The article focuses on the overlooked volume of Henry Sumner Maine’s corpus, the posthumously published International Law and uses it to respond to the general critical difficulty in establishing Maine’s posture. Maine, of course, makes it difficult with the numerous contrapuntal moves of this book and others. For example, he strongly criticizes the predominant view of international law as an accretionary process of commentary by one theorist following another and yet he places tremendous value on (...) Grotius, “whose works acted on the spirit of belligerency like a charm,” and other early international legal theorists. He sees his contemporary environment as marked by increasing militarization, even of militarization of society during time of peace, while he describes the relative humanity of the present over the distant past.Ultimately, Maine is a realist who focuses on late nineteenth-century manuals of war rather than the idealism of the Anglo-American peace movement, and recognizes the importance of Czar Alexander II over any of nineteenth-century international legal theorists. If J.W. Burrow has identified social evolution as providing Victorians an “intellectual resting-place” between theoretical clarity and social diversity, Maine’s broad social evolution allows him to mediate between the moral amelioration in international life and the practical realities of that life. (shrink)

This paper uses the evolutionary frame provided by the Victorian jurist Henry Sumner Maine to describe the process by which trust can be seen as the product of a gradual development that starts with small-scale communities and later allows market exchanges to develop themselves. I also argue, using the work of Elinor Ostrom (1990), that trust emerges first within small-scale communities, where first- and second-degree collective action problems need to be resolved. The development of a social disposition (...) to trust is closely linked with an institutional context that encourages individuals to take the externalities of their actions into account. This is made possible by customary mechanisms, as the development of social trust at this stage cannot rely on a mighty “Leviathan”. Therefore, this paper questions the claim that social trust is the product of market exchanges. Market exchanges might favor the further growth of social trust, hands in hands with the right institutional frame. However, this growth is not just the transposition of a previously acquired disposition to trust. The work of Henry Sumner Maine interestingly underlines the importance of the co-development of institutions and trust, from its origin in small communities to its expansion to market exchanges. Both Ostrom’s and Maine’s perspectives underline the fact that trust and trustworthiness are complementary and question a-rational perspectives on trust. This paper also elaborates on the claim, coming from the literature on contract law, that focusing on sanctioning mechanisms can be highly counterproductive. (shrink)

In between the time of John Austin and H.L.A. Hart a great legacy, and an accompanying debate, spawned out of the work of Sir ­Henry Maine. While employing a primarily comparative, historical perspective, Maine sought to scrutinize and redefine the way philosophy relates to the social sciences within jurisprudential enquiries. From this perspective, the present paper aims to reclaim and represent Maine’s work as a project in and for the philosophy of law. A project which came (...) to inspire and influence future generations of philosophers, and two subsequent schools of thought, by instigating a forgotten debate around the concept of custom, its relation to the concept law, and the status of customary law. This examination will close with a note, highlighting certain aspects the revival of Maine’s works, as well as the legacy which spawned out of them, can have generally for the philosophy of law and interdisciplinary jurisprudence, as well as more particularly for the philosophy of customary international law. (shrink)

Dans le présent article, nous examinons la façon dont la coutume et le droit coutumier ont été construits par les juristes britanniques durant l’époque colonial en Inde à la fin du xviiie et aux xixe siècles. À travers l’explication de la transmission juridique, nous analysons les arguments théoriques employés par John Austin et Sumner Maine dans leur définition du droit en tant que « commandement du souverain ». Tout en décrivant les tentatives administratives coloniales de codification des droits (...) coutumiers dans le sous-continent indien, nous argumentons que deux voies de pensée ont dominé dans ce processus. D’un côté, la codification était conçue dans la tradition du droit civil au xviiie siècle par la création des « digestes » des traités juridiques hindoues et musulmanes. De l’autre côté, la position dominante au xixe siècle a accentué la codification des pratiques coutumières existantes dérivées des études anthropologiques et des enquêtes réalisées dans les régions conquises par les Britanniques tels que le Pendjab. Quoi qu’il en soit, nous évaluons les aspects épistémologiques intrinsèques au discours colonial, qui ont été soutenus par une conception particulière de la souveraineté prémoderne en Inde. Ces idées du droit coutumier se sont élaborées non seulement à travers la logique du discours colonial mais aussi dans le cadre plus large de la science du droit et de l’autorité politique impliquées dans les débats européens au xixe siècle sur la codification du droit. (shrink)

Victorian Critics of Democracy was first published in 1938. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.

