A theory of syllogistic reasoning is proposed, derived from the medieval doctrine of 'distribution of terms'. This doctrine may or may not furnish an adequate ground for the logic of the syllogism but does appear to illuminate the psychological processes involved. Syllogistic thinking is shown to have its origins in the approach and avoidance behaviour of pre-verbal organisms and, in verbal (human) organisms, to bridge the gap between the intuitive grasp shown by most of us of the validity of simple (...) logical arguments and the failure of intuition in more complex arguments that require resort to calculation. Some difficulties are considered affecting the use of syllogisms as experimental material. These include failure on the part of the investigator to take account of the fact that a syllogism is always part of a continuing argument in which the topic of the argument is known to all parties and the possibility that subjects may find ways of appearing to solve syllogisms without actually doing so. (shrink)

This second edition has been revised to provide additional coherence to the themes examined and introduces sections on topical issues, for example the chapter on Utilitarianism now includes a discussion on law and economics.

The essay replies to comments by Finnis, Gardner and Endicott, on my book, Law as a Moral Idea. It is questioned whether Finnis is right to suggest that governance by law is a requirement of justice. It is suggested that Hart's positivism may have rested upon an unduly private conception of morality. Gardner's suggestion that Law as a Moral Idea falsely manufactures disagreement with Hart is rejected, principally by pointing out that Gardner focuses upon only one issue, where the book (...) already acknowledges that Hart might conceivably agree, and ignores other issues where the disagreement with Hart seems indisputable. In response to Endicott, it is acknowledged that 'politics' could be understood as a moral idea comparable to the idea of 'law', but denied that this robs either thesis of interest. The nature of doctrinal reasoning and law's justificatory force is then discussed. (shrink)

In the article the parameters of the crime novel and crime story that were used by the postwar German novel of the investigation were highlighted and analyzed. The transformation of the range of problems of criminal literature in the new conditions is showed on the material of such works as ‘Aula‘ Kant, ‘Der Fall d’Arthez‘ G.-E. Nossack ‘Buridan’s ass‘ G. de Breun, ‘Gruppenbild mