In his later writings, William Twining has been developing the notion of general jurisprudence, the aim of which is to integrate all theoretical approaches to law in a coherent whole. Central to the undertaking is the relationship between analytical jurisprudence and empirical evidence. Twining is critical of analytical jurisprudence for not adequately taking account of empirical evidence. While he has established a suitable framework within which to develop general jurisprudence, the argument in this essay is that the social understanding of (...) law, which is an essential part of general jurisprudence, cannot be achieved by starting with analytical jurisprudence, but needs to be approached through the methodology of interpretive social theory along the lines advanced by Max Weber. This approach has two main advantages: it enables the social understanding of law to be fully integrated into general jurisprudence, and it shows how analytical jurisprudence, rather than being in opposition to social understanding, can contribute to it. (shrink)

Due Process is one of the most interesting and conceptually challenging areas of the common law, and in recent years there has been a major revival of interest in the sheer range and applicability of the term. In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative and theoretical framework. In landmark decisions such as Ridge v. (...) Baldwin the courts in Britain and other parts of the Commonwealth have begun to recognize the importance of procedural fairness across a broad spectrum of official powers and decisions. Principles have begun to emerge, and yet the courts have not yet developed an approach which is entirely adequate to the task. In this timely book, the author traces the development of these principles within a framework which includes analysis and critique of legal developments in the major common law jurisdictions, and which relates these developments to similar ideas under both the European Convention on Human Rights and the American Constitution. Original, scholarly and thought-provoking, this major new study will be required reading for lawyers with interests in public law, civil and criminal procedure, civil liberties, legal theory and comparative law. (shrink)

This article aims at linking empirical research to legal theories, in a way that could enhance the benefits of this synergy. Jurisprudence, until recently the usual term for theoretical approaches to law, is now often replaced by the term legal theory. Difference between legal theory and empirical research is reflected in their consideration of subject matters, aims, and methods of research. However, there also exist commonalities between the two, i.e. both aim at comprehending law and legal systems. While legal theory (...) uses philosophical tools, its subject matter still remains a social phenomenon, for social ends. And since empirical research is a means to gather information about law, it could act as a prime source of information for legal theory. While empirical research has its own end to follow, what is missing is, attention to some legal theory, not just general legal theory, but which can also critique philosophical discourses to legality. (shrink)

Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour.The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. (...) Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society.Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change. (shrink)

Shame is a puzzling emotion. On the one hand, to feel ashamed is to feel badly about oneself; but on the other hand, it also seems to be a response to the way the subject is perceived by other people. So whose standards is the subject worried about falling short of, his own or those of an audience? I begin by arguing that it is the audience's standards that matter, and then present a theory of shame according to which shame (...) is a response to the subject's perception that he is not thought of in the way he intrinsically values himself for being thought of by someone else. Then I go on to suggest some refinements to this basic view. First, the subject of shame is primarily concerned about his audience's attitudes toward him, not what they believe about him. And second, there may be one particular attitude which he values himself for inspiring. There is no very perspicuous term for this attitude, so I call it ‘proto-respect’ – the attitude a social animal directs toward those it regards as valuable allies or bad enemies. (shrink)

The aim of this essay is to examine the place of the people in the constitutions of democratic nations. While the meaning of democracy and the degree to which it is achieved vary within the family of nations considered democratic, the idea common to all is that the people are self-governing. In its origins, the idea is tied to liberty: not to be self-governing is to be subject to the will of another and so not to be free. What constitutes (...) self-government is open to interpretation, although this is not the place to examine the possible meanings. Nor is this the place to set out the history of the idea or to show how it became central to modern constitutions, except to note the number of nations qualifying as democratic has steadily increased in recent years to just under a half of the total. It seems reasonable to assume that a democratic nation, a self-governing people, would want to make sure that the constitution, the basic of government and of relations between the people and government, provide for and protect self-government and hence democracy. (shrink)

Research on women's political representation in postsocialist Europe has highlighted the role of cultural and political factors in obstructing women's access to legislative power, such as the prevalence of traditional gender stereotypes, electoral systems, and the absence of a feminist movement. Yet, the role of women political elites in enhancing or hindering women's access to political power in the region has so far remained uncharted. This article seeks to fill some of the existing gaps in this literature by examining the (...) views of women politicians with regard to women's political underrepresentation and their assessments of strategies for redressing this imbalance. Findings from the analysis reveal that although women politicians recognize gender inequalities in representation as a problem requiring intervention, how the problem is perceived, and the preferred measures to deal with it, is largely shaped by the social and cultural context in which these actors are embedded. (shrink)

Galligan (Professor Emeritus, English, Western Michigan U.-Kalamazoo) argues that contemporary American critics should embrace literary truths with all of their uncertainties rather than cling to make- believe certainties of ideologies. He celebrates values commonly associated with modern, not postmodern, criticism, applying them to contemporary works in a series of fresh and unusual inquiries. He finds implications for criticism in work from the physical sciences and in the works of largely ignored novelists. Annotation copyrighted by Book News, Inc., Portland, OR.