Recent archaeological discoveries show ancient, and particularly Near Eastern society to have been supremely contractual, while Mediterranean society was historically characterized by strong family structures, challenging the 19th century evolutionary Status-to-Contract canon.

I am grateful to John Woods and David Soles for the careful attention they have given to some of the central arguments of Abortion and Moral Theory, though I wish that they had revealed fewer respects in which those arguments were seriously underdeveloped. In what follows I will try to supply some of the needed further development. I address the main points at issue in what I conceive to be their order of ascending importance.

I am grateful to John Woods and David Soles for the careful attention they have given to some of the central arguments of Abortion and Moral Theory, though I wish that they had revealed fewer respects in which those arguments were seriously underdeveloped. In what follows I will try to supply some of the needed further development. I address the main points at issue in what I conceive to be their order of ascending importance.

Henry Morris (1889-1961), the great educational philosopher, and initiator of the integrated community educational centre - embodied in the Cambridgeshire village college system - was county education officer and had his first 'memorandum' on the concept of community education printed by the Cambridge University Press. 1984 is both the 60th anniversary of his first memorandum and the 400th anniversary of the Press and this commemorative book will be published to coincide with a number of events to celebrate that. The (...) book is a collection of his papers, mainly about community education, edited by Professor Harry Re;e, who is closely associated with the Community Education Development Centre in Coventry. (shrink)

In the past fifteen years, Henri Lefebvre's reputation has catapulted into the stratosphere, and he is now considered an equal to some of the greats of European social theory (Bourdieu, Deleuze, Harvey). In particular, his work has revitalized urban studies, geography and planning via concepts like; the social production of space, the right to the city, everyday life, and global urbanization. Lefebvre's massive body of work has generated two main schools of thought: one that is political economic, and another that (...) is more culturally oriented and poststructuralist in tone. Space, Difference, and Everyday Life merges these two schools of thought into a unified Lefebvrian approach to contemporary urban issues and the nature of our spatialized social structures. (shrink)

This volume for the first time brings the scholarly discipline of comparative religious ethics into constructive collaboration with the community of interreligious dialogue. Its design is premised on two important insights. First, interreligious dialogue offers to comparative religious ethics a new, more persuasive rationale, agenda of issues, and practical orientation. Second, comparative religious ethics offers to interreligious dialogue an arsenal of critical tools and methods which will enhance the sophistication of its practical work. In this way, both theory (a dominant (...) concern and strength of comparative religious ethics) and praxis (a dominant concern and strength of interreligious moral dialogue) are joined together in mutual effort, each contributing to the benefit of the other.The volume’s contributors share this vision of collaboration, drawing explicitly from both communities of discourse in a manner that crosses disciplinary and professional boundaries to deal creatively and constructively with important methodological and global moral issue. Although theory and practice cannot easily be separated in such a collaborative project, for the purpose of clarity, the volume is divided into two main parts. The first specifically engages questions of method, theory, and the social role of the public intellectual; the second, on substantive moral themes and issues, many of which were raised at the 1993 Parliament. Taken together, the volume’s essays articulate and illustrate new ways of approaching contemporary moral concerns cross-culturally yet with a rigor appropriate to our complex and pluralistic world. (shrink)

His 1971 masterpiece, A Theory of Justice, permanently changed the landscape of moral political theory, revitalizing the normative study of social issues and ...

