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)

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)

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)

This paper is written in an analytic style, but it is meant to deprive analysis of an important prop. The title needs a short introduction. The mistake is to take ‘real’ as governed in its separate uses by criteria; and this paper is meant to show that this is a mistake and that Ausin makes it. In the course of the argument I try to develop my own account and, although I am not altogether satisfied with it, the result gives (...) something to build upon. I believe the mistake is by no means confined to Austin, but that it is connected with a particular conception of philosophy. (shrink)

We bring out the fact that the essential new quality implied by the quantum theory is nonlocality; i.e., that a system cannot be analyzed into parts whose basic properties do not depend on the state of the whole system. This is done in terms of the causal interpretation of the quantum theory, proposed by one of us (D.B.) in 2952, involving the introduction of the “quantum potential.” We show that this approach implies a new universal type of description, in which (...) the standard or canonical form is always supersystem-system-subsystem; and this leads to the radically new notion of unbroken wholeness of the entire universe. Finally, we discuss some of the implications of extending these notions to the relativity domain, and in so doing, we indicate a novel concept of time, in terms of which relativity and quantum theory may eventually be brought together. (shrink)

Multiple -conclusion logic extends formal logic by allowing arguments to have a set of conclusions instead of a single one, the truth lying somewhere among the conclusions if all the premises are true. The extension opens up interesting possibilities based on the symmetry between premises and conclusions, and can also be used to throw fresh light on the conventional logic and its limitations. This is a sustained study of the subject and is certain to stimulate further research. Part I reworks (...) the fundamental ideas of logic to take account of multiple conclusions, and investigates the connections between multiple - and single - conclusion calculi. Part II draws on graph theory to discuss the form and validity of arguments independently of particular logical systems. Part III contrasts the multiple - and the single - conclusion treatment of one and the same subject, using many-valued logic as the example; and Part IV shows how the methods of 'natural deduction' can be matched by direct proofs using multiple conclusions. (shrink)

Available in paperback for the first time, this landmark volume examines the course of Western philosophy over the past 2,500 years. A Critical History of Western Philosophy focuses on the most significant thinkers and philosophical movements while emphasizing key ideas of permanent interest and relevance. Arranged chronologically from early Greece to the twentieth century, this comprehensive work includes expert histories of all major figures from Socrates and Plato to G.E. Moore and Bertrand Russell, and of every important school from the (...) Epicureans to the Existentialists. (shrink)

D. J. Allan; XV—Aristotle's Criticism of Platonic Doctrine Concerning Goodness and The Good, Proceedings of the Aristotelian Society, Volume 64, Issue 1, 1 June.

Presumably it is common ground that this verb has in addition to the basic sense ‘recognize’ the derivative sense ‘oread’, and that one must judge from the context whether reading to one or more other people, or private reading, is meant. The reading of the text of a law to a jury at an orator's request is marked by the circumstances themselves as public reading; so is the reading of the Athenian decree to the Mitylenaeans in Thucydides. When Theaetetus answers (...) in the affirmative the question whether he has read the book of Protagoras which contains the statement that man is the measure of all things (); or when it is asked ‘Why is it that some people, if they begin to read, are overcome by sleep even against their will, whereas others wishing to be overcome by sleep are kept awake by taking up a book?’ Evidently what is intended is reading in the privacy of one's own room. When Socrates in the Phaedo says that he heard a person reading from Anaxagoras and eagerly took the book home to read , both senses are found within a few pages. (shrink)

Oxford Scholarly Classics brings together a number of great academic works from the archives of Oxford University Press. Reissued in a uniform series design, they will enable libraries, scholars, and students to gain fresh access to some of the finest scholarship of the last century.

Presumably it is common ground that this verb has in addition to the basic sense ‘recognize’ the derivative sense ‘oread’, and that one must judge from the context whether reading to one or more other people, or private reading, is meant. The reading of the text of a law to a jury at an orator's request is marked by the circumstances themselves as public reading; so is the reading of the Athenian decree to the Mitylenaeans in Thucydides. When Theaetetus answers (...) in the affirmative the question whether he has read the book of Protagoras which contains the statement that man is the measure of all things (); or when it is asked ‘Why is it that some people, if they begin to read, are overcome by sleep even against their will, whereas others wishing to be overcome by sleep are kept awake by taking up a book?’ Evidently what is intended is reading in the privacy of one's own room. When Socrates in the Phaedo says that he heard a person reading from Anaxagoras and eagerly took the book home to read, both senses are found within a few pages. (shrink)

The paper examines the structure of the mathematical instrument making trade in London from the mid-sixteenth century to the opening of the Hanoverian era. This analysis of the trade is primarily based on evidence drawn from contemporary advertising. A distinction between informal editorial recommendations and advertising per se is made. It is concluded that up to the mid-seventeenth century mathematical instrument makers worked in either wood or metal. After that date a growing number of workshops advertised that they manufactured in (...) all media. Advertising was aimed at informing professional users from whom particular instruments could be purchased, but not on informing customers in specific terms of the range of instruments manufactured. It is concluded that until the early eighteenth century most mathematical instruments were commissioned. Only towards the end of the period is there evidence of over-the-counter sales, and advertising aimed at encouraging the growing consumer market to buy mathematical instruments for the practice of science as a social or recreational activity. (shrink)