An important part of the legal domain has to do with rule-governed conduct, and is expressed by the use of notions such as norm, obligation, duty, and right. These require us to acknowledge the normative dimension of law. Normativity is, accordingly, to be regarded as a central feature of law lying at the heart of any comprehensive legal-theoretical project. The essays collected in this book are meant to further our understanding of the normativity of law. More specifically, the book stages (...) a thorough discussion of legal normativity as approached from three strands of legal thought that are particularly influential and which play a key role in shaping debates on the normative dimension of law: the theory of planning agency, legal conventionalism and the constitutivist approach. While the essays presented here do not aspire to give an exhaustive picture of these debates--an aspiration that would be, by its very nature, unrealistic--they do provide the reader with some authoritative statements of some widely discussed families of views of legal normativity. In pursuing this objective, these essays also encourage a dialogue between different traditions of study of legal normativity, stimulating those who would not otherwise look outside their tradition of thought to engage with new ideas and, ultimately, to arrive at a more comprehensive account of the normativity of law.--Provided by publisher. (shrink)

In this book, S. A. Lloyd provides a radical interpretation of Hobbes' laws of nature, revealing them to be not egoistic precepts of personal prudence but rather moral instructions for obtaining the common good. This account of Hobbes' moral philosophy stands in contrast to both divine command and rational choice interpretations. Drawing from the core notion of reciprocity, Lloyd explains Hobbes' system of 'cases in the law of nature' and situates Hobbes' moral philosophy in the broader context (...) of his political philosophy and views on religion. Offering ingenious new arguments, Lloyd defends a reciprocity interpretation of the laws of nature through which humanity's common good is secured. (shrink)

This is a collection of Canadian legal decisions, mostly from the highest court of the land, that raise and respond to central issues in political and legal philosophy and social ethics. All the issues raised by these cases are current and controversial. They include: the scope of judicial review and legitimate powers of the courts; separation of powers; the nature and scope of rights of speech, association, Aboriginal rights, and legal protections in criminal prosecution; equality and its pursuit (...) in a free and democratic society; autonomy and its protection; the nature of legal responsibility in criminal and tort law; and legitimate punishment. This edition takes into account the many changes that have occurred in our court's interpretation of the Charter of Rights and Freedoms. Twelve new cases have been added, as has a new section on "Group Self-Determination" that takes into account important changes in Aboriginal rights. Many of the cases from the previous edition have been re-edited and slightly expanded, with "follow up" cases included to reflect how they are now interpreted. (shrink)

In this article we present a dissertation on the limits of law and morality, a topic of supreme importance for the Philosophy of Law and the real cape horn or the storms of Science and Legal Philosophy, where so many systems, when trying to overcome it and perhaps save the previous ones, have been shipwrecked. Our aim is to expose the historical development of this relationship from ancient, medieval and modern age, to give an account of how (...) the Krausist legal philosophy was interwoven in this context and how it has given answers that have left interesting results of great validity in the field of legal philosophy. Finally, we expose some of the topics that the philosophy of law opened to the juridical discussions of its time, and which were enormously original and precursors of what still is being debated today in the areas of Philosophy of Law and Political Philosophy. (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)

My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of (...) Kantian philosophy to the development of interesting theories on the logic of legal reasoning. (shrink)

This paper argues for the contemporary significance of the ‘Critique of Violence’ by proposing a Benjaminian reading of two important analyses of the relationship between history, politics and the Rights of Man: Hegel’s account of the French Revolution and the concept of dissensus proposed by Jacques Rancière. For both Hegel and Rancière, the gap between right and reality – between the ideal of equality, for example, and the existence of concrete inequality – does not warrant a rejection of the Rights (...) of Man. Rather, the gap is a constitutive condition of law and political rights. From the perspective of Benjamin’s ‘Critique of Violence’, however, these analyses serve to perpetuate a bourgeois legality, one that both Hegel and Rancière acknowledge can never be realized due to the constitutive discrepancy between right and reality. In preserving the promise of legal equality, these analyses preclude the possibility of a suspension or ‘absolution’ from law. This suspension of law is a task that Benjamin identified with the proletarian general strike, a strategy whose pure violence is supposed to secure what Benjamin described, enigmatically, as a ‘wholly transformed work’. Remarkably, however, the relationship between the suspension of law in a general strike and a total transformation of labour is never clearly defined in the ‘Critique’. This paper will develop an account of this relationship by pursuing the references to Marx’s critical theory of capitalism in Benjamin’s writings. (shrink)

The arrow of time is a familiar phenomenon we all know from our experience: we remember the past but not the future and control the future but not the past. However, it takes an effort to keep records of the past, and to affect the future. For example, it would take an immense effort to unmix coffee and milk, although we easily mix them. Such time directed phenomena are sub- sumed under the Second Law of Thermodynamics. This law characterizes (...) our experience of the arrow of time in terms of an increase of a theoretical magnitude called entropy. Statistical mechan- ics tries to explain the Second Law as an effect of the behavior of the microscopic particles that make up the universe. Since our senses are too coarse to see this microstructure, statistical mechanics describes our experience in terms of probability, or in terms of the partial information we have about the particles. In this paper we explain the workings of statistical mechanics; how it accounts for probability as an objective feature of the world based on the underlying dynamics; how it accounts for our memories of the past; how the statistical mechanical probability under- writes the Second Law; and how, at the same time, it leads to a violation of the Second Law by the so-called Maxwell’s Demon. (shrink)

The paper offers a reconstruction of the development of Karl Marx’s thought in 1842 – 1844 proceeding from the philosophy of law and social philosophy to political economy and its critique. It puts forward a new interpretation of the categories “bürgerliche Gesellschaft“, “alienation“ and “alienated labor“. This interpretation shows that the development of Marx’s thought did not proceed from „philosophy“ to “political economy“ or from “humanism“ to “scientism“, but from an “external“ to an (...) “internal“ critique of political economy. (shrink)

