The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

In order to defend the regress argument for foundationalism against Post’s objection that relevant forms of inferential justification are not transitive, Lydia McGrew and Timothy McGrew define a relation E of positive evidence, which, they contend, has the following features: It is a necessary condition for any inferential justification; it is transitive and irreflexive; and it enables both a strengthened regress argument proof against Post’s objection and an argument that nothing can ever appear in its own justificational ancestry. In reply, (...) we construct in their own terms both a counterexample to the would-be transitivity of E, and a related objection to their never-in-its-own-ancestry argument. We also rebut their rejection of certain counterexamples to the would-be transitivity of some forms of inferential justification. By doing so, and by questioning their transitivity claim for E, we aim to further the project of undermining the circularity arguments advanced by a zoo of skeptics, relativists, antirealists and internalists against realism and externalism. (shrink)

This paper consists of commentaries about and the reprint of an autobiographical essay authored by Italian medium Eusapia Palladino and published in 1910. The details of the essay are discussed in terms of the writings of other individuals about the life and performances of the medium. The essay conveys a view of Palladino as a person who has suffered much in life and has a mission to help scientific research into mediumship. Typical of the positive emphasis in autobiographies in general, (...) the medium did not discuss negative aspects of her performances. Due to the fact that the essay appeared during Palladino's visit to New York City in which many authors branded her as a fraud, it may be speculated that the purpose of this autobiography was to elicit sympathy from the American public. While some of the statements that Palladino made about phenomena are consistent with the statements of other authors who have written about her, there are several statements that show alternate or incomplete versions of particular events in her life. The differences suggests that Palladino's essay and other discussions about the medium's life are not reliable when it comes to specific details and to biographical accuracy. (shrink)

The publication of John Rawls’ A Theory of Justice in 1971 coincided with a complex set of changes in the political situation of the west, the role of intellectuals, the state of the social sciences and humanities, and in the development of the welfare state itself. These changes provided the conditions for the creation of a body of thought quite different from the one the sixties had produced, and a significant change from the discipline-dominated thinking of the period after (...) the Second World War. The immediately relevant events included the effective demise of Parsons’ systems theory, the waning of the passions of 1968, and an enrollment crisis in universities’ humanities and social science departments as economic fear drove students into professional programs, creating a sharp downturn in demand for faculty. The optimism that had characterized disciplines in these fields during the 1960s quickly faded. The idea that sociology was soon to become a “science,” the source of the positivism dispute of the sixties, faded along with it. Logical Positivism as a coherent movement collapsed under the weight of the problems of the theory-observation distinction. At the same time Political Theory, which had been taught largely as an historical study – a history of error, as Leo Strauss described the standard textbook of the time, George Sabine’s A History of Political Theory, or as a continuation of the mood of Kulturpessimismus, as in the writings of Sabine’s critic, Leo Strauss – revived, partly in response to the stimulus from the success of Rawls, partly in response to new ideas about participatory democracy rooted in the experience of the sixties. Social theory also changed: the role that Parsons had played as a focus of theoretical discussion was replaced; the work of Ju˝rgen Habermas, particularly his Theory of Communicative Action, reassessed and re-appropriated the classical theoretical tradition in social theory to replace Parsons’ synthetic account, and this work coincided with a systematic reconsideration of the classic social theorists, especially Weber. An additional source of new thinking came from the “dependent” periphery, as thinkers such as Ernesto Laclau and Chantal Mouffe, which emancipated Socialist theory from received dogmas about class struggle and recognized the centrality of other antagonisms and the need for open democracy. (shrink)

John Stuart Mill's defense of freedom of discussion in On Liberty remains a major influence on philosophical and public debates about free speech. By highlighting underappreciated textual evidence and key distinctions, this introduction attempts to show how the contributions of the symposium authors – Melina Constantine Bell, Rafael Cejudo, Christopher Macleod, and Dale E. Miller – point toward a more complete account of Mill's views.

Anarchists and homosexuals have periodically occupied similar positions in relation to US laws and policies: both have functioned as the needed outside against which the proper inside of political order can be established and maintained. Both have blurred the relation of words to deeds, speaking words that are forbidden because the words themselves are seen as dangerous deeds. Examining the deportation case of anarchist John Turner in 1903 and the 1993 Pentagon ban on homosexuals serving openly in the (...) military, and utilizing the intellectual tools provided by Judith Butler in her analysis of speech acts, this article investigates the process of criminalizing an identity category as well as the political context from which that criminalization can be challenged. My goals are to make use of Butler’s arguments about insurrectionary speech to understand anarchism’s historical role in the American political imaginary, and to supplement Butler’s analysis with greater attention to the histories of anarchist struggle. (shrink)

Edited by Svetla S. Griffin and Ilaria L.E. Ramelli. Harvard University Press, Hellenic Studies 88, 2019, ca 600 pages. ISBN-10: 0674241320; ISBN-13: 978-0674241329. Contributors: Luc Brisson, Kevin Corrigan, John Dillon, Harold Tarrant, John Turner, John Finamore, Ilaria Ramelli, Karla Pollmann, Carlos Lévy, Lenka Karfíková, Pauliina Remes, Mark J. Edwards, Pier Franco Beatrice, Svetla Slaveva-Griffin, Aaron Johnson, Dimka Gocheva, Olivier Dufault, and Robert Hannah.