Dewey's voluminous writings, spanning decades and reflecting the contrasting national moods of different historical periods, abound with tensions, not to say contradictions. In highlighting and working with a conflict within Dewey's commitments, then, I do not mean to be catching him out or correcting a mistake. The tension on which I focus is one with which he struggled for most of his philosophical career and one that he never satisfactorily resolved, yet it is also one that goes to the heart (...) of what it is to be a pragmatist. It involves the role of final ends in a philosophy that places practical reasoning at the heart of all knowledge. I will argue that while Dewey had powerful philosophical prejudices that prevented him from adequately dealing with this problem himself, a solution is nonetheless forthcoming that maintains, and perhaps even deepens, the main themes of his pragmatism. Setting out this solution will lead me, in the end, to a novel formulation of the pragmatist theory of truth. (shrink)

Cet article présente des notes préparatoires inédites de Michel Henry sur le phénomène érotique. Ces notes sont essentiellement relatives à la préparation des ouvrages « Philosophie et phénoménologie du corps » et « L’essence de la manifestation », mais également et plus tardivement de son livre « Incarnation ». Maine de Biran est au cœur de ce projet, mais Michel Henry lit et commente également ses contemporains, dont Sartre qui est sans doute celui qui reçoit le plus (...) d’attention de sa part. (shrink)

A picture of the world as chiefly one of discrete objects, distributed in space and time, has sometimes seemed compelling. It is however one of the main targets of Henry Laycock's book; for it is seriously incomplete. The picture, he argues, leaves no space for "stuff" like air and water. With discrete objects, we may always ask "how many?," but with stuff the question has to be "how much?" Laycock's fascinating exploration also addresses key logical and linguistic questions about (...) the way we categorize the many and the much. (shrink)

This paper proposes a formal top-level model of explaining the outputs of machine-learning-based decision-making applications and evaluates it experimentally with three data sets. The model draws on AI & law research on argumentation with cases, which models how lawyers draw analogies to past cases and discuss their relevant similarities and differences in terms of relevant factors and dimensions in the problem domain. A case-based approach is natural since the input data of machine-learning applications can be seen as cases. While the (...) approach is motivated by legal decision making, it also applies to other kinds of decision making, such as commercial decisions about loan applications or employee hiring, as long as the outcome is binary and the input conforms to this paper’s factor- or dimension format. The model is top-level in that it can be extended with more refined accounts of similarities and differences between cases. It is shown to overcome several limitations of similar argumentation-based explanation models, which only have binary features and do not represent the tendency of features towards particular outcomes. The results of the experimental evaluation studies indicate that the model may be feasible in practice, but that further development and experimentation is needed to confirm its usefulness as an explanation model. Main challenges here are selecting from a large number of possible explanations, reducing the number of features in the explanations and adding more meaningful information to them. It also remains to be investigated how suitable our approach is for explaining non-linear models. (shrink)

Since its appearance in 1971, John Rawls’ A Theory of justice has attracted much critical attention. Most of this attention has inevitably centred on the two principles of justice for institutions and on their derivation from the original position. This paper will examine a part of the system which has not yet received such close scrutiny — Rawls’ theory of political obligation in general and civil disobedience in particular. My main aim is to understand this theory, since there are crucial (...) respects in which it is undeveloped. But I shall also along the way comment on its possibilities; these comments will for the most part take the form of comparisons with its utilitarian rival.In what follows I shall not confine myself to the material in Rawls’ book, but rather use the appearance of the book as an opportunity to review the development of the theory of political obligation since “Justice as Fairness”. When one surveys the period bounded by that initial paper and by the book, certain patterns form. (shrink)

