Recognized as one of the leading philosophers and Jewish thinkers of the twentieth century, Emil Ludwig Fackenheim has been widely praised for his boldness, originality, and profundity. As is well-known, a striking feature of Fackenheim's thought is his unwavering contention that the Holocaust brought about a radical shift in human history, so monumental and unprecedented that nothing can ever be the same again. Fackenheim regarded it as the specific duty of thinkers and scholars to assume responsibility to probe this historical (...) event for its impact on the human future and to make its immense ramifications evident. In Emil Fackenheim's Post-Holocaust Thought and Its Philosophical Sources, scholars consider important figures in the history of philosophy--including Kant, Hegel, Heidegger, and Strauss--and trace how Fackenheim's philosophical confrontations with each of them shaped his overall thought. This collection details which philosophers exercised the greatest influence on Fackenheim, and how he diverged from them. Incorporating widely varying approaches, the contributors in the volume wrestle with this challenge historically, politically, and philosophically in order to illuminate the depths of Fackenheim's own thought. (shrink)

An invaluable companion to Green’s comprehensive collection of Strauss’s writings on Maimonides, this volume shows how Strauss confronted the commonly accepted approaches to the medieval philosopher, resulting in both a new ...

Leo Strauss is widely recognized as one of the foremost interpreters of Maimonides. His studies of the medieval Jewish philosopher led to his rediscovery of esotericism and deepened his sense that the tension between reason and revelation was central to modern political thought. His writings throughout the twentieth century were chiefly responsible for restoring Maimonides as a philosophical thinker of the first rank. Yet, to appreciate the extent of Strauss’s contribution to the scholarship on Maimonides, one has traditionally had to (...) seek out essays he published separately spanning almost fifty years. With _Leo Strauss on Maimonides_, Kenneth Hart Green presents for the first time a comprehensive, annotated collection of Strauss’s writings on Maimonides, comprising sixteen essays, three of which appear in English for the first time. Green has also provided careful translations of materials that had originally been quoted in Hebrew, Arabic, Latin, German, and French; written an informative introduction highlighting the original contributions found in each essay; and brought references to out-of-print editions fully up to date. The result will become the standard edition of Strauss’s writings on Maimonides. (shrink)

Fackenheim was one of the most philosophically serious, knowledgeable, and provocative contemporary Jewish thinkers. His original focus as a philosophical theologian was mainly on revelation, but in his later work he concerned himself primarily with the wide-ranging implications of the Holocaust. In this book, Kenneth Hart Green examines Fackenheim's intellectual trajectory and traces how and why he focused so intently on the Holocaust. He explores the deeper thought that Fackenheim developed about the Holocaust, which he construed as (...) a cataclysmic event that ruptured history and one that also brought about a change in the very structure of being. As Green demonstrates, the Holocaust, according to Fackenheim's interpretation, changes how we view all things, from God to man to history. It also radically affects Judaism, Christianity, and philosophy, the major traditions that have shaped the Western world. (shrink)

Explores the impact on Jews and Judaism of the crisis of modernity, analyzing modern Jewish dilemmas and providing a prescription for their resolution.

This volume is a collection of essays by various contributors in honor of the late Laurence Berns, Richard Hammond Elliot Tutor Emeritus at St. John's College, Annapolis. The essays address the literary, political, theological, and philosophical themes of his life's work as a scholar, teacher, and constant companion of the "great books.".

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

Early last year, the GenEthics Consortium (GEC) of the Washington Metropolitan Area convened at George Washington University to consider a complex case about genetic testing for Alzheimer disease (AD). The GEC consists of scientists, bioethicists, lawyers, genetic counselors, and consumers from a variety of institutions and affiliations. Four of the 8 co-authors of this paper delivered presentations on the case. Supplemented by additional ethical and legal observations, these presentations form the basis for the following discussion.

Advanced Cell Technology's Ethics Advisory Board has been called window dressing for a corporate marketing plan. But the scientists and managers have paid attention, and the lawyers have gone along.