A significant development in law schools in recent years is the reflowering, or in many cases the first flowering, of interest in legal theory. This may take the form of a greater concern with the jurisprudential and philosophical basis of law; alternatively, it may be represented in attempts to bring to bear on legal issues the knowledge and insights developed in other disciplines. Both directions branch into a multitude of sub-disciplines, any one of which offers rich pickings to the legal (...) academic. The object of these essays, all of which were written specially for the volume by members of the Law Faculty of the University of Melbourne, is to take a number of legal issues which are of particular contemporary interest and to analyse them in a theoretical way or by using knowledge and techniques derived from other disciplines. The authors cover such topics as the patentability of living organisms; the legal and ethical problems that arise from medical research and experiment; the economic basis of property rights; the application to the decisions of officials of values deriving from fairness and rationality; the arguments for and against regulating the professions; the theoretical basis of the law of evidence and how this relates to practical issues; whether legal systems are in fact 'systems'; the relationship between Marxism and positivism; the capacities of the courts in dealing with non-justiciable issues; and the relationship between private and public law concepts. (shrink)

This study described the relationships between academic class and student moral sensitivity and reasoning and between curriculum design components for ethics education and student moral sensitivity and reasoning. The data were collected from freshman (n = 506) and senior students (n = 440) in eight baccalaureate nursing programs in South Korea by survey; the survey consisted of the Korean Moral Sensitivity Questionnaire and the Korean Defining Issues Test. The results showed that moral sensitivity scores in patient-oriented care and conflict were (...) higher in senior students than in freshman students. Furthermore, more hours of ethics content were associated with higher principled thinking scores of senior students. Nursing education in South Korea may have an impact on developing student moral sensitivity. Planned ethics content in nursing curricula is necessary to improve moral sensitivity and moral reasoning of students. (shrink)

This work presents the concepts of translation and conservative translation between logics. By using algebraic semantics we introduce several conservative translations involving the classical propositional calculus and the many-valued calculi of Post and Lukasiewicz.

A record of the words and teachings of Confucius, _The Analects_ is considered the most reliable expression of Confucian thought. However, the original meaning of Confucius's teachings have been filtered and interpreted by the commentaries of Confucianists of later ages, particularly the Neo-Confucianists of the Song dynasty, not altogether without distortion.In this monumental translation by Professor D. C. Lau, an attempt has been made to interpret the sayings as they stand. The corpus of the sayings is taken as an organic (...) whole and the final test of the interpretation rests on the internal consistency it exhibits. In other words, _The Analects_ is read in the light of _The Analects._This results in a truer understanding of Confucius' thought than the traditional interpretation and paves the way for a re-assessment of its importance in the history of Chinese thought and its relevance to the present day world.This volume also contains an introduction to the life and teachings of Confucius, and three appendices on the events in the life of Confucius, on his disciples, and on the composition of _The Analects._. (shrink)

RésuméLa croyance que l'on est (ou pas) dans un état de douleur est singulière en ceci qu'elle semble pouvoir être qualifiée d'infaillibilité ou d'incorrigibilité logique, de même que le cogito. Mais comment se peut-il que l'existence d'une croyance (vraie) et l'existence du fait qui est l'objet de cette croyance puisssent constituer la même existence? Je propose ici une réponse à cette question. Parfois, une croyance peut être un désir.

We propose a kernel method for using combinations of features across example pairs in learning pairwise classifiers. Pairwise classifiers, which identify whether two examples belong to the same class or not, are important components in duplicate detection, entity matching, and other clustering applications. Existing methods for learning pairwise classifiers from labeled training data are based on string edit distance or common features between two examples. However, if two examples from the same class have few common features, these methods have difficulties (...) in finding these pairs and achieving high recall. One typical example is to check whether two abbreviated author names in different citations refer to the same person or not. Since similarities between examples from the same class become close to zero, classifiers fail to distinguish positive pairs from negative pairs. One approach to avoiding the problem of zero similarities is using conjunctions of different features across examples, but implementing this idea straightforwardly makes the computational cost prohibitive for practical problems. Using a kernel on pair instances, our method can use feature conjunctions across examples without actually doing feature mappings, which are computationally expensive. The kernel is a tensor product of two inner products on the original feature space. The corresponding feature mapping generates conjunctions of features only across the two different examples while that of the conventional polynomial kernel also generates conjunctions of features from the same example, which are irrelevant to pairwise classification and cause deterioration of accuracy. Our experiments on the author matching problem show that this method can give a precision 4 to 8 times higher than that of previous methods at medium recall levels. (shrink)

This is a study of a crucial and controversial topic in metaphysics and the philosophy of science: the status of the laws of nature. D. M. Armstrong works out clearly and in comprehensive detail a largely original view that laws are relations between properties or universals. The theory is continuous with the views on universals and more generally with the scientific realism that Professor Armstrong has advanced in earlier publications. He begins here by mounting an attack on the orthodox and (...) sceptical view deriving from Hume that laws assert no more than a regularity of coincidence between instances of properties. In doing so he presents what may become the definitive statement of the case against this position. Professor Armstrong then goes on to establish his own theory in a systematic manner defending it against the most likely objections, and extending both it and the related theory of universals to cover functional and statistical laws. This treatment of the subject is refreshingly concise and vivid: it will both stimulate vigorous professional debate and make an excellent student text. (shrink)