The philosophy of biomimicry, I argue, consists of four main areas of inquiry. The first, which has already been explored by Freya Mathews, concerns the “deep” question of what Nature ultimately is. The second, third, and fourth areas correspond to the three basic principles of biomimicry as laid out by Janine Benyus. “Nature as model” is the poetic principle of biomimicry, for it tells us how it is that things are to be “brought forth”. “Nature as measure” is the ethical (...) principle of biomimicry, for it tells us that Nature places ethical limits or standards on what it is possible for us to accomplish. And “Nature as mentor” is the epistemological principle of biomimicry, for it affirms that Nature is the ultimate source of truth, wisdom, and freedom from error. Within this overall framework, I argue that seeing Nature as physis—understood as “self-production” or “self-placing-into-the-open”—constitutes the requisite ground for the poetic, ethical, and epistemological principles of biomimicry, and that biomimicry thus conceived involves a new philosophical paradigm, which I call “enlightened naturalism”. (shrink)

The system presented by the author in The Logical Foundations of Statistical Inference suffered from certain technical difficulties, and from a major practical difficulty; it was hard to be sure, in discussing examples and applications, when you had got hold of the right reference class. The present paper, concerned mainly with the characterization of randomness, resolves the technical difficulties and provides a well structured framework for the choice of a reference class. The definition of randomness that leads to this framework (...) is simplified and clarified in a number of respects. It resolves certain puzzles raised by S. Spielman and W. Harper in their contributions to Profiles: Henry E. Kyburg, Jr. and Isaac Levi 1982). (shrink)

This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that (...) the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument. (shrink)

Most people will grant that we bear special moral obligations toward at least some nonhuman animals that we do not bear toward inanimate objects like stones, mountains, or works of art. These moral obligations are plausibly grounded in the fact that many if not all nonhuman animals share important psychological states and capacities with us, such as consciousness, suffering, and goal-directed behavior. But which of these states and capacities are really critical for a creature’s possessing moral status, and how can (...) we determine which animals do in fact have them? In this paper, I examine three main approaches to answering these questions. First are what I term consciousness-based approaches that tackles these questions by first asking which animals are conscious. Second are affective-state approaches that focus on identifying behavioural and physiological signatures of states like pain, fear, and stress. Finally, I consider what I call preference-based approaches whose focus is on the question of which organisms have robust motivational states. I examine the prospects and challenges—both theoretical and empirical—faced by these seemingly contrasting methodologies. I go on to suggest that there are reasons why, despite challenges, we should be robustly committed to the project of identifying psychological grounds of moral status. I conclude by suggesting we should also take seriously the idea of pluralism about moral status, according to which each of these approaches might be capable of providing independent grounds for moral consideration. (shrink)

Si la vie échappe à toute mémoire lors même qu’elle ne nous quitte jamais, c’est qu’une mémoire sans mémoire nous a unis à elle depuis toujours et pour toujours … cette mémoire immémoriale de la vie qui peut seule nous joindre à la Vie, c’est la vie elle-même en son pathos : c’est notre chair. On connaît la dette de Michel Henry vis à vis de Maine de Biran. Loin d’en faire mystère, il a jusqu’à son dernier opus (...) – au-delà donc de Philosophie et phénoménologie du corps – inlassablement redit... (shrink)

A central question for philosophical psychology is which mental faculties form natural kinds. There is hot debate over the kind status of faculties as diverse as consciousness, seeing, concepts, emotions, constancy and the senses. In this paper, I take emotions and concepts as my main focus, and argue that questions over the kind status of these faculties are complicated by the undeservedly overlooked fact that natural kinds are indeterminate in certain ways. I will show that indeterminacy issues have led to (...) an impasse in the debates over emotions and concepts. I first consider and reject one way of resolving this impasse. I then suggest a different method, which places more emphasis on a close analysis of predictive and explanatory practices in psychology. I argue that when we apply this method, a new position emerges: that it is indeterminate whether concepts or emotions are natural kinds. They are neither determinately natural kinds, nor determinately not natural kinds. Along the way, we will see that natural kinds have been put to two completely different theoretical uses, which are often been blurred together, and that they are ill-suited to fulfil one of them. (shrink)