This paper considers an approach to teaching ethics in bioengineering based on the How People Learn (HPL) framework. Curricula based on this framework have been effective in mathematics and science instruction from the kindergarten to the college levels. This framework is well suited to teaching bioengineering ethics because it helps learners develop “adaptive expertise”. Adaptive expertise refers to the ability to use knowledge and experience in a domain to learn in unanticipated situations. It differs from routine expertise, which requires using (...) knowledge appropriately to solve routine problems. Adaptive expertise is an important educational objective for bioengineers because the regulations and knowledge base in the discipline are likely to change significantly over the course of their careers. This study compares the performance of undergraduate bioengineering students who learned about ethics for stem cell research using the HPL method of instruction to the performance of students who learned following a standard lecture sequence. Both groups learned the factual material equally well, but the HPL group was more prepared to act adaptively when presented with a novel situation. (shrink)

In its comprehensive overview of Alain Locke's pragmatist philosophy this book captures the radical implications of Locke's approach within pragmatism, the critical temper embedded in Locke's works, the central role of power and empowerment of the oppressed and the concept of broad democracy Locke employed.

This chapter contains sections titled: The Tree and the Bean The Taste Test A Way Out of Relativism Other Considerations Try It Yourself!

A collection of the author's new and reprinted papers in general jurisprudence. Chapters: -/- Introduction: A Philosophy of Legal Philosophy -/- Law, As Such 1. The Concept of Law Revisited 2. Law as a Means 3. Custom and Convention at the Foundations of Law 4. Realism and the Sources of Law 5. Feminism in Jurisprudence -/- Law and Morality 6. The Germ of Justice 7. The Inseparability of Law and Morals 8. The Morality in Law 9. The Role of a (...) Judge 10. Should Law Improve Morality? -/- The Demands of Law 11. Hume on Allegiance 12. Associative Obligations and the State 13. The Forces of Law 14. The Duty to Govern. (shrink)

The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any legal system (H.L.A. (...) class='Hi'>Hart's rule of recognition) to Searle's notion of codification: the idea that institutions need official declarations of their constitutive rules in order to enjoy the full benefits of institutions. The incompatibility arises from the fact that, in order to do its institutional work, the basic validity rule must be codified in Searle's sense—yet, given the particular role it has in legal positivism, it may be impossible to codify in the Searlean sense. In this paper I develop the incompatibility in detail, consider and reject consigning the basic validity rule to Searle's “Background” capacities that support institutional facts, and conclude that the best route to eliminating it while doing a minimum of damage to the two theories is to make a slight emendation to Searle's theory of institutions. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to (...) exist and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to (...) include modern references and further reading. (shrink)

Inclusive and exclusive positivists disagree on whether criteria of validity can incorporate moral norms. Inclusive positivists believe there are conceptually possible legal systems in which the criteria of validity include moral norms (the ‘Incorporation Thesis’). Exclusive positivists, following Joseph Raz, reject the Incorporation Thesis on the ground that subjects of a putative legal system incorporating moral criteria of validity could not identify the law without evaluating the very reasons the law is supposed to replace. Since law cannot be authoritative unless (...) it is identifiable without recourse to those dependent reasons, the Incorporation Thesis is inconsistent with the nature of authority. Most defences of the Incorporation Thesis attempt to refute Raz's theory of authority. In contrast, Jules Coleman argues that inclusive positivism is compatible with Raz's theory. In this essay, I examine Coleman's defence of the Compatibility Thesis. (shrink)

This paper guides the reader through the use of functions in contemporary legal philosophy: in developing those philosophies and through methodological debates over their proper role. This paper is broken into two sections. In the first I canvass the role of functions in the legal philosophies of several mid to late twentieth century Anglo-American general jurisprudents whose theories are still common topics of discussion: Ronald Dworkin, H.L.A. Hart, Lon L. Fuller, John Finnis, and Joseph Raz. In the second, I (...) examine contemporary arguments over the role of functions in the methodology of legal philosophy. (shrink)