This book combines philosophical, intellectual-historical and political-theoretical methodologies to provide a new synoptic reading of the history of German political philosophy. Incorporating chapters on the political ideas of Luther and Zwingli, on the politics of the early Enlightenment, on Idealism, on Historicism and Lukács, on early Twentieth-Century political theology, on the Frankfurt School, and on Habermas and Luhmann, the book sets out both a broad and a detailed discussion of German political reflection from the Reformation to the present. (...) In doing so, it explains how the development of German political philosophy is marked by a continual concern with certain unresolved and recurrent problems. It claims that all the major positions address questions relating to the origin of law, that all seek to account for the relation between legal validity and metaphysical and theological superstructures, and that all are centred on the attempt to conceptualise and reconstruct the character of the legal subject. (shrink)

Thomas Hobbes was the first great philosopher to write in English. His account of the human condition, first developed in The Elements of Law, which comprises Human Nature and De Corpore Politico, is a direct product of the intellectual and political strife of the seventeenth century. It is also a remarkably penetrating look at human nature, and a permanently relevant analysis of the fears and self-seeking that result in the war of `each against every man'. In The Elements of Law (...) Hobbes memorably sets out both the main lines of his general philosophy, later augmented in De Corpore, and the moral and political philosophy later made famous in Leviathan. Copies of Human Nature and De Corpore Politico, until 1889 printed as separate works, are rare antiques or scarcely less rare scholarly texts; this is the first complete popular edition. It is here supplemented by chapters from De Corpore and Three Lives, two from Hobbes's original Latin. These have never before been published together in English. (shrink)

Deconstruction both by its friends and enemies has come to be associated with a set of cliches that completely misunderstands its ethical aspiration. It is particularly within the field of law that we can see the ethical force of deconstruction, and also illuminate its concrete and practical importance. In The Philosophy of the Limit Drucilla Cornell examines the relationship of deconstruction to questions of ethics, justice and legal interpretation. She argues that renaming deconstruction "the philosophy of the limit" (...) will allow us to be more precise about what deconstruction actually is philosophically and hence to articulate more clearly its significance for law. Cornell explores the ethical and juridical significance of the so-called postmodern rebellion against metaphysics. A shared ethical rebellion links philosophers as different as Theodor Adorno, Jacques Derrida, Jacques Lacan, and Emmanuel Levinas. Together they present a new ethical configuration, new in its difference from both the critical social theory of J$u$urgen Habermas and the analytic jurisprudence of Nagel and Rawls. A key aspect of this newness is the centrality given to the relationship between questions of ethics and sexual difference. Cornell argues that the appeal of Lacan's analysis to feminists is that it helps to explain the profound hold the gender hierarchy has over Western culture, including its theories of political transformation. Under a Lacanian analysis the law of gender identity will be replicated in the laws of an existing legal system. This means that we cannot hope to sustain legal reforms unless the gender hierarchy is challenged. Cornell examines Derrida's position on the significance of the gender hierarchy in philosophy and explores its ethical and political importance. Derrida's intervention against legal positivism has important implications for the legal reforms necessary to protect marginalized groups. His emphasis on the limit, she argues, is crucial to thosewhose well-being and very lives may depend on legal transformation, women and homosexuals, for example. In an important contribution to legal philosophy, Cornell explores the affinities of Derrida's writings with recent liberal analytic jurisprudence. She also explores the differences. Comparing Rawls's and Derrida's accounts of justice, she argues that Derrida gives greater attention to the necessary utopian moment in his insistence on maintaining the divide between law, established norms, and justice. Cornell's focus on the importance of the limit and the centrality of the gender hierarchy allows her to offer a view of jurisprudence different from both critical social theory and analytic jurisprudence. As we watch the long-fought-for civil rights of women systematically overturned, we have reason to think about how the connections she makes shed light on an underlying truth of our social, political, and legal reality. (shrink)

This text aims at pointing out some of the philosophy of law present in the works of the Hellenist philosopher and physician Sextus Empiricus (ΣΕΞΤΟϒ ΕΜΠΕΙΡΙΚΟϒ), and supports two main theses: the first, based on an epistemological point of view, presupposes that exact knowledge of the world — that is, an entirely adequate relationship between the mind of each human being and the events around — is not possible, which insurmountably renders all perception relative. The second thesis, from (...) an axiological point of view, postulates that Skepticism does not necessarily imply disregarding concepts of justice or abandoning any ethical parameters, but functions as an immunizing element against intolerance and dogmatism. (shrink)

Much has been written about the value of law, mostly in ideational terms. In this article, I draw attention to law’s pecuniary value. Law, I argue, is the very stuff from which many wealth generating, or capital, assets are made, foremost among them intangible assets that account for most of the private wealth today. For law to serve as a fountain of wealth, it must be backed by state power, and indeed, sovereign states have been more than willing to (...) offer a helping hand. They have found intellectual support in neoclassical economics and in its off-spring, law and economics, theoretical approaches that have sought to ground law in the scientific analysis of the economy, in efficiency rather than in justice. In doing so, they have averted their eyes from the fact that the most critical source for wealth, that is law, is itself of the state and should be subject to social norms enshrined in our constitutions, not abstract welfarism. (shrink)

This paper examines the significance and originality of Hobbes’s use of ‘mind’, rather than ‘soul’, in his writings on human nature. To this end, his terminology in the discussion of the ‘faculties of the mind’ in The Elements of Law, Natural and Politic (1640) is considered in the context of English-language accounts of the ‘faculties of the soul’ in three widely-read works from the first half of the seventeenth century: Thomas Wright’s The Passions of the Minde in Generall (...) (1604), Robert Burton’s The Anatomy of Melancholy (1621), and Edward Reynolds’s A Treatise of the Passions and Faculties of the Soule of Man (1640). For Hobbes’s contemporaries, man’s soul conveyed God-like powers to human beings; for Hobbes this is a dangerous idea. Accordingly, he establishes a sharp divide between ‘soul’ and ‘mind’, understanding the two terms to be concerned with two very different things: one with soteriology, the other with mental abilities. Like his contemporaries, Hobbes thought that understanding the faculties reveals the way to live a good life. But unlike them, his moral and political philosophy relies on citizens accepting that they are not like God, rather than looking to restore the ‘divine’ within themselves. (shrink)

