Un ouvrage de Gaston Pineau, intitulé Produire sa vie. Autoformation et autobiographie a mis Bernard Honoré en chemin d'une réflexion sur le double enracinement de la formation en soi-même (autoformation) et hors de soi, par les autres et par l'environnement (hétéroformation). Ce chemin l'a amené à voir dans les histoires de vie un important courant de recherche méthodologique dans la découverte du sens de la formation en ses diverses pratiques. Puisse ce livre amener le lecteur sur une voie réflexive analogue, (...) le conduisant à explorer le sens des pratiques formatives dans lesquelles il est engagé. L'expérience d'une ouverture à la dimension existentielle de la formation par la pratique des histoires de vie, en référence à 1'autoformation, devrait inciter à questionner le sens d'un parcours en formation. (shrink)

1 Responsibility and self-control................................. 1 Michael Smith 2 The capacity to have done otherwise: an agent-centred view 21 Philip Pettit 3 Private law and private narratives.............................. 37 Arthur Ripstein 4 Honoré on responsibility for outcomes........................ 61 Stephen R. Perry 5 Responsibility and fault: a relational and functional approach to responsibility 81 Peter Cane 6 Obligations and outcomes in the law of torts............... 111 John Gardner 7 Unpacking “causation‘....................................... 145 Jane Stapleton 8 Private law: between visionaries and bricoleurs............... 187 William Lucy (...) 9 Appreciations and responses................................. 219 Tony Honoré Index................................................... 241. (shrink)

Pour comprendre l'oeuvre de Teilhard de Chardin, qui aura tant innové, il convient de ne pas s'arrêter à quelques textes. Une lecture ininterrompue de tous les écrits de Teilhard, du début à la fin, s'avère indispensble, souligne B. Honoré, psychiatre et philosophe.

Pour l'auteur, les oeuvres de Heidegger et de Teilhard de Chardin entrent en résonance et font évoluer les modalités de la pensée et de la foi. Il est alors possible de penser et de croire à un humanisme humanisant.

Expressing views not easily placed within any one school of opinion, this collection of the papers of Tony Honore reflects the author's contribution, as both critic and participant in debate, to the study of legal philosophy over the last twenty-five years. His wide-ranging essays cover such topics as motivation to conform to the law, norms and obligations, and rights and justice, and conclude with an essay supporting the use of law to encourage or reinforce morality.

An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.

Can we refer to objects which do not exist? Searle says that we cannot. He postulates an ‘axiom of existence’ such that, if an object does not exist, we cannot refer to it. This ‘axiom of existence’ could be taken simply as a way of defining the notion of ‘reference’; we would not count a reference to a non-existent object as a ‘reference’ in the philosophical sense; or perhaps it might count as a reference but not as a ‘successful’ or (...) ‘consummated’ reference, to use the terminology which Searle sometimes adopts. Whichever way we take Searle's doctrine I wish to argue that it is objectionable. The conceptual scheme he advocates obscures the truth. But I do not deny that there is a temptation to resort to it, and I hope to show that, where lawyers have yielded to the temptation, pernicious doctrines have resulted. (shrink)

If positivism is interpreted as requiring that nothing is law that does not conform to socially accepted criteria, it is inconsistent with positive law. This is because law purports to be morally in order. Hence it is always possible to argue against a certain interpretation of the law that it is morally indefensible and there is always a certain pressure within a legal system to render it morally defensible. In that way critical morality necessarily becomes a persuasive source of law.

The first text of Justinian’s sixth century Digest records that Ulpian, the leading lawyer from Syria and counsellor to successive emperors of the Severan age (AD 193-235), related the term ‘law’ to four elements: art, religion, ethics and philosophy.2 Law is the art of the good and equitable, of which lawyers can well be called priests. They cultivate justice and the knowledge of right and wrong, and aim, unless Ulpian is mistaken, at the true philosophy.3 He goes on to say (...) that private law is collected from three sources: natural law,4 the law common to all communities (ius gentium) and the law specific to each community (civil law).5 Gaius, a generation earlier, listed two sources: the civil law of each community and the ius gentium.6 He recognized, however, the existence of natural law which, so far as performing a ‘natural obligation’ is concerned, cannot be changed by civil law.7 At times he identifies natural law with ius gentium. (shrink)

This article* concerns some texts attributed in the Digest to Paul but which seem really to be texts of Ulpian. The reason for thinking that these texts are wrongly inscribed is mainly the difference in style between the two writers, but also turns in part on the way in which Digest titles were constructed. Moreover differences of style are not ultimately distinct from differences in legal outlook.

Here is an introduction to the intellectual challenges presented by law in the western secular tradition. Treating not just British law, but the whole western tradition of law, Professor Honore guides the reader through eleven topics which straddle various branches of the law, including constitutional and criminal law, property, and contracts. He also explores moral and historical aspects of the law, including a discussion of justice and the difference between civil and common law systems. The law, Honore argues, (...) is mainly concerned with the question of obedience to authority, and establishing the situations in which obedience is required and those in which it may be waived ought to be the central concern of all legal theorists. (shrink)

The human genome contains about 30,000 genes, each creating several transcripts per gene. Transcript structures and expression are studied by high‐throughput transcriptomic techniques using microarrays. Generally, transcripts are not directly operating molecules, but are translated into functional proteins, post‐translationally modified by proteolysis, glycosylation, phosphorylation, etc., sometimes with great functional impact. Proteins need to be analyzed by proteomic techniques, less suited for high‐throughput. Two‐dimensional polyacrylamide gel electrophoresis (2D‐PAGE), separating thousands of proteins has developed slowly over the past quarter of a century. (...) This technique is now quite reproducible and suitable for differential proteomics, comparing normal and diseased cells/tissues revealing differentially regulated proteins. 2D‐PAGE is combined with protein‐identification methods, currently mass spectrometry (MS), which has been significantly improved over the last decade. Other proteomic techniques studying protein–protein interactions are now either established or still being developed, such as peptide or protein arrays, phage display, and the yeast two‐hybrid system. The strengths and weaknesses of these techniques are discussed. BioEssays 26:901–915, 2004. © 2004 Wiley Periodicals, Inc. (shrink)

Although many aspects of the physiological and pathophysiological mechanisms remain unknown, recent advances in our knowledge suggest that the CREC proteins are promising disease biomarkers or targets for therapeutic intervention in a variety of diseases. The CREC family of low affinity, Ca2+‐binding, multiple EF‐hand proteins are encoded by five genes,RCN1,RCN2,RCN3,SDF4, andCALU, resulting in reticulocalbin, ER Ca2+‐binding protein of 55 kDa (ERC‐55), reticulocalbin‐3, Ca2+‐binding protein of 45 kDa (Cab45), and calumenin. Alternative splicing increases the number of gene products. The proteins are (...) localized in the cytosol, in various parts of the secretory pathway, secreted to the extracellular space or localized on the cell surface. The emerging functions appear to be highly diverse. The proteins interact with several different ligands. Rather well‐described functions are attached to calumenin with the inhibition of several proteins in the endoplasmic or sarcoplasmic reticulum membrane, the vitamin K12,3‐epoxide reductase, the γ‐carboxylase, the ryanodine receptor, and the Ca2+‐transporting ATPase. Other functions concern participation in the secretory process, chaperone activity, signal transduction as well as participation in a large variety of disease processes. (shrink)

This is a thoroughly revised edition of the only full-scale work about possibly the most influential lawyer of all time, the Syrian Ulpian. Ulpian wrote a massive survey of Roman law in 213-17 AD and the author argues that his philosophy of freedom and equality make him a pioneer of human rights.