Modern social and political thought has approached the questions of politics, law, and citizenship from the vantage point of a fundamental divide between the occidental and oriental, or archaic and modern, institutions. This article creates a concept, the gift of law, by staging two gift-giving practices as two historical moments: Greek euergetism and Ottoman waqf. While it is indebted to Mauss, our articulation of the gift of law also owes to the critical interventions of Jacques Derrida and Pierre Bourdieu, (...) who emphasized non-voluntaristic and non-calculative aspects of the gift. We argue that both euergetism and the waqf enabled and substantiated legal subjectivities that allocated rights and obligations. Those gift-giving practices establish relationships between various groups and legal authorities that were crucial in the formation of cities as spaces of government, for both citizens and non-citizens alike. With the concept ‘gift of law’, categories ‘oriental’ and ‘occidental’ become problematic. (shrink)

The requirement that animals be used in research and testing in order to protect humans was formalized in the Nuremberg Code and subsequent national and international laws, codes, and declarations. We review the history of these requirements and contrast what was known via science about animal models then with what is known now. We further analyze the predictive value of animal models when used as test subjects for human response to drugs and disease. We explore the use of animals for (...) models in toxicity testing as an example of the problem with using animal models. We conclude that the requirements for animal testing found in the Nuremberg Code were based on scientifically outdated principles, compromised by people with a vested interest in animal experimentation, serve no useful function, increase the cost of drug development, and prevent otherwise safe and efficacious drugs and therapies from being implemented. (shrink)

The current use of animals to test for potential teratogenic effects of drugs and other chemicals dates back to the thalidomide disaster of the late 1950s and early 1960s. Controversy surrounds the following questions: 1. What was known about placental transfer of drugs when thalidomide was developed? 2. Was thalidomide tested on animals for teratogenicity prior to its release? 3. Would more animal testing have prevented the thalidomide disaster? 4. What lessons should be learned from the thalidomide disaster regarding animal (...) testing for teratogenicity? We review the literature in order to address these questions. (shrink)

The presence of slavery in the Laws has puzzled and distressed many of Plato's admirers. However, before passing judgment on Plato's attitude toward slavery, we must first have a clear idea of the legal status of the slave under Plato's law, and compare it with the slave's position under Greek law of Plato's day. This work sets out to do just that, as well as to provide a good account of Greek law, much of which has been lost (...) over the course of history. (shrink)

La recherche récente a régulièrement remis en cause la catégorie moderne de « lois sacrées » désignant des inscriptions grecques qui forment un ensemble mal défini. Cet article entend dépasser le corpus traditionnel des « lois sacrées » en présentant un projet de recueil alternatif de « Normes rituelles grecques » (CGRN pour l’acronyme anglais), qui s’appuie sur des critères plus sélectifs et sera publié en ligne.

In 1824 Eduard Gans, in the course of a study of inheritance law, had occasion to deal with the class of women known in Athens as epikleroi—daughters of a deceased man who, in the absence of sons, were married to their nearest relative, with the estate of the deceased passing to the son or sons of the new union. ‘For these,’ he wrote, ‘… the basic concept throughout is not that, in the absence of descendants, they themselves appear as inheritors, (...) but rather that they are inherited along with the property by the collaterals.’. (shrink)

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The (...) theoretical part, consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes, accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics and an epilogue on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes. (shrink)

The rule of law and the law of nature -- The rule of law in Athenian democracy and Plato's Laws -- Protagoras on democracy and the rule of law -- Sophistic criticisms of the rule of law -- What make a law good? -- Plato's Socrates and the law codes of Athens -- The role of law in the classification of democratic constitutions in Aristotle, Pol. IV.

This edition of early Greek writings on social and political issues includes works by more than thirty authors. There is a particular emphasis on the sophists, with the inclusion of all of their significant surviving texts, and the works of Alcidamas, Antisthenes and the 'Old Oligarch' are also represented. In addition there are excerpts from early poets such as Homer, Hesiod and Solon, the three great tragedians Aeschylus, Sophocles and Euripides, the historians Herodotus and Thucydides, medical writers and presocratic (...) philosophers. Besides political theory, areas represented include early anthropology, sociology, ethics and rhetoric, and the wide range of issues discussed includes human nature, the origin of human society, the origin of law, the nature of justice, the forms of good government, the distribution of wealth, and the distribution of power among genders and social classes. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced (...) a revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from (...) its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally. (shrink)