Not in the lay mind only, but also to a wide extent throughout the realm of Science itself, there exists the belief that no matter how thoroughly research is pursued, it can never yield anything more than descriptions of whatever it may be concerned with. Undeniably, such descriptions are becoming so complicated in detail, and at the same moment so far-ranging in their applications, that they inevitably assume the aspect of more or less final explanations; and previous investigators often regarded (...) them as being actually explanatory, finding indeed in this supposed result one of the most powerful impulses to carry their inquiries to their utmost limit. This however, it is frequently contended, is at best a short-sighted error and at worst a misleading superstition; the truth, no matter how unwelcome it may seem, being that explanation is unattainable because it is a wholly non-scientific category and ideal. If then we wish to discover any sufficient reason, any ultimate ground, any final solution, we must turn from Science to Philosophy; and even so, many sceptics do not hesitate to add, we are foredoomed to disappointment. (shrink)

The popular belief that religion is the same everywhere or that all religions are ‘at bottom’ identical in essentials is a widespread falsehood that is saved from being completely worthless by the fact that religion does exhibit a universal or common structure wherever it appears. This structure is intimately related to the structure of human life in the world. The enduring pattern that enables us to understand religions widely separated in both time and space depends largely on the fact that (...) man and the process of human life in the world have their own structures which remain, despite the undeniable variety introduced by vast differences of culture, ethnic features, geographical location, climate etc. Structure means pattern or form; it is reality significantly organised. It can be grasped as that which endures above and beyond changing historical details. Because human life has a structure, we are able to understand the wrath of Achilles or sympathise with the love of Abélard for Héloïse although we are separated from both by centuries of time. (shrink)

The problem of the nature and scope of Causation has again been raised into prominence by recent research on atomic structures and processes, the result being that many physicists maintain that the causational principle must now be restricted to macroscopic changes regarded as the averaged outcome of microscopic events, each of which alone may not be causally determined, or at least not completely so. Of this markedly new departure Professor Eddington is perhaps the best-known advocate. “Physics,” he asserts, “is no (...) longer pledged to a scheme of deterministic law; the search for a scheme of strictly causal law not practical politics.” But the issue concerns not Physics only, for Dr. Eddington at once proceeds to interpret his viewpoint by contending that “science withdraws its opposition to free will”; and thus the realms of consciousness and conduct are once more brought into intimate connection with the realm of physical phenomena. It must of course be recognized that the question still remains highly debatable; for, as Sir Oliver Lodge has recently urged, “break down causality, and we are left with chance. That is wholly unsatisfactory. Chance is no solution”; and he likewise expands his survey beyond Physics by adding, “not in that way would I aim at freedom.” It is scarcely necessary to refer to current controversy in the biological sphere, between those who regard living processes as falling, if only to some degree, outside the domain of causal action, and those who insist that such action is universal, the indubitable proof of their position being prevented only by the difficulties of investigation. (shrink)

_A new theory of how and why we cooperate, drawing from economics, political theory, and philosophy to challenge the conventional wisdom of game theory_ Game theory explains competitive behavior by working from the premise that people are self-interested. People don’t just compete, however; they also cooperate. John Roemer argues that attempts by orthodox game theorists to account for cooperation leave much to be desired. Unlike competing players, cooperating players take those actions that they would like others to take—which Roemer (...) calls “Kantian optimization.” Through rigorous reasoning and modeling, Roemer demonstrates a simpler theory of cooperative behavior than the standard model provides. (shrink)

It is frequently contended that one of the gravest dangers of the future of civilization is that the organization of society will be carried so far as to imperil, if not indeed to destroy, social and individual liberty. If this is actually true, we seem compelled to choose between these two ends—either, that is to say, to subordinate or sacrifice freedom, or to minimize organization.

Is morality too difficult for human beings? Kant said that it was, except with God's assistance. Contemporary moral philosophers have usually discussed the question without reference to Christian doctrine, and have either diminished the moral demand, exaggerated human moral capacity, or tried to find a substitute in nature for God's assistance. This book looks at these philosophers--from Kant and Kierkegaard to Swinburne, Russell, and R.M. Hare--and the alternative in Christianity.