This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedentand of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable (...) re-writing has been undertaken to update case-law and take account of the possibleimplications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent. (shrink)

David Hume (1711–1776) believed a ‘confederacy of authors’, brought together by the notoriously pugnacious William Warburton (1698–1779), were his most consistent and scurrilous critics. Warburton and his ‘School’ were Hume’s bêtes noires and embodied so much of what he fought against. Only there is reason to believe that the ‘Warburtonian School’ was more a useful fiction than a historical reality. The following deep dive into Humeana and the ‘stuff of anecdote’ digs up substantial conclusions about Hume’s philosophical project and context. (...) Any glorifying picture of Hume admirably ignoring sustained ‘Warburtonian’ name-calling is not an accurate description of the early reception of his writings. Hume did respond – at least, occasionally, privately and publicly. Moreover, the ‘Warburtonian School’ does not seem to exist – at least, it did not exist if it is taken to refer to a coherent group of writers, numbering more than two, concerned with attacking Hume. The response to Hume of ‘Warburtonians’ who can be identified was varied, disparate, and often positive. Warburton even came to like Hume’s historical writings. Hume’s claim that such a School existed may have led to the post hoc creation of the School in the minds of late eighteenth- and nineteenth-century commentators. (shrink)

The use of "levels of abstraction" in philosophical analysis (levellism) has recently come under attack. In this paper, we argue that a refined version of epistemological levellism should be retained as a fundamental method, which we call the method of abstraction. After a brief introduction, in section two we make clear the nature and applicability of the (epistemological) method of levels of abstraction. In section three, we show the fruitfulness of the new method by applying it to five case studies: (...) the concept of agenthood, the Turing test, the definition of emergence, quantum observation and decidable observation. In section four, we further characterise and support the method by distinguishing it from three other forms of "levellism": (i) levels of organisation; (ii) levels of explanation and (iii) conceptual schemes. In this context, we also briefly address the problems of relativism and antirealism. In the conclusion, we indicate some of the work that lies ahead, two potential limitations of the method and some results that have already been obtained by applying the method to some long-standing philosophical problems. (shrink)

ABSTRACT The Scottish judge and ‘eccentric’ philosopher James Burnett, Lord Monboddo’s (1714–1799) significance within Enlightenment thought is usually seen as stemming from his Origin and Progress of Language (6 vols., 1773–1792). The OPL was a major contribution to the Enlightenment’s debate over the philosophy of language, and established Monboddo’s reputation as an innovative and influential, yet controversial and credulous proto-anthropologist. In the following I explore Monboddo’s Egyptomania and the role it plays in his account of the origins and development of (...) religion within his larger ‘History of Man’. Monboddo’s idiosyncratic and untimely fusion of conjectural history, Buffon-inspired natural history, Christian theology, Platonic and Aristotelian philosophy and credulous interest in Egyptology, especially in Antient Metaphysics (6 vols., 1779–1799), make him extremely difficult to place within the Scottish Enlightenment. I want to bring Monboddo back into our conversation about the Scottish Enlightenment, shed light in the process on his highly idiosyncratic combination of enlightened and unenlightened thought and, using Monboddo’s example, emphasize some interesting if unexpected aspects of the Scottish Enlightenment’s application of the ‘science of human nature’ to the study of religion. For Monboddo, human civilization and religious knowledge owes their existence to Egyptian daemon-kings. (shrink)

This study examines the leading early nineteenth-century Scottish moral philosopher Dugald Stewart’s discussion of the origin and development of religion. Stewart developed his account in his final work, The Philosophy of the Active and Moral Powers of Man (1828), in an effort to show that the fact that polytheism was the first religion of humankind does not undermine the truth of monotheism. He wrote in response to similar discussions presented in David Hume’s “Natural History of Religion” (1757), which argued for (...) the primacy of polytheism, and Stewart’s old moral philosophy tutor Adam Ferguson’s Principles of Moral and Political Science (1792), which argued for the primacy of monotheism. Stewart accepted the conclusions of the Scots’ enlightened study of religion, which argued for truth of Hume’s account, but aimed to reassert many of the natural theological arguments about the naturalness of religion that the “Natural History” had challenged. Stewart’s discussion acts as a useful way by which we can assess the achievement of the literati’s study of religion. (shrink)