In this brief essay, I attempt to reply to Wilfrid Waluchow’s critique of my positivist theory of legal obligation, which appear in his contribution to this volume, Lessons from Hart. Waluchow argues, with insight and elegance, that my theory fails to distinguish between the internal and external point of view, and gives an account of legal obligation from the external point of view. I attempt to rebut this interesting criticism by arguing that the distinction between the internal and external (...) point of view was made inside Hart’s analysis of the concepts central to law, and that I am attempting to give an account from the same point of view that Hart takes when he analyzes legal concepts —that of the methodology of traditional conceptual analysis.Resumen:En este breve ensayo, intento responder a la crítica de Wilfrid Waluchow sobre mi teoría positivista de la obligación jurídica, crítica que aparece en su colaboración de este número, Lessons from Hart. Waluchow sostiene, con perspicacia y elegancia, que mi teoría fracasa al no distinguir entre el punto de vista interno y externo, y que ofrece una explicación de la obligación jurídica desde el punto de vista externo. Intento refutar esta interesante crítica al argumentar que la distinción entre el punto de vista interno y externo fue hecho dentro del análisis de Hart de los conceptos centrales del derecho y que yo intento proporcionar una explicación desde el mismo punto de vista que toma Hart cuando analiza conceptos jurídicos, el de la metodología tradicional del análisis conceptual. (shrink)

Doug Husak suggests that sometimes an actor should be deemed reckless, and not merely negligent, with respect to the risks that she knowingly created but has forgotten at the moment of action. The validity of this conclusion, he points out, depends crucially on what it means to be aware of a risk. Husak’s neutral prompt and counterfactual actual belief criteria are problematic, however. More persuasive is his suggestion that we understand belief, in this moral and criminal law context, as a (...) concept whose meaning is determined by its function as a culpability standard. Husak concludes that inadvertent actors are often less culpable than knowing-but-later-forgetful actors; this is plausible, but there are also numerous counterexamples. Holly Smith focuses on negligence cases in which an agent’s failure to notice a risk stems, not from a prior culpable choice, but from an objectionable attitude or set of attitudes. She is right to emphasize that genuine moral culpability does not depend on conscious choice. However, Smith also asserts that decisions that flow from an actor’s objectionable attitudes are only rarely culpable, because they often do not arise from a reasonably full configuration of the actor’s motives. This last requirement is, I fear, an unrealistic and unnecessarily demanding criterion of culpability. Even when many of the actor’s evaluative attitudes are inactive in Smith’s sense, the actor might deserve blame for not bringing them to bear on his decision. Michael Moore and Heidi Hurd thoroughly explore, and find deficient, H.L.A. Hart’s unexercised capacity theory of negligence. They are correct that that theory requires a further judgment: an actor’s inadvertence is culpable only if he had the capacity to have adverted if X where X is the source of the actor’s moral desert. They overstate, however, in suggesting that the capacity issue falls out of the picture once we identify that underlying desert basis. The authors also worry that if desert is grounded on an underlying vice, we lack a reliable way of ranking the different vices that might explain the actor’s inadvertence; this is not a fatal objection, however, because negligence determinations are quite feasible even in the absence of clear rankings. Moore and Hurd conclude by identifying eight distinct categories in which criminal liability for negligence is justifiable. Negligence is indeed a surprisingly complex and pluralist concept. The three articles in this symposium brightly illuminate some of the most fundamental conceptual and normative issues in the debate over whether it is just to blame and punish the negligently inadvertent. (shrink)

We continue the investigation of Gregory trees and the Cantor Tree Property carried out by Hart and Kunen. We produce models of MA with the Continuum arbitrarily large in which there are Gregory trees, and in which there are no Gregory trees.

Legal positivism lacks a comprehensive theory of legal obligation. Hart's account of legal obligation, if successful, would explain only how the rule of recognition obligates officials. There is nothing in Hart's account of social obligation and social norms that would explain how the legal norms that govern citizen behavior give rise to legal obligations. However, we cannot give a theoretical explanation of the concept of legal obligation without a theoretical explanation of the concept of obligation. If legal, social (...) and moral obligations are three instances of the kind defined by “obligation,” then we cannot successfully explicate the nature of legal, social or moral obligations without a successful general conceptual theory of obligation. In what follows, I attempt to develop what I take to be the central elements of the general concept of obligation. I argue that obligations are (1) associated with mandatory prescriptions; (2) reasons for action; (3) exclusionary in the sense that certain reasons are excluded as an excuse of justification for non-performance; and (4) “binding” in the sense that they have a special normative force. At the end of the paper, I briefly argue that our shared concept of obligation is indeterminate with respect to one theoretically important case, the issue of whether the rules of a crime gang that includes some sort of rule-defining procedures for making rules governing members obligate gang members if accepted as legitimate by the members. (shrink)