The border is an area where the rule of law has often found difficulty taking root, existing as law-free zones characterized by largely unbounded legal and administrative discretion. In his important new book, The Rule of Law in the Real World, Paul Gowder deftly combines historical examples, formal models, legal analysis, and philosophical theory to provide a novel and compelling account of the rule of law. In this paper I consider whether the account Gowder offers can provide the tools needed (...) to bring the border under the rule of law. I argue that on Gowder’s account, there are two ways in which we might try to extend the rule of law to the border.The first is to look at concrete connections that current citizens or members of the political community have with non-citizens. Just as the interests of current citizens give them strong reasons to coordinate to establish the rule of law in their own community, so may the interests of current members in connections with nonmembers give them reason to work to extend the rule of law to the border. These interests can include family ties, other forms of personal relationships, offers of employment, intellectual connections, and others. Some of these connections already serve to give greater legal protections, including protections from arbitrary decision-making, to some non-citizens, and the general trend, I argue, can and should be further strengthened The second method for extending the rule of law to the border involves appealing to certain universal norms so as to build a sense of community that stretches beyond borders. While these norms are not as robust or well established as domestic law, and therefore are unlikely to extend all of the protections of the rule of law to all people at the border, they can, I argues, be a basis for working against the worst arbitrary actions by border officials. I conclude by considering the vexed dispute about providing “amnesty” for unauthorized immigrants in the United States and other countries. I argues that Gowder’s account of the amnesty provided to supporters of the oligarchic coups in ancient Athens provides a model for thinking about when and how amnesties for unauthorized migrants can be done without offending the rule of law, thereby making them more palatable to current citizens. (Please download this paper for free from SSRN on the link provided on this page). (shrink)

From the Reformation to the present, German political philosophy has done much to shape the contours of theoretical debate on politics, law, and the conditions of political legitimacy; many of the most decisive and influential theoretical impulses in European political history have originated in Germany. Until now, there has been no thorough history of German political philosophy available in English. This book offers a synoptic account of the main debates in its evolution. Commencing with the formal reception (...) of Roman law and the constitutional reforms in the Holy Roman Empire in the late fifteenth century, German Political Philosophy includes chapters on: · the political ideas of Luther, Zwingli and Melanchthon in the Reformation; · the natural-law theories of the early German Enlightenment; · Kant, Hegel and the age of German idealism; · romanticism and historicism; the Young Hegelians and Karl Marx; · legal positivism and organic theory; · Nietzsche, Weber and early sociology; · neo-Kantianism in the late nineteenth century; · constitutional theory in the Weimar Republic; · the critical theories of the Frankfurt School; · post-1945 sociological functionalism; · Niklas Luhmann's systems theory. At the heart of this book is the claim that, despite - or perhaps because of - the great upheavals and ruptures in the history of state-formation in Germany, there are certain recurrent themes and concerns which persist through these discontinuities to give a distinctive character to German political reflection. This valuable book will be of great interest to political philosophers, intellectual historians, lawyers, and historical sociologists.'. (shrink)

Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.

Thomas Hobbes' timeless account of the human condition, first developed in The Elements of Law (1640), which comprises Human Nature and De Corpore Politico, is a direct product of the intellectual and political strife of the seventeenth century. His analysis of the war between the individual and the group lays out the essential strands of his moral and political philosophy later made famous in Leviathan. This first ever complete paperback edition of Human Nature and De Corpore Politico is also (...) supplemented by chapters from Hobbes' later work De Corpore and "The Three Lives," never before published together in English. (shrink)

`the state of men without civil society is nothing else but a mere war of all against all.' Thomas Hobbes was the first great philosopher to write in English. His account of the human condition, first developed in The Elements of Law, which comprises Human Nature and De Corpore Politico, is a direct product of the intellectural and political strife of the seventeenth century. It is also a remarkably penetrating look at human nature, and a permanently relevant analysis of the (...) fears of self-seeking that result in the war of `each against every man'. In The Elements of Law Hobbes memorably sets out both the main lines of his general philosophy, later augmented in De Corpore, and the moral and political philosophy later made famous in Leviathan. Copies of Human Nature and De Corpore Politico, until 1889 printed as separate works, are rare antiques or scarcely less rare scholarly texts; this is the first complete popular edition. It is here supplemented by chapters from De Corpore and Three Lives, two from Hobbes's original Latin. These have never before been published together in English. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more. (shrink)

Peirce's Scientific Metaphysics is the first book devoted to understanding Charles Sanders Peirce's (1839-1914) metaphysics from the perspective of the scientific questions that motivated his thinking. While offering a detailed account of the scientific ideas and theories essential for understanding Peirce's metaphysical system, this book is written in a manner accessible to the non-specialist.

In pursuing philosophical enquiries in the foundations of physics, I have found myself operating with a concept of explanation which has a quite different logical syntax from the concept which Hempel has explicated. I suspect that the concept of explanation I operate with is not especially idiosyncratic, is not fully captured in the existing philosophical literature, and that it may be the more appropriate concept if we are to consider explanation as the goal of physics. I therefore propose to (...) give here a short account of the structure of this alternative concept of explanation. (shrink)