SummaryThis article argues that Archibald Campbell's Necessity of Revelation can be viewed as the first application of the ‘science of human nature’, a characteristic branch of the Scottish Enlightenment, to the study of religious belief. Adopting Baconian and Newtonian methodological principles, Campbell set hypotheses, collected historical data, and inferred conclusions about the capabilities of human nature to come to fundamental religious ideas without the aid of revelation. He did so not only to reject the ‘deist’ position on the powers of (...) unassisted human reason, associated with Matthew Tindal's Christianity as Old as the Creation, but also to refute Campbell's conservative critics within the Church of Scotland who had earlier tried him for heresy. Campbell's example is that of a university professor using the experimental study of religion to defeat both radical freethinking and Calvinist orthodoxy. His work is another instance of the complicated relationship between science and religion within eighteenth-century Scotland. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 249 Girolamo Balduino: Ricerche sulla logica della Scuola di Padova nel Rinascimento. By Giovanni Papuli. (Bark Lacerta, Universith di Bari, Pubblicazioni dell'lstituto di filosofia, 12, 1967. Pp. 313. no price.) The philosophers at the University of Padua during the late Middle Ages and Renaissance arc attracting much renewed interest. This study makes accessible again the logical philosophy of Girolamo Balduino, professor at Padua during the second quarter (...) of the sixteenth century. Like other thinkers of his period, 13alduino follows the logic of Aristotle, and looks for progress within the ancient and mediaeval tradition, not for radically new doctrines. He continues the traditional interpretation of Aristotle by Averroes, for whom logic is only an instrumental habitus, a tool or method of demonstration. About the final contribution of the school of Padua to the improvement of Aristotelian logic was the doctrine of regressive demonstration, where demonstration terminates in or discloses the definition. Zabarella's well-known teaching on this point seems to be derived entirely from Balduino. Contrary to the interpretation of Cassirer, followed by Randall, this regressive demonstration is not a universal method of inquiry and is not at all like, and not the historical source of, the new method of Galileo. Papuli's book is solidly based on the original Latin texts, in notes, which are of great value in view of the fact that Balduino's works have been out of print since 1573. Not all of Papuli's interpretations are beyond criticism (e.g., p. 296), but he has done a service in enabling us to reestablish contact with one of the last significant commentators on Aristotle's logic. PAUL J. W. MILLER University of Colorado Documents sur la vie de Jules-Cdsar Vanini de Taurisano. By Emile Namer. (Bari: Adriatica Editrice, n.d.=Univcrsith degli Studi di Bari, Pubblicazioni delFIstituto di Filosofia, II serie, Testi e Documenti, I. Pp. 196+22 facsimile illustrations) Giulio Cesare Vanini (1585-1619) ranks with Giordano Bruno as a modern hero of freedom of philosophical expression. He was tortured and then burned at the stake in Toulouse at the age of thirty-four, because of the unorthodoxy of his views. For this reason, he has drawn more attention than is perhaps deserved on the basis of his rather mediocre writings, which are little more than a tissue of plagiarisms culled from Pomponazzi, Cardano, J. C. Scaliger, and others. In this volume, Emile Namer has collected the scattered documents dealing with Vanini's life and activities. This is a valuable service, for it should enable scholars to disentangle fact from fiction and reality from myth. There has been so much heated discussion regarding Vanini that it is now time that someone should attempt to establish the precise facts and to reevaluate Vanini's place in intellectual history. In the past, writings about him have been governed more often by emotion than by reason. Namer prints documents from Naples, London, Paris, Simancas, and Toulouse. Some of these have been printed before in various journal articles, but it is valuable to have them all together in a single volume. In addition, he prints relevant excerpts concerning--as one of them put it--le douzi~me apostre de Satan, including material from Mersenne, Garasse, and others. He also includes a series of facsimiles of sample pages from the documents which he prints. All in all Namer's work is competently 250 HISTORY OF PHILOSOPHY done, though perhaps a bit more annotation to put the documents in historical perspective would have been desirable. In any case this little volume must be one of the bases for any future serious biographical or interpretative studies dealing with Vanini. Moreover, it shouM also be useful for scholars dealing with more general questions of seventeenth-century intellectual, religious, and social history. Unfortunately, there is no index, nor bibliography of earlier literature on Vanini, and the Introduction is perhaps too brief to orient the reader who has little previous knowledge of Vanini. CHARLES B. SCHMITT University oJ Leeds Tommaso Campanella: Renaissance Pioneer o[ Modern Thought. By Bernardino M. Bonansea. (Washington: Catholic University of America Press, 1969. Pp. xi 421. $14.50) This excellent critical study of the life and... (shrink)