Green and Shapiro's tour de force fails as a convincing critique of rational choice applications in political science because it locks itself into a statistical form of assessment. Rather than seeing the constructive side of rational choice theory, both as an engine of theoretical development and as a source of non?obvious empirical insights about politics, Green and Shapiro depart from the procedure in most sciences, comparing rational choice against an ideal rather than some concrete alternative. Finally, they fail (...) to note the recent emphasis on sophisticated empirical testing of rational choice hypotheses. (shrink)

Available from UMI in association with The British Library. Requires signed TDF. ;The thesis is an examination of the concept of rights. Its aims are analytical and descriptive. No attempt is made to justify any particular possession or denial of rights. It is, however, a theory about rights in general, and not just about either legal or moral rights. This reflects the writer's belief that conceptual problems about the nature of rights can be satisfactorily tackled only if a unified approach (...) is adopted. In each of the first three chapters a leading theory of rights is examined, criticised and rejected. These theories are benefit theories, choice theories, theories of overriding. Particular attention is given to the writings of John Austin, HLA Hart and RM Dworkin. In the fourth chapter Hohfeld's claim for the diversity of rights is examined and rejected as unproven. In the fifth chapter an attempt is made to provide a more satisfactory theory of moral rights. This draws a distinction between rights as assessments of that which the right-holder may do and as assessments of that which others must do for the right-holder. Rights of the first type are explained in terms of a strong sense of permission; those of the second type as an instance of welfare principles. In the succeeding chapter this explanation is extended to legal rights. Finally, an attempt is made to provide a theory of the nature of property rights in general, and of ownership in particular. (shrink)

This paper argues that moral particularism, defined as the view that moral judgment does not require moral principles, depends upon a constricted and untenable view of rational judgment as simple syllogistic ratiocination. This I demonstrate by re-examining Nussbaum’s (1986/2002) case for particularism based on Sophocles’ Antigone. The central role of principles in moral judgment and in educational theory is supported by explicating ‘mature judgment’, which highlights key features of Thomas Green’s account of norm acquisition and of Kant’s account of (...) the autonomy of rational judgment. (shrink)

despite the fact that pragmatism spawned a whole school of economics, namely, Institutionalism, relatively little work has been done by pragmatists in philosophy to apply pragmatism to contemporary economic issues or to the rethinking of economic theory, which seems to be unraveling in the current state of economic crisis. There are notable exceptions, of course, and I mention here especially the work of Judith Green, in applying pragmatism in the furtherance of economic democracy; Larry Hickman’s fine essays in deepening (...) our understanding of the pragmatist sources of Institutionalist thinkers such as Thorstein Veblen ; and Ron Nahser, a marketing executive who also wrote and published.. (shrink)

Vladimir Putin has been in power in Russia for two decades. He served two four-year terms as president from 2000 to 2008, followed by a term as prime minister until 2012. He returned to the preside...

The imperativist strand of positivism derives law from an actual person or set of persons wielding a monopoly of force. The rule-based positivism of H.L.A. Hart has more sublty identified a matter-of-fact rule of recognition in place of such a sovereign one or many. But sovereignty is not a matter-of-fact of any kind; rather it is partly the product of what I call qua arguments. I reconstruct the reasoning, in the extradition case of Augusto Pinochet in the British House (...) of Lords, providing a focus for an account of the limits of legal positivism in the application of the principle par in parem non habet imperium. Sovereign power is interpreted through reasoning that is at its margin more moral than technically legal. (shrink)