Background Best interests is a ubiquitous principle in medical policy and practice, informing the treatment of both children and adults. Yet theory underlying the concept of best interests is unclear and rarely articulated. This paper examines bioethical literature for theoretical accounts of best interests to gain a better sense of the meanings and underlying philosophy that structure understandings. Methods A scoping review of was undertaken. Following a literature search, 57 sources were selected and analysed using the thematic method. (...) Results Three themes emerged. The first placed best interests within the structure of wider theory, noting relationships with consequentialism, deontology, prudential value theory, rights and political philosophy. The second mapped a typology of processes of decision-making, among which best interests was ambiguously positioned. It further indicated factors that informed best interests decision-making, primarily preferences, dignity and quality of life. The final theme considered best interests from a relational perspective. Conclusions Characterisation of best interests as strictly paternalist and consequentialist is questionable: while accounts often suggested a consequentialist basis for best interests, arguments appeared philosophically weak. Deontological accounts, found in law and Kantianism, and theories of political liberalism influenced accounts of best interests, with accounts often associating best interests with negative patient preferences (i.e. individual refusals). There was much more emphasis on negative interests than positive interests. Besides preference, factors like dignity and quality of life were held to inform best interests decisions, but generally were weakly defined. To the extent that preferences were unable to inform decision making, decisions were either made by proxy authority or by an intersubjective process of diffuse authority. Differing approaches reflect bifurcations in liberal philosophy between new liberalism and neo-liberalism. Although neither account of authority appears dominant, bias to negative interests suggests that bioethical debate tends to reflect the widespread ascendancy of neo-liberalism. This attitude was underscored by the way relational accounts converged on private familial authority. The visible connections to theory suggest that best interests is underpinned by socio-political trends that may set up frictions with practice. How practice negotiates these frictions remains a key question. (shrink)

The moral heart of normative law and economics is efficiency, especially dynamic efficiency that takes incentive effects into account. In the economic theory, justificatory argument is inherently at the institutional- or rule-level, not an the individual- or case-level. InMarkets, Morals, and the Law Jules Coleman argues against the efficiency theory on normative grounds. Although he strongly asserts the need to view law institutionally, he frequently grounds his criticisms of law and economics in arguments from little more than direct moral (...) intuition about individual cases. He evidently holds that consent provides a better normative basis for law than does efficiency and he uses consent arguments to attack recommendations from scholars in law and economics. His own chief contribution, however, is to law and economics rather than to any alternative theory. (shrink)

Thomas Hobbes based his natural philosophy on definitions and general principles of matter in motion, which he refrained from calling “laws of nature.” Across the channel, René Descartes had presented his own account of matter in motion in such a way that laws of nature play a central causal-explanatory role. Despite some notable differences in the two systems of natural philosophy, the content of the three Cartesian laws of nature is shared by Hobbesian principles of motion. Why (...) is it the case that Hobbes never ‘transferred’ the concept of law of nature from the sphere of civil society to the realm of nature? What is the status of the Hobbesian principles of motion if they are not laws? Answering these questions is the main aim of this article. It is shown that Hobbes made available an importantly different and genuinely original way to do natural philosophy, which renders it free of metaphysics and eschews the need to ground it in anything other than ‘natural reason’. Briefly put, Hobbes took the category of ‘laws of nature’ to involve commitments that cannot be met in the natural world, unless natural philosophy loses its autonomy from theology and metaphysics. (shrink)

This essay is a response to the important central theme of Michael Green's recent article, Dworkin's Fallacy, or What the Philosophy of Language Can't Teach Us about the Law, 89 Va. L. Rev. 1897 (2003), which considers the relationship between the philosophy of language and the philosophy of law. Green argues forcefully that a number of theorists with quite different viewpoints commonly maintain a connection between the two which turns out to be unfounded. It is accepted that (...) it is wrong to assume such a connection, but it is suggested that Green has failed to recognise the connection that can be established between the two disciplines due to the particular way in which law as a practice uses words. The reasons given by Green for seeking to maintain a distinction between ordinary language practice and the language practice of the law are considered and rejected in part I of the essay. The general conclusion is reached that, irrespective of which position is adopted in the philosophy of law, at the point of judgment the philosophy of law and the philosophy of language are inextricably linked in being concerned to account for the same practice. Part II of the essay considers the basic issues for the philosophy of language addressed in Green's article, which are concerned with the search for the mechanism which links a particular meaning to a word. One reading of Wittgenstein's rule skepticism, supported by Dennis Patterson, is to reject the existence of any mechanism interrupting the direct connection between the capacity we possess in our language practice and the capacity we possess in the practice to which our language refers. Patterson provides another target for Green's allegation that theorists who take a position in the philosophy of law from their position in the philosophy of language are committing a fallacy. However, it is pointed out that within the Patterson-Wittgenstein position, there is no possibility of moving from one position to the other since both positions are already necessarily connected. The remaining discussion in Part II then explores the apparently common connection between law and language established within the practice of judgment and within the general view of the nature of language favoured in Patterson's reading of Wittgenstein. It is argued that Wittgenstein's philosophical method may maintain a connection between law and language, and the positions adopted within their respective philosophies, but is incapable of resolving the controversy between competing views of how law/"law" should be understood. By contrast, the practice of judgment is used precisely to resolve controversy. Although this judgment is concerned primarily with a specific part of the law, its significance extends to how we regard the philosophical endeavours that need to provide an account of it. This provides lessons for both the philosophy of language and the philosophy of law. (shrink)

The article analyzes the impact of modern digital technologies used in the information society on democracy, human rights, and the rule of law in general. Both positive and negative aspects of such impact are considered. The importance of this topic is due to the need for further deepening of scientific knowledge related to the development of the rule of law in the information society and insufficient research from the legal point of view of current theoretical problems of the rule (...) of law in the digital era. The purpose of this article is to study the rule of law as a principle of the modern state of the 21st century and to study the problems in matters of human rights that have arisen with the development of modern digital technologies. The study of this issue is quite relevant, considering the conclusions, made as a result of our work, can be taken into account in further theoretical developments of international and national human rights protection aimed at improving the effectiveness of human rights judicial protection and improving current legislation. (shrink)

This is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil (...) and criminal responsibility, and sovereignty. This new fifth edition adds over two dozen new cases, including new sections on Indigenous issues and international law. A helpful glossary of common legal terms has also been added as an appendix. (shrink)