This book charts the development and character of the political forms that grew out of the age of Greek immigration into the Aegean, and establishes the forms which in the course of history were decisive. It also examines the impact which the various forms of state exerted on Greek civilization and in so doing strengthens the bridge between political history and the history of civilization. This volume encompasses many disciplines: political, social history, and religious history, law, administration and (...) geography. (shrink)

The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines natural law (...) as the law of the strongest, which can be observed to hold among all members of the animal kingdom. The second conception presents natural law as the principle of self-preservation, inherent as an instinct in all living beings. The third approach, also developed in antiquity, shifts the focus to our rationality and develops the idea of natural law as the law of reason within us. Some Christian thinkers who consider the origin of reason in us to be divine, identify the law of reason inherent in us with God's will. This paper gives a brief exposition of the development of these three concepts of natural law in philosophy, with emphasis on the intertwining of these three concepts, which we, however, understand as primarily and essentially independent. The paper concludes with an overview of twentieth-century authors who exclusively focus on only one of the three concepts. The aim of this article is to argue against these one-sided interpretations and to uphold the independence and distinctness of the three historical conceptions of natural law. (shrink)

This book examines the philosophies of nature of the early Greek thinkers and argues that a significant and thoroughgoing shift is required in our understanding of them. In contrast with the natural world of the earliest Greek literature, often the result of arbitrary divine causation, in the work of early Ionian philosophers we see the idea of a cosmos: ordered worlds where there is complete regularity. How was this order generated and maintained and what underpinned those regularities? What (...) analogies or models were used for the order of the cosmos? What did they think about causation and explanatory structure? How did they frame natural laws? Andrew Gregory draws on recent work on mechanistic philosophy and its history, on the historiography of the relation of science to art, religion and magic, and on the fragments and doxography of the early Greek thinkers to argue that there has been a tendency to overestimate the extent to which these early Greek philosophies of nature can be described as 'mechanistic'. We have underestimated how far they were committed to other modes of explanation and ontologies, and we have underestimated, underappreciated and indeed underexplored how plausible and good these philosophies would have been in context. (shrink)

This is a concise and easy-to-read account of the ethical philosophy of the Greeks, from the Sophists to the Stoics. With particular emphasis on Socrates, Plato, and Aristotle, the author skillfully traces the themes of law and nature, virtue, knowledge and happiness, and love and friendship, giving a comprehensive account of the meanings the Greeks attached to expressions such as "justice", "voluntary action", "virtue", and "good".

"Gagarin demonstrates persuasively that Antiphon the logographer is identical with the Antiphon who made intellectual contributions on more abstract topics." —Mervin R. Dilts, Professor of Classics, New York University Antiphon was a fifth-century Athenian intellectual (ca. 480-411 BCE) who created the profession of speechwriting while serving as an influential and highly sought-out adviser to litigants in the Athenian courts. Three of his speeches are preserved, together with three sets of Tetralogies (four hypothetical paired speeches), whose authenticity is sometimes doubted. Fragments (...) also survive of intellectual treatises on subjects including justice, law, and nature (physis), which are often attributed to a separate Antiphon the Sophist. Were these two Antiphons really one and the same individual, endowed with a wide-ranging mind ready to tackle most of the diverse intellectual interests of his day? Through an analysis of all these writings, this book convincingly argues that they were composed by a single individual, Antiphon the Athenian. Michael Gagarin sets close readings of individual works within a wider discussion of the fifth-century Athenian intellectual climate and the philosophical ferment known as the sophistic movement. This enables him to demonstrate the overall coherence of Antiphon's interests and writings and to show how he was a pivotal figure between the sophists and the Attic orators of the fourth century. In addition, Gagarin's argument allows us to reassess the work of the sophists as a whole, so that they can now be seen as primarily interested in logos (speech, argument) and as precursors of fourth-century rhetoric, rather than in their usual role as foils for Plato. (shrink)

They used to believe that mankind began in 4004 B.C. and the Greeks in 776. We now know that these last five thousand years during which man has left written record of himself are but a minute fraction of the time he has spent developing his culture. We now understand that the evolution of human society, its laws and customs, its economics, its religious practices, its games, its languages, is a very slow process, to be measured in millennia. In the (...) case of Greek religious usage it is now appreciated that it has its roots not in Mycenaean but in Palaeolithic times. As for Greek poetry, comparative studies have shown that it goes back by a continuous tradition to Indo-European poetry. (shrink)

This book studies the influence of Hellenism and Greco-Roman philosophy on Philo of Alexandria's view of the Mosaic law.