Trust and corporation (extracts) / by F.W. Maitland -- Respublica Christiana -- by J.N. Figgis -- Society and state / by R.M. MacIver -- The discredited state / by E. Barker -- Conflicting social obligations / by G.D.H. Cole -- Community is a process / by M.P. Follett -- The eruption of the group / by E. Barker -- The masses in a representative democracy / by M. Oakeshott -- The atavism of social justice / by F.A. von Hayek -- (...) Collective entities and moral rights / by V. van Dyke -- Capitalism, citizenship and community / by S. Macedo -- Liberalism and the politicization of ethnicity / by W. Kymlicka -- Are there any cultural rights? / by C. Kukathas -- The civil society argument / by M. Walzer. (shrink)

The definition of 'Englishness' has become the subject of considerable debate, and in this important contribution tto Ideas in Context Julia Stapleton looks at the work of one of the most wide-ranging and influential theorists of the English nation, Ernest Barker. The first holder of the Chair of Political Science at Cambridge, Barker wrote prolifically on the history of political thought and contemporary political theory, and his writings are notable for fusing three of the dominant strands of late-nineteenth and early-twentieth (...) century political thought, Whiggism, Idealism and Pluralism. Infused with a strong cultural sense of nationhood, Barker's writings influenced a broad non-academic audience, and their subsequent neglect graphically demonstrates the fate of a certain vision of Liberal England in the generation after World War One. With, however, the erosion of a particular sense of Englishness, Barker's ideas have begun to assume renewed resonance. (shrink)

This article explores the question of what character relations must have before the orthodox law of obligations will describe them as ‘causal’ relations. The article does not purport to identify the metaphysical nature of ‘causation’. Instead it provides a non-reductive account of what is essential before the law has described the relation between a specific factor and the existence of a particular indivisible phenomenon as ‘causal’. Section 1 presents a simple test for this relation—an ‘extended but-for test’—that can be deployed (...) in a straightforward way without engaging with theoretically complex and often problematic accounts of causation based on the notion of sufficient sets, such as Wright’s NESS account. Section 2 demonstrates how important principles relating to the separateness of a legal entity and to legal responsibility can resolve theoretical puzzles and in turn illuminate why the orthodox law of obligations does not choose to describe as ‘causal’ a relation wider than the one identified in this article. (shrink)

Contents: LEGAL THEORY 1. Reflections on law in context / William Twining -- 2. Are omissions less culpable? / Tony Honore -- 3. Scandinavian legal realism in the law of contract / Jan Hellner -- 4. Statutes and contracts as founts of formal reasoning / Robert S. Summers -- 5. Conceptions of public policy / John Bell LEGAL HISTORY 6. Aftermath / Paul D. Carrington -- 7. The role of the judiciary: lessons from the end of empire / Robert Stevens (...) -- 8. The Origins of futures trading in the Liverpool Cotton Market COMMON LAW 9.payment undertakings / Roy Goode -- 10. Pre-contractual duties of disclosure / S.M. Waddams -- 11. Three problems with the new product liability / Jane Stapleton -- 12. Evaluating the goals of personal injury law: some empirical evidence / Donald Harris -- 13. Negligence and economic loss / John Dwyer -- 14. Libel and constitutional free speech / John Fleming -- 15. The basis of tortious liability / Peter Cane. (shrink)

The article begins by examining the beliefs about the English nation which informed the elevation of English law to a central position in the political thought of Dicey's time. Second, it identifies similar cultural ideals in the work of some influential political thinkers in Britain in the twentieth century, particularly Ernest Barker and Michael Oakeshott. In this way the article explores the various sympathies and antipathies which amplified a conception of the political world in England as vitally related to the (...) fabric of English law and only comprehensible through the categories of the latter. (shrink)

Ernest Barker’s contributions to the study of classical political thought have remained a benchmark in that field for much of the twentieth century. This introduction seeks to place his output in historical context, examining the professional, political and personal factors which underpinned his success as an interpreter of Plato and Aristotle, especially. It considers his education, the popular nature of his work, his ambiguous relationship to the establishment, his English-British patriotism, his European connections and perspective, his dual career as a (...) scholar and journalist, and his liberalism as central to the cultural authority he acquired in the first half of the twentieth- century. The introduction emphasises the close relationship between Barker’s ‘national’ status as a classical scholar, the methodological, democratic, and religious sensibilities that informed his work, and the deep sense of public mission by which he was moved, down to his last years. In doing so, it draws together themes which are explored more fully in the special issue as a whole. (shrink)

This article considers some of the late-Victorian and Edwardian influences on the popular historian, Sir Arthur Bryant in the 20th century. It emphasises Bryant's role in strengthening patriotism and English national identity in the unpropitious circumstances of interwar and postwar Britain. The article examines his conservative cast of mind, one he communicated through best-selling histories and prolific journalism. It emphasises his increasing distance from organised Conservatism after the Second World War and the sympathy he attracted in some quarters of the (...) Labour movement at the end of his life, as well as earlier on. However, it concludes that Bryant is a vital link between the late-19th century ‘moment’ of Englishness and its recent revival among Conservative thinkers, publicists and politicians. (shrink)

This is the first critical edition of James Fitzjames Stephen's Liberty, Equality, Fraternity, a systematic attack on J. S. Mill's later social and political thought. It raises significant questions concerning the limits of tolerance, the relationship between liberty and individuality, and between temporal and spiritual power in modern society.