This paper is a study of the origins of Leo Strauss's thought, arguing that its early development must be understood in the context of the philosophy of religion of late Wilhelmine and Weimar Germany. More specifically, it shows that Strauss's early works were written against the background of Kantian philosophy and post-Kantian accounts of religious experience, and that his turn towards medieval law as a topic and ideal was precipitated by the critique of those accounts by (...) radical Protestant theologians writing in the post-World War I era of crisis. Ironically, then, Strauss's investment in premodern Judaism—and his related rejection of modern philosophy—had important Christian origins. (shrink)

In this paper, it is argued that, contrary to some suggestions in the philosophical literature, dispositions cannot replace laws in the description of the physical world. If for a certain type of physical situation a well-working law-based account is available, then it is not possible to describe that situation equally well in terms of dispositions. Using an example consisting of four laws (Coulomb’s law, Newton’s law of gravitation, the rule for the composition of forces and Newton’s second law), it is (...) shown that when one attempts to replace a law-based account with a disposition-based account, the latter turns out to be either less informative or inferior with respect to theoretical virtues, such as simplicity, unification, non-triviality of predictions and explanatory power. Laws are also better suited to deal with interactions and their screening off. Using inference to the best explanation, one can conclude from this comparison that it is laws rather than dispositions that should be included in our ontological picture of nature. (shrink)

The arrow of time is a familiar phenomenon we all know from our experience: we remember the past but not the future and control the future but not the past. However, it takes an effort to keep records of the past, and to affect the future. For example, it would take an immense effort to unmix coffee and milk, although we easily mix them. Such time directed phenomena are subsumed under the Second Law of Thermodynamics. This law characterizes our (...) experience of the arrow of time in terms of an increase of a theoretical magnitude called entropy. Statistical mechanics tries to explain the Second Law as an effect of the behavior of the microscopic particles that make up the universe. Since our senses are too coarse to see this microstructure, statistical mechanics describes our experience in terms of probability, or in terms of the partial information we have about the particles. In this paper we explain the workings of statistical mechanics; how it accounts for probability as an objective feature of the world based on the underlying dynamics; how it accounts for our memories of the past; how the statistical mechanical probability underwrites the Second Law; and how, at the same time, it leads to a violation of the Second Law by the so‐called Maxwell’s Demon. (shrink)

An examination is made of the dispute between the proponents of rational explanation of actions and of the deductive nomological pattern of explanation. A rapprochement between these two positions is suggested, with the aim of accounting for the normative character of reasons for acting. It is argued that the disputed area is an area of intersection between facts and values, and that far from it being the case that the normative and descriptive components can be separated or isolated, the (...) underlying precepts are to be viewed as both explanatory (descriptive) and normative. The discussion is divided into two general areas: (1) the normative force of reasons for acting; and (2) the normative character of rationality. (shrink)

Introductory courses in political philosophy would benefit from the incorporation of material on the Iroquois Great Law of Peace, including the story of the foundation of the Haudenosaunee Confederacy. Classroom study of this tradition will serve several purposes: introducing a valuable account of political phenomena such as negotiation, consensus, veto, and rational communication; contributing to the diversity of syllabi; tracing the influence of Iroquois law on Western political institutions; and comparing the Haudenosaunee story to early modern social contract (...) theory, especially Hobbes’ Leviathan. This paper draws connections to relevant topics in a standard, historically-oriented course and suggests learning resources and objectives. (shrink)

One of the central debates in legal philosophy is the debate over legal positivism. Roughly, positivists say that law is ultimately grounded in social facts alone, whereas antipositivists say it is ultimately grounded in both social facts and moral facts. In this paper, I argue that philosophers involved in the dispute over legal positivism sometimes employ distinct concepts when they use the term “law” and pick out different things in the world using these concepts. Because of this, what positivists (...) say might well then be true of one thing (e.g., law1) but false of another (e.g., law2). Accepting this thesis does not mean that the philosophers engaged in this dispute are “talking past each other” or engaged in a “merely verbal dispute” that lacks substance. I argue that participants in this dispute are sometimes arguing about what they should mean by the word “law” in the context at hand. This involves putting forward competing proposals about which concept the word “law” should be used to express. This is an issue in what I call “conceptual ethics.” This argument in conceptual ethics can be well worth having, given the connotations that the term “law” plays in many contexts, ranging from legal argument to political philosophy to social-scientific inquiry. Sometimes, I claim, philosophers (and ordinary speakers) engage in such argument tacitly by competing “metalinguistic” usages of the term “law”—usages of the term that express a view (in this case, a normative view) about the meaning of the word itself. In such cases, speakers on different sides of the positivism debate might in fact both speak truly, in terms of the literal (semantic) content of what they both say. Nonetheless, they may disagree in virtue of views in conceptual ethics about “law” that they express through the nonliteral content of what they say. These views in conceptual ethics often reflect further disagreements about issues that are not ultimately about words or concepts. These include foundational ones in ethics and politics about how we should live and what kind of institutions should govern our lives. My metalinguistic account of the dispute over legal positivism better equips us to identify what such issues are and to engage them more fruitfully. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Search for Unity in Diversity: The "Permanent Hegelian Deposit" in the Philosophy of John DeweyFrank X. RyanJames A. Good A Search for Unity in Diversity: The "Permanent Hegelian Deposit" in the Philosophy of John Dewey Lanham, MD: Lexington Books, 2006. xxx + 288 pp.Among the revelations of Dewey's rare moments of autobiographical reflection, none has generated more curiosity and investigative zeal than his 1930 claim (...) to have "drifted" from Hegel in the decade following his move from Michigan to Chicago in 1894. Beginning with Morton White's Origin of Dewey's Instrumentalism (1943), biographers have divided on the question of whether Dewey's later philosophy was more strongly influenced by William James's experimental psychology or F. J. E. Woodbridge's Aristotelian naturalism. Despite their differences, both approaches are essentially empirical and realistic, and thus the majority of sympathetic commentators have agreed that Dewey was a realist, albeit of a decidedly unorthodox stripe. For them the notion that Dewey retained any significant commitment to idealism, given its virtual eradication at the beginning of the twentieth century, would damage his influence and legacy.It has been something of a puzzle, accordingly, that in the same autobiographical essay Dewey alludes to a "permanent Hegelian deposit." For years Richard Rorty has claimed this differentiates a "good" Dewey committed to "social flourishing" from a "bad" Dewey prone to metaphysical dalliance. But the first systematic inquiry into Dewey's enduring Hegelianism is John R. Shook's Dewey's Empirical Theory of Knowledge and Reality (2000). Shook argues convincingly that Dewey never abandoned idealism, but rather transformed it into an experimental naturalism by doing away with both "mind-stuff" and equally noxious "things-in-themselves." In many ways James Good's A Search for Unity in Diversity is a bookend to Shook's project, though Good further differentiates Anglo-American Neo-Hegelianism from Hegel himself. According to Good, Dewey endorsed a Humanistic/Historicist interpretation of Hegel rooted in the reciprocal engagement of individuals and societies, rather than the supernatural and architectonic absolute championed by Neo-Hegelians such as T. H. Green, and F. H. Bradley. With [End Page 216] top-notch scholarship and scrupulous attention to detail, A Search for Unity in Diversity is both an excellent intellectual biography and a penetrating plea for a radical reinterpretation of Dewey's contribution to philosophy. I'll briefly sketch the historical account before addressing the more controversial claims about the "permanent Hegelian deposit."Even readers familiar with the half-dozen book-length treatments of Dewey's development will find this account refreshing and informative. Good's professional credentials as a historian shine as he recreates the rough and bustling Burlington of Dewey's youth. In the 1870s, German idealism was considered the epitome of political liberalism and progressive education, and Dewey's journey toward the "inclusive philosophical idea" of the social began in an environment swirling with the crosscurrents of Kant, Hegel, and Schelling. At the White Street Congregational Church, Lewis Barstow preached a liberal orthodoxy that was essentially "man-building" (102), and Good presents a convincing case for the likelihood that even in boyhood Dewey never viewed God as an aloof law-giver or cosmic architect, but as a process unifying the individual and the social within a natural world of unlimited potential. At the University of Vermont Dewey encountered a struggling rural college transformed into the first bastion of American transcendentalism by James Marsh, who inspired a "Burlington philosophy" that rejected atomistic empiricism for a holistic integrity of knowing and doing, facts and values, and pure and practical reasons (57–59).In noting the influence of the "St. Louis Hegelians" upon Dewey, most biographers have focused on W. T. Harris, the prominent founder of The Journal of Speculative Philosophy who published Dewey's earliest submissions and offered encouragement that led to his pursuit of graduate work at Johns Hopkins. Good augments this familiar tale with fascinating depictions of equally influential yet lesser-known Hegelians such as H. C. Brokmeyer, Denton Snider, and Thomas Davidson. At a time when European Hegelianism was polarized between, on the one hand, reactionary apologists for traditional Christianity and Prussian militarism and, on the other, radical... (shrink)

In this paper, I criticize an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the “naturalization of epistemology.” Quine argued that we should replace certain traditional philosophical inquiries into the justification of our beliefs with empirical psychological inquiry into how we actually form beliefs. In a prominent series of papers and a forthcoming book, Brian (...) Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested parallel. I argue that the parallel does not hold up. I show that, granting Leiter’s substantive assumption that the law is indeterminate, there is no philosophical confusion or overreaching in the legal case that is parallel to the philosophical overreaching of foundationalism in epistemology. Moreover, if we take seriously Leiter’s analogy between, on the one hand, the justification of belief in scientific theories and, on the other, the justification of decisions in legal cases, the result is almost the opposite of what Leiter suggests. The closest parallel in the legal case to Quine’s position would be the rejection of the philosophical positions that lead to the indeterminacy thesis. Finally, the conclusion that law is indeterminate could not establish the bankruptcy of philosophical investigation into the relation between the grounds of law and the content of the law. After all, the argument for that conclusion depends on a philosophical account of the relation between the grounds of law and the content of law. The argument therefore presupposes that that relation is an appropriate subject for philosophical inquiry. (shrink)

There is a common argument form in the metaphysics of natural laws literature: a theory of natural law is attacked by offering a claim L as a law of scientific field F (physics, chemistry, biology, etc.), and from this law metaphysical implications contrary to the theory are drawn. Quite often however, L would not be regarded as a law by a scientist of F. Roberts' "measurability account of laws" offers a new and interesting way to more reliably identify the (...) laws of a field F and to eliminate the L that are not laws of F from the literature. (shrink)

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, (...) democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (shrink)

Legal positivism dominates in the debate between it and natural law, but close attention to the work of Thomas Hobbes -- the "founder" of the positivist tradition -- reveals a version of anti-positivism with the potential to change the contours of that debate. Hobbes's account of law ties law to legitimacy through the legal constraints of the rule of law. Legal order is essential to maintaining the order of civil society; and the institutions of legal order are structured in such (...) a way that government in accordance with the rule of law is intrinsically legitimate. I focus on Hobbes's neglected catalogue of the laws of nature. Only the first group gets much attention. Its function is to facilitate exit from the state of nature, an exit which Hobbes seems to make impossible. The second group sets out the moral psychology of both legislators and subjects necessary to sustain a properly functioning legal order. The third sets out the formal institutional requirements of such an order. The second and third groups show Hobbes not concerned with solving an insoluble problem of exit from the state of nature but with the construction of legitimate order. Because a sovereign is by definition one who governs through law, Hobbes's absolutism is constrained. Government in accordance with the rule of law is government subject to the moral constraints of the institutions of legal order. (shrink)

Recent algorithmic technologies have challenged law’s anthropocentric assumptions. In this article, we develop a set of theoretical tools drawn from new materialisms and the philosophy of information to unravel the complex intra-actions between law and computer code. Accordingly, we first propose a framework for understanding the enmeshing of law and code based on a diffractive reading of Barad’s agential realism and Simondon’s theory of information. We argue that once law and code are understood as material entities that intra-act (...) through in-formation, the concept of transduction allows us to trace how they push each other towards change. After developing the theoretical tools, we deploy them to make sense of how law and code have changed in response to increasing automation of decision-making and the appearance of unexplainable artificial intelligence (AI) code. Thus, we employ a case study to trace transformations of the right to explanation under the European data protection regulations. This provides the backdrop for our account of how law transduces into code (and vice versa) and a proving ground for our framework. (shrink)

Legal positivism dominates in the debate between it and naturallaw, but close attention to the work of Thomas Hobbes – the``founder'' of the positivist tradition – reveals a version ofanti-positivism with the potential to change the contours of thatdebate. Hobbes's account of law ties law to legitimacy throughthe legal constraints of the rule of law. Legal order isessential to maintaining the order of civil society; and theinstitutions of legal order are structured in such a way thatgovernment in accordance with the (...) rule of law is intrinsicallylegitimate.I focus on Hobbes's neglected catalogue of the laws of nature.Only the first group gets much attention. Its function is tofacilitate exit from the state of nature, an exit which Hobbesseems to make impossible. The second group sets out the moralpsychology of both legislators and subjects necessary to sustaina properly functioning legal order. The third sets out the formalinstitutional requirements of such an order. The second and thirdgroups show Hobbes not concerned with solving an insolubleproblem of exit from the state of nature but with theconstruction of legitimate order. Because a sovereign is bydefinition one who governs through law, Hobbes's absolutism isconstrained. Government in accordance with the rule of law isgovernment subject to the moral constraints of the institutionsof legal order. (shrink)

Sharon Lloyd's new book on Hobbes is one of the most significant in the last twenty-five years. She presents an original thesis about the foundation of Hobbes's moral philosophy, namely, that his basic moral principle is what she calls the "reciprocity theorem": "From our common definition of man as rational, Hobbes argues that we won't count a person as rational unless he can formulate and is willing to offer, at least post hoc, what he regards as justifying reasons (...) for his conduct " . Three features of this explanation should be highlighted. The first is that she appreciates the role of definition in Hobbes's scientific moral philosophy; scientific propositions are theorems deduced from definitions. The second is that rationality is an important component of these deductions. The third, and the crucial one for her book, is that moral reasoning is essentially first-person reasoning. More needs to be said about the second and third features. I begin with the third. (shrink)

Exploring issues ranging from the metaphysical to the moral and legal, a team of esteemed contributors bring together some of the most important and cutting-edge findings in experimental philosophy of the self to address longstanding philosophical questions about personal identity, such as: What makes us today the same person as our childhood and future selves? Can certain changes transform us into a different person? Do our everyday moral practices presuppose a false account of who we are? Chapters offer (...) a survey of recent empirical work and foster dialogue between experimental and traditional philosophical approaches to identity, covering the moral self, dual character concepts, true self, transformative experience and the identity conditions collective entities. With novel experiments and thought-provoking applications to practical concerns including law, immigration, bioethics and politics, this collection highlights the value and implications of empirical work on personal identity. (shrink)

This paper develops an account of the metaphysics of fundamental laws I call “the Package Deal Account ” that is a descendent of Lewis’ BSA but differs from it in a number of significant ways. It also rejects some elements of the metaphysics in which Lewis develops his BSA. First, Lewis proposed a metaphysical thesis about fundamental properties he calls “Humean Supervenience” according to which all fundamental properties are instantiated by points or point sized individuals and the only fundamental (...) relations are geometrical spatial and temporal relations between these. While the BSA does not require HS Lewis seems to hope that it is true. In contrast, the PDA is not committed to HS or even to the fundamental arena in which fundamental properties are instantiated possessing geometrical structure and thus is able to accommodate relations and structures found in contemporary physics that apparently conflict with HS. Second, although Lewis’ BSA doesn’t require HS his Humeanism does require that fundamental properties are categorical. In contrast, the PDA allows for the possibility that fundamental properties are individuated in terms of laws and so are not categorical. Third, the PDA expands and develops the criteria for what counts in favor of a candidate system with more attention to the criteria employed by physicists in evaluating proposed theories. Fourth and most importantly, unlike Lewis’ BSA, the PDA does not presuppose metaphysically primitive elite properties/quantities that Lewis calls “perfectly natural” properties/quantities or presuppose a metaphysically preferred language whose terms denote such properties/quantities. It replaces Lewis’ account with an account on which natural properties are not metaphysically prior to the laws but are elements of a package that includes a fundamental arena that plays the role of space-time as well as fundamental laws and properties. By doing so it responds to some epistemological and metaphysical issues that have been raised regarding natural properties and their role in the BSA. In sum, the PDA goes further in explicating the notion of laws in terms of the aims and practices of science especially fundamental physics rather than in terms of prior metaphysics. I begin by reviewing Lewis’ account of perfectly natural properties and his Humean BSA of laws. (shrink)

This book provides the first systematic, book-length defence of natural law ideas in ethics, politics and jurisprudence since John Finnis's influential Natural Law and Natural Rights. Incorporating insights from recent work in ethical, legal and social theory, it presents a robust and original account of the natural law tradition, challenging common perceptions of natural law as a set of timeless standards imposed on humans from above. Natural law, Jonathan Crowe argues, is objective and normative, but nonetheless historically extended, (...) socially embodied and dependent on contingent facts about human nature. It reflects the ongoing human quest to work out how best to live flourishing lives, given the natures we have and the social environments we inhabit. The nature and purpose of law can only be adequately understood within this wider context of value. Timely, wide-ranging and clearly written, this volume will appeal to those working in law, philosophy and religious studies. (shrink)

In this paper I aim to show how Schelling’s use of the law of contradiction and his employment of the concept of the unitary principle to overcome the problem of contradiction entails certain difficulties from the very start. Due to the complexity of The Ages of the World, I will concentrate on just the beginning of this work. This should be sufficient to bring out the problems involved. In the course of my exposition and critique I will put forward (...) an amendment to Schelling’s concept of the unity which, I believe, will render his thought in this text more coherent. As can be ascertained by the title of this paper, my main concern will be with the concept of primal nature in The Ages of the World. I will first of all explain why Schelling entitles this work as The Ages of the World and introduce the term “primal nature.” I do not intend to criticize the reasons for which Schelling decides that any investigation must be grounded in primal nature. For the sake of argument I will merely expound these reasons and then take them as given. (shrink)

Johannes Althusius, a German legal theorist and political thinker in the early 1600s, attempts in his Politica to create a chain of increasingly large communal associations that could constitute a universally applicable political order. He founds this system on a natural law theory of behavioral guidelines. Many elements of his body of work, from its federalist structure to the granting of a right of sovereignty to the people, bear marks of an early connection to modern Western thought meriting further (...) exploration. Upon close inspection, the natural law theory at play in Politica also contains oddities and inconsistencies worthy of note. His Theory of Justice, a work on law and ethics, contains a similar theory with slight yet significant variations at the core level. Ultimately owed to weaknesses in the derivation of duties to self and a lack of evidence for the reasoning of the hierarchy of duties to others in Politica, the Theory of Justice model, though not without its own internal inconsistencies in the moral authority of positive law, is found to present a more philosophically sound model. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"The Fittest Man in the Kingdom":Thomas Reid and the Glasgow Chair of Moral PhilosophyPaul Wood (bio)Paul Wood Paul Wood is at the Department of History, University of Victoria, PO Box 3045, MS 7381, Victoria BC V8W 3P4 Canada. email: [email protected] August 1996Revised January 1997Notes. An earlier version of this paper was delivered at a plenary session of the 23rd International Hume Conference held at the University of Nottingham. For (...) comments and/or references, the author wishes to thank Roger Emerson, Carol Gibson-Wood, Knud Haakonssen, Ian Simpson Ross, Stephen Snobelen, M. A. Stewart, and the anonymous Hume Studies referees. For permission to cite and quote from manuscripts, he is grateful to the Keeper of the Manuscripts of Scotland as well as to the Librarians of Aberdeen University Library, Edinburgh University Library, Glasgow University Archives and Business Records Centre, Glasgow University Library (Department of Special Collections), the Mitchell Library Glasgow, and Dr. Williams' Library.1. Although little information survives regarding Law's teaching, we do know that he discussed Pufendorf in his classes; see Christine Mary King [Shepherd], "Philosophy and Science in the Arts Curriculum of the Scottish Universities in the Seventeenth Century," (Unpublished Ph.D. Dissertation, University of Edinburgh, 1974), 177. Carmichael's edition of Pufendorf first appeared in Glasgow in 1718, and a second edition was published in Edinburgh in 1724 while Hume was still a student there.2. The surviving correspondence between the two men from this period is to be found in The Letters of David Hume, ed. J.Y.T. Greig, 2 vols. (Oxford: Clarendon Press, 1932), I 32-35; 36-40; 45-48 (hereafter abbreviated as HL).3. The first detailed discussion of the 1745 election appeared in the introduction to David Hume, A Letter from a Gentleman to His Friend in Edinburgh, edited by Ernest C. Mossner and John V. Price (Edinburgh: Edinburgh University Press, 1967). This account has recently been challenged in Roger L. Emerson, "The 'Affair' at Edinburgh and the 'Project' at Glasgow: The Politics of Hume's Attempts to become a Professor," in Hume and Hume's Connexions, edited by M. A. Stewart and John P. Wright (Edinburgh: Edinburgh University Press, 1994), 1-22; and M. A. Stewart, The Kirk and the Infidel (Lancaster: Lancaster University Publications Office, 1995). For historically sensitive contextual analysis of Hume's philosophical relations with Hutcheson, see inter alia James Moore, "Hume and Hutcheson," in Stewart and Wright, 23-57, and M. A. Stewart, Warmth in the Cause of Virtue (Edinburgh: Edinburgh University Press, forthcoming).4. In January 1752, "Mr. Smith read an Account of some of Mr. David Hume's Essays on Commerce" to the Society, and Hume was elected a member in 1753; see Notices and Documents Illustrative of the Literary History of Glasgow, During the Greater Part of Last Century, edited by W. J. Duncan (Glasgow: T. D. Morison, 1886), 132-133. Hume's failed candidacy is discussed in Emerson, "The 'Affair' at Edinburgh," 14-16, and Ian Simpson Ross, The Life of Adam Smith (Oxford: Clarendon Press, 1995), 112-113. Smith's Glasgow colleague from 1751 to 1755, William Cullen, was also sympathetic to Hume's philosophy, as was John Millar, who was elected Professor of Law in 1761. On Cullen and Hume see J.R.R. Christie, "Ether and the Science of Chemistry: 1740-1790," in Conceptions of Ether: Studies in the History of Ether Theories 1740-1900, edited by G. N. Cantor and M.J.S. Hodge (Cambridge: Cambridge University Press, 1981), 90-96.5. David Hume to William Strahan, 26 October 1775, HL II 301.6. See, for example, The Works of Thomas Reid, D.D., edited by Sir William Hamilton, 4th ed. (Edinburgh: Maclachlan and Stewart, 1854), 30n; James McCosh, The Scottish Philosophy, Biographical, Expository, Critical, from Hutcheson to Hamilton (London: Macmillan, 1875), 36; James Veitch, "Philosophy in the Scottish Universities," Mind 2 (1877): 207-234 (209).7. John Rae, Life of Adam Smith (London and New York: Macmillan, 1895); William Robert Scott, Francis Hutcheson: His Life, Teaching and Position in the History of Philosophy (Cambridge: Cambridge University Press, 1900); idem., Adam Smith as Student and Professor (Glasgow: Jackson... (shrink)