ABSTRACT Professor of Moral Philosophy at Marischal College, Aberdeen, James Beattie (1735–1803) was one of the most prominent literary figures of late eighteenth-century Britain. His major works, An Essay on the Nature and Immutability of Truth (1770) and the two-canto poem The Minstrel (1771–1774), were two of the best-sellers of the Scottish Enlightenment and were key to Beattie’s role in the emergence of both the ‘Scottish School’ of Common Sense Philosophy and British Romanticism. Intellectual history scholarship on the Scottish Enlightenment (...) has tended to discuss Beattie in terms of his relationship to his fellow Aberdonian Thomas Read. While clearly important, his link with Reid does not exhaust our potential interest in Beattie. This article explores his extensive engagement with the thought of Jean-Jacques Rousseau (1712–1778). In the process, it is argued that the Genevan’s works – especially the Confession of the Savoyard Vicar in Emile (1762) – played an important though little noticed role in both Beattie’s rhetoric and anti-scepticism in both the Essay and Minstrel. Moreover, Beattie’s initially praising stance on Rousseau as a potential friend to true religion indicates the complexity of the reception of the Genevan’s works in late eighteenth-century Britain. (shrink)

SummaryThis article examines the Scottish philosopher James Beattie's controversial work of moral philosophy An Essay on the Nature and Immutability of Truth, noted for its pugnacious attack on the sceptical philosophy of David Hume. Usually treated only as an ephemeral success in the early 1770s, the Essay actually had two distinct periods of enormous popularity that account for its contemporary significance in the period between 1770 and 1830. The prominence of the Essay is demonstrated by its widespread positive reception, evinced (...) in both published and private responses, in both England and Scotland, by the high estimation in which it was held within pedagogical circles as an anti-sceptical philosophical primer, and by its continual use as a textbook in both university and dissenting academy logic and moral philosophy classes. In these senses, Beattie's Essay was arguably the most significant work of the Common Sense School of Scottish philosophy. (shrink)

ABSTRACT Joseph Addison played a key role in Nicholas Phillipson's pioneering studies of eighteenth-century Scottish culture and philosophy. Post-Union Scots were in search of renewed civic purpose now political power had headed to Westminster. They found it in Addison's Spectator essays discussing virtuous living. This article pays homage to Phillipson's work by expanding the scope of the study of Addison's reception in eighteenth-century Scotland. A survey of the publishing history of Addison's works north of the border indicates additional roles for (...) the English essayist in Scotland. Addison's political works, especially his tragedy Cato, were drawn on by pro-Unionists and anti-Jacobites. His religious writings were held in high regard, while both High Flying and Moderate churchmen imitated his style. Addison was important as important within Scottish aesthetics as he was within the Humean discourse of civic morality, though, as with Hume's and Smith's treatment of Addison, Scottish aestheticists quickly superseded Addison's discussion of the ‘pleasures of the imagination’. There are, then, several additional ‘Addisons’ on top of those identified by Phillipson. (shrink)

The paradox that has challenged historians of abolitionism is how Britain’s outlawing of trafficking of enslaved Africans in 1807 could take place when the country’s involvement in the trade was as...

Volume 28, Issue 1, January 2020, Page 202-204.

This study argues that the English-born, Edinburgh-educated and Bath-based physician William Falconer (1744–1824) authored the only stadial history published during the British Enlightenment that analysed the influence of socio-economic context upon religious belief. A survey of the conjectural histories of religion written by the leading literati demonstrates that discussion of religion by the Scottish literati was undertaken separate from the “Scottish narrative” of stadial economic and political progress. We have to turn to Falconer’s Remarks on the Influence of Climate (1781) (...) to see a four-stage history of religion that related belief and practice to wider social and economic developments. While heavily derivative of Montesquieu’s De l’Esprit des Lois (1748), Falconer’s Remarks has some claim to theoretical innovation and used his conjectural history to tell a story of English (not British) religious exceptionalism. Moreover, the work was received as a serious contribution to the late Enlightenment’s science of human nature and society. (shrink)

Bundel van vier voordrachten waarin de filosofische achtergronden van de grote politieke partijen worden belicht.