In The Concept of Law, H. L. A. Hart propounds three central theses about the nature of law: a standard of behavior is a law in a society S if and only if that standard has been promulgated in accordance with the procedures specified in S's rule of recognition ; there are no necessary substantive moral constraints on the content of law ; and judges have discretion in hard cases to base their decisions on extralegal standards; thus, judges decide (...) hard cases by creating new law and not by applying existing law . ;Despite the apparent simplicity of Hart's positivism, it has been the subject of fierce controversy. In "The Model of Rules I," Ronald Dworkin argues that judges are bound in hard cases to consider legal principles that derive their authority from, as Dworkin puts it, "a sense of appropriateness developed in the profession and the public over time." Thus, he concludes that two of Hart's theses are false. First, since the authority of such principles does not depend on their having been promulgated in accordance with the requirements of the rule of recognition, Hart's Pedigree Thesis is false. Second, since judges are always bound by these principles in hard cases, Hart's Discretion Thesis is false. ;In my dissertation, I consider a number of attempts to defend Hart's positivism from Dworkin's criticisms. I show that Hart would reject each of these attempts as involving an unacceptable modification of his version of the Pedigree Thesis. Additionally, I argue that, contra Dworkin, the authority of legal principles derives from their having been declared by judges in the course of deciding hard cases. Accordingly, I conclude that the validity of legal principles is consistent with Hart's version of the Pedigree and Discretion Theses. (shrink)

The concept of legal obligation is utterly central to legal practice. But positivism lacks a comprehensive account of legal obligation, focusing only on the second-order recognition obligations of officials with no account of the first-order legal obligations of citizen. As legal obligations are conceptually related to legally valid norms, this failure calls into question positivism’s theory of legal validity. In this essay, I develop Hart’s account of social obligation and supplement his account of the second-order legal obligations of official (...) qua official with an account of the first-order obligations of citizens. The latter is constituted, I argue, by social pressure in the form of the authorization of the state’s coercive machinery for non-compliance.Resumen:El concepto de obligación jurídica es completamente central para la práctica jurídica. Sin embargo, el positivismo carece de una explicación integral de la obligación jurídica, puesto que se concentra solamente en el reconocimiento de obligaciones de segundo orden que recaen sobre los oficiales, y no explican las obligaciones jurídicas de primer orden que recaen sobre los ciudadanos. Cuando las obligaciones jurídicas se relacionan conceptualmente con normas válidas jurídicamente, el error de no tener una explicación integral de la obligación jurídica pone en crisis la teoría positivista de la validez jurídica. En este ensayo se desarrolla la explicación hartiana de la obligación social y se complementa su explicación de las obligaciones jurídicas de segundo orden del oficial en su calidad de oficial con una explicación de la obligación de primer orden de los ciudadanos. Esta última se constituye, argumenta el autor, por la presión social en la forma de la autorización que tiene el Estado de echar a andar la maquinaria coercitiva si no se cumple con la obligación. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:russell: the Journal of Bertrand Russell Studies n.s. 34 (winter 2014–15): 131–4 The Bertrand Russell Research Centre, McMaster U. issn 0036–01631; online 1913–8032 c:\users\ken\documents\type3402\rj 3402 050 red.docx 2015-02-04 9:19 PM _ibliography NEW PERIODICAL ARTICLES BY RUSSELL Kenneth Blackwell here are 35 new C entries since 1993 for A Bibliography of Bertrand Russell, and more for all Parts of Vol. 2. With many thanks to several readers. C15.18a [RECONSTRUCTION (...) OF INTELLECTUAL INTERNATIONALISM AFTER THE WAR]. Svenska Dagbladet, Stockholm, 18 July 1915, sec. b, p. 5. Published under the general title “Det kulturella samarbetets återupptagande efter kriget” [The re-establishment of cultural cooperation after the war]. There is a subtitle : “Tre nya svar på Svenska Dagbladets världsenquête” [Three new responses to Svenska Dagbladet’s world enquiry].—Ms. (ra3 rec. acq. 1,325).—In English in Russell, n.s. 18 (1998): 141–3 (ed. K. Blackwell). C16.07a THE CASE OF MR. E. CHAPPELOW. The Manchester Guardian, 19 April 1916, p. 6. Six sentences, introduced thus: “The Hon. Bertrand Russell writes”.—Russell makes reference to the Everett case. C16.10a THE CASE OF THE CONSCIENTIOUS OBJECTOR. The Freethinker, 36 (14 May 1916): 310. “… the country is drifting into the infliction of serious persecution upon a large number of young men.…”—Reprinted, with two-thirds omitted, in Jim Herrick, Vision and Realism: a Hundred years of The Freethinker (London: Foote, 1982), pp. 51–2. C22.39 INSTINCT, HABIT, AND INTELLIGENCE. Hull Weekly Recorder, no. 1 (16 Dec. 1922): 6–9. Reprinted in Collected Papers 16 (in preparation). C23.10a BERTRAND RUSSELL PREDICTS U.S. WILL EVENTUALLY CONTROL THE ENTIRE WORLD. The Daily Argus, Mt. Vernon, ny, 7 March 1923, p. 3. Subtitled “Famous British Philosopher Declares America Will Conquer through Economic Causes What Others Have Tried to Win by Force”.—A note states: “Written exclusively for I.N.S.” (International News Service).—Reprinted in Collected Papers 16 (in preparation). C28.02a WHAT I THINK OF COMPANIONATE MARRIAGE. Children, the Magazine for Parents, Chicago, 3 (Feb. 1928): 17. Russell’s contribution—one of four under the title, the others being by Ernest R. Groves, Stephen S. Wise, and Anna Garlin Spencer, pp. 17, 47—is five sentences long.—Reprinted in Collected Papers 18 (in preparation). C28.02b [ADVICE ON WRITING]. The Daily Illini (U. of Illinois), Champaign, il, 12 Feb. 1928, p. 15. Letter to the author on developing a writing style, quoted fully in Newton York, q= 132 kenneth blackwell c:\users\ken\documents\type3402\rj 3402 050 red.docx 2015-02-04 9:19 PM “What Authors Advise”, ibid.—Part of Russell’s advice is to “read Gibbon all through, at least twice.” —Reprinted in Collected Papers 18 (in preparation). C32.39a MR. BERTRAND RUSSELL’S QUESTIONS. The Manchester Guardian, 27 June 1932, p. 10. Letter to a Coventry correspondent, under the title, “The Dismissed Teacher”. C34.36a ROMAN-CELTIC FARM SITE. The Times, 18 Sept. 1934, p. 7. Letter in “Points from Letters”, signed by John Russell, Telegraph House, Harting, Petersfield, referring to S. E. Winbolt’s “A Roman-Celtic Farm Site; Discovery near Harting, Sussex”, ibid., 10 Sept. 1934, p. 7. The writer states that his part was “not so great” as it appears in the account.—The composition of the letter is ascribed here to Bertrand Russell because a draft, with the exception of a phrase added later, is entirely in his fluent hand. That of his 13-year-old son is not present.