austin here finally abandons that distinction, replacing it by a more general theory of 'illocutionary forces' of utterances which has important bearings on (...) a wide variety of philosophical problems. (shrink)

Sobre la utilidad del estudio de la jurisprudencia de John Austin, es la obra que esclarece la esencia del derecho y de la legislación, el propio objeto de la jurisprudencia que conforma en su plataforma el beneficio del conocimiento de una ciencia cuya finalidad es desentrañar los mecanismos y principios de las reglamentaciones y estatutos que rigen el comportamiento humano en las sociedades establecidas. El autor indaga y profundiza en la necesidad de estudiar la naturaleza del derecho y en (...) distinguir las diversas clases de leyes que lo conforman y se aplican en el campo jurídico. Propone la utilidad que tiene el estudio de la jurisprudencia en el acontecer reglamentario, la importancia de definir los comienzos que constituyen el propio objeto de las leyes, no con el fin de determinar su valor, criterio o medida, cuyo trabajo es del legislador; sino de exponer los principios y distinciones comunes a los sistemas del derecho. John Austin plantea las ventajas que se obtienen al analizar el sistema del derecho mediante el descubrimiento y la definición de los componentes que integran las normas que lo fundamentan, arrojando luz sobre la oscuridad verbal que puede confundir el derecho y la moral. (shrink)

In this sixth issue of Speculations, a serial imprint created to explore post-continental philosophy and speculative realism, a wide range of contemporary philosophical issues pertaining to the contemporary philosophical scene is touched upon, from the continental realism of Tristan Garcia, Graham Harman and Quentin Meillassoux to the 'new realism' of Maurizio Ferraris, from Lacanian and Laurellian speculations to the synthetic philosophy of Fernando Zalamea's mathematics.

Christian ethics is a most perplexing subject. This Guide takes the reader through the most fundamental issues surrounding the question of Ethics from a Christian perspective: Is ethics a meaningful topic of discourse and can there be such a thing as an ethical argument or ethical persuasion? What is the meaning of the adjective in Christian Ethics?Could right behavior be different for Christians than it is for others? Can we turn to the Bible for help? Does the Bible tell us (...) what to do, or give us insight into the good we should aim to achieve, or give us a narrative by which to live? Is it best to think of ethics as a matter of duty, or good, or excellence? If we take the virtue line and say that ethics is about human excellence, doing well as a human being or succeeding at being a good human being then what will we say about humans who cannot achieve excellence? The virtue approach leads us to place friendship as the goal of ethics. (shrink)

With this special volume of Speculations, the editors wanted to challenge the contested term "speculative realism," offering scholars who have some involvement with it a space to voice their opinions of the network of ideas commonly associated with the name.

In this third volume of Speculations, a serial imprint created to explore post-continental philosophy and speculative realism, a wide range of topics are covered, from the philosophy of religion to psychoanalysis to the philosophy of science to gender studies, and in a wide variety of formats (articles, interviews, position pieces, translations, and review essays).

The subject of this paper, Excuses, is one not to be treated, but only to be introduced, within such limits. It is, or might be, the name of a whole branch, even a ramiculated branch, of philosophy, or at least of one fashion of philosophy. I shall try, therefore, first to state what the subject is, why it is worth studying, and how it may be studied, all this at a regrettably lofty level: and then I shall illustrate, in more (...) congenial but desultory detail, some of the methods to be used, together with their limitations, and some of the unexpected results to be expected and lessons to be learned. Much, of course, of the amusement, and of the instruction, comes in drawing the coverts of the microglot, in hounding down the minutiae, and to this I can do no more here than incite you. But I owe it to the subject to say, that it has long afforded me what philosophy is so often thought, and made, barren of -- the fun of discovery, the pleasures of co-operation, and the satisfaction of reaching agreement. (shrink)

From his own experience the author has found that searching and finding out that God has created a perfect world/universe relieves him of the stress and pressure of being in a world/universe of total confusion and turmoil while trying to make sense out of his daily struggles of living.

Tao and Trinity treats the Trinity as a philosophical notion coming to birth in Heraclitus, Parmenides, and Plato. All three attempt to treat the idea of an absolute source or unity of all things, and are driven in the direction of a first principle which is an instance of itself, an identity and a contradiction at once. The Trinity later on in Aquinas is also such a principle, one characteristically Western, with consequences for art and metaphor, image and symbol, comedy, (...) tragedy, and religion. The consideration of Aquinas forces a rewriting of the history of Western philosophy from Parmenides to Heidegger, Whitehead, and Derrida. The Tao is an Eastern version of such a principle - less dependent on dialectic, reason, logic, hierarchy, and more on nature, mysticism, and transcendence."--Back cover. (shrink)