Engaging Polanyi’s embeddedness–disembeddedness framework, this study explored the work experiences of Bhil children employed in Indian Bt cottonseed GPNs. The innovative visual technique of drawings followed by interviews was used. Migrant children, working under debt bondage, underwent greater exploitation and perennial and severe depersonalized bullying, indicative of commodification of labour and disembeddedness. In contrast, children working in their home villages were not under debt bondage and underwent less exploitation and occasional and mild depersonalized bullying, indicative of how civil society organizations, (...) along with the state, attempt to re-embed economic activities in the social context. Polanyi’s double movement was evident. ‘Place’ emerged as the pivotal factor determining children’s experiences. A ‘protective alliance’ of community controls and social power, associated with in-group affiliations and cohesive ties, stemming from a common village and tribal identity, aided children working at home for Bhil farmers. ‘Asymmetric intergroup inequality’ due to pronounced social identity and class differences, coupled with locational constraints and developmental disadvantage, made migrant children vulnerable targets. Social embeddedness influences how child workers are treated because it forces employers to be ethical and not engage in bullying. However, by shifting production to children’s home villages, there is an attempt to obscure the difference between child labour and child work. Thus, the seeds of disembeddedness are sown through the very act of re-embeddeding, potentially hampering future interventions. (shrink)

In this short text, a distinguished philosopher turns his attention to one of the oldest and most fundamental philosophical problems of all: How it is that we are able to sort and classify different things as being of the same natural class? Professor Armstrong carefully sets out six major theories—ancient, modern, and contemporary—and assesses the strengths and weaknesses of each. Recognizing that there are no final victories or defeats in metaphysics, Armstrong nonetheless defends a traditional account of universals as the (...) most satisfactory theory we have.This study is written for advanced students, but as Armstrong goes considerably beyond his earlier work on this topic, it will interest professional scholars as well. Carefully plotted and clearly written, Universals is both a paradigm of exposition and a case study on the value of careful analysis of fundamental issues in philosophy. (shrink)

In this important study D. M. Armstrong offers a comprehensive system of analytical metaphysics that synthesises but also develops his thinking over the last twenty years. Armstrong's analysis, which acknowledges the 'logical atomism' of Russell and Wittgenstein, makes facts the fundamental constituents of the world, examining properties, relations, numbers, classes, possibility and necessity, dispositions, causes and laws. All these, it is argued, find their place and can be understood inside a scheme of states of affairs. This is a comprehensive and (...) rigorously this-worldly account of the most general features of reality, argued from a distinctive philosophical perspective, and it will appeal to a wide readership in analytical philosophy. (shrink)

This is a study of the nature of time. In it, redeploying an argument first presented by McTaggart, the author argues that although time itself is real, tense is not. He accounts for the appearance of the reality of tense - our sense of the passage of time, and the fact that our experience occurs in the present - by showing how time is indispensable as a condition of action. Time itself is further analysed, and Dr Mellor gives answers to (...) most of the metaphysical questions it provokes, concerning the relation of time to space, the dissection of time, and its relation to change and causation. (shrink)

Leading philosopher of religion D. Z. Phillips argues that intellectuals need not see their task as being for or against religion, but as one of understanding it. What stands in the way of this task are certain methodological assumptions about what enquiry into religion must be. Beginning with Bernard Williams on Greek gods, Phillips goes on to examine these assumptions in the work of Hume, Feuerbach, Marx, Frazer, Tylor, Marett, Freud, Durkheim, Le;vy-Bruhl, Berger and Winch. The result exposes confusion, but (...) also gives logical space to religious belief without advocating personal acceptance of that belief, and shows how the academic study of religion may return to the contemplative task of doing conceptual justice to the world. Religion and the Hermeneutics of Contemplation extends in important ways D. Z. Phillips' seminal 1976 book Religion Without Explanation. It will be of interest to scholars and students of philosophy, anthropology, sociology and theology. (shrink)

Without denying the contradictory character of Marx s thought, the French philosopher Daniel Bensaid sets out to demonstrate that it was not a philosophy of the ...

Complete works of Maṇḍanamiśra, Indian philosopher; includes study on his work also.

This is a collection of twenty-five papers and reviews by the leading analytic philosopher of our time. It adds to the papers on metaphysics and epistemology to be found in his previous two-volume collection published by Oxford University Press. One previously unpublished paper—“Why Conditionalize?”—is included. Australasian philosophers may note with some pride that eleven of the pieces were first published in the Australasian Journal of Philosophy.

In identifying that the 'essential tension' is the balance between conservative and innovative approaches in the development of knowledge - tried-and tested or new directions - Kuhn pointed out that these two attitudes are both appropriate. This study adds to this picture the social and psychological dynamics that underpin any such balancing.

On Zakī Najīb Maḥmūd ; Egyptian philosopher and thinker.

Classical treatise on Advaita Ontology; critical edition with commentary and supercommentaries.