—The draft was crossed out, and the verso became folio 1 of the ms. of “On Ceremony” (C34.48). C34.55a [THE AMERICAN LIBRARY OF NAZI BANNED BOOKS]. Jewish Daily Bulletin, New York, 11, no. 3,030 (23 Dec. 1934): 1. A telegram congratulating the Brooklyn Jewish Center for “inaugurating an American Library for Nazi burnt books”.—The allusion is to the Nazi bonfire of banned books on 10 May 1933.—The dinner celebrating the Library and mentioned in Russell’s telegram is the subject of Joseph Goldberg, “ ‘A Splendid and Historic Gathering’: Brooklyn Jewish Center Inaugurates Library of Nazi Banned books”, Brooklyn Jewish Center Review... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:russell: the Journal of Bertrand Russell Studies n.s. 34 (winter 2014–15): 131–4 The Bertrand Russell Research Centre, McMaster U. issn 0036–01631; online 1913–8032 c:\users\ken\documents\type3402\rj 3402 050 red.docx 2015-02-04 9:19 PM _ibliography NEW PERIODICAL ARTICLES BY RUSSELL Kenneth Blackwell here are 35 new C entries since 1993 for A Bibliography of Bertrand Russell, and more for all Parts of Vol. 2. With many thanks to several readers. C15.18a [RECONSTRUCTION (...) OF INTELLECTUAL INTERNATIONALISM AFTER THE WAR]. Svenska Dagbladet, Stockholm, 18 July 1915, sec. b, p. 5. Published under the general title “Det kulturella samarbetets återupptagande efter kriget” [The re-establishment of cultural cooperation after the war]. There is a subtitle : “Tre nya svar på Svenska Dagbladets världsenquête” [Three new responses to Svenska Dagbladet’s world enquiry].—Ms. (ra3 rec. acq. 1,325).—In English in Russell, n.s. 18 (1998): 141–3 (ed. K. Blackwell). C16.07a THE CASE OF MR. E. CHAPPELOW. The Manchester Guardian, 19 April 1916, p. 6. Six sentences, introduced thus: “The Hon. Bertrand Russell writes”.—Russell makes reference to the Everett case. C16.10a THE CASE OF THE CONSCIENTIOUS OBJECTOR. The Freethinker, 36 (14 May 1916): 310. “… the country is drifting into the infliction of serious persecution upon a large number of young men.…”—Reprinted, with two-thirds omitted, in Jim Herrick, Vision and Realism: a Hundred years of The Freethinker (London: Foote, 1982), pp. 51–2. C22.39 INSTINCT, HABIT, AND INTELLIGENCE. Hull Weekly Recorder, no. 1 (16 Dec. 1922): 6–9. Reprinted in Collected Papers 16 (in preparation). C23.10a BERTRAND RUSSELL PREDICTS U.S. WILL EVENTUALLY CONTROL THE ENTIRE WORLD. The Daily Argus, Mt. Vernon, ny, 7 March 1923, p. 3. Subtitled “Famous British Philosopher Declares America Will Conquer through Economic Causes What Others Have Tried to Win by Force”.—A note states: “Written exclusively for I.N.S.” (International News Service).—Reprinted in Collected Papers 16 (in preparation). C28.02a WHAT I THINK OF COMPANIONATE MARRIAGE. Children, the Magazine for Parents, Chicago, 3 (Feb. 1928): 17. Russell’s contribution—one of four under the title, the others being by Ernest R. Groves, Stephen S. Wise, and Anna Garlin Spencer, pp. 17, 47—is five sentences long.—Reprinted in Collected Papers 18 (in preparation). C28.02b [ADVICE ON WRITING]. The Daily Illini (U. of Illinois), Champaign, il, 12 Feb. 1928, p. 15. Letter to the author on developing a writing style, quoted fully in Newton York, q= 132 kenneth blackwell c:\users\ken\documents\type3402\rj 3402 050 red.docx 2015-02-04 9:19 PM “What Authors Advise”, ibid.—Part of Russell’s advice is to “read Gibbon all through, at least twice.” —Reprinted in Collected Papers 18 (in preparation). C32.39a MR. BERTRAND RUSSELL’S QUESTIONS. The Manchester Guardian, 27 June 1932, p. 10. Letter to a Coventry correspondent, under the title, “The Dismissed Teacher”. C34.36a ROMAN-CELTIC FARM SITE. The Times, 18 Sept. 1934, p. 7. Letter in “Points from Letters”, signed by John Russell, Telegraph House, Harting, Petersfield, referring to S. E. Winbolt’s “A Roman-Celtic Farm Site; Discovery near Harting, Sussex”, ibid., 10 Sept. 1934, p. 7. The writer states that his part was “not so great” as it appears in the account.—The composition of the letter is ascribed here to Bertrand Russell because a draft, with the exception of a phrase added later, is entirely in his fluent hand. That of his 13-year-old son is not present.—The draft was crossed out, and the verso became folio 1 of the ms. of “On Ceremony” (C34.48). C34.55a [THE AMERICAN LIBRARY OF NAZI BANNED BOOKS]. Jewish Daily Bulletin, New York, 11, no. 3,030 (23 Dec. 1934): 1. A telegram congratulating the Brooklyn Jewish Center for “inaugurating an American Library for Nazi burnt books”.—The allusion is to the Nazi bonfire of banned books on 10 May 1933.—The dinner celebrating the Library and mentioned in Russell’s telegram is the subject of Joseph Goldberg, “ ‘A Splendid and Historic Gathering’: Brooklyn Jewish Center Inaugurates Library of Nazi Banned books”, Brooklyn Jewish Center Review... (shrink)

This essay concerns Scott Shapiro's criticism that H.L.A. Hart's theory of law suffers from a Although other philosophers of law have summarily dismissed Shapiro's criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro's planning theory of law is that it can explain this phenomenon. (...) Despite these sympathies, however, I end with the suggestion that Shapiro's criticism of Hart, as it stands, is incomplete. Careful attention to Hart's notion of the internal point of view indicates that he was aware that legal justification ends with abstract objects, not practices, and that he offered his own explanation of this phenomenon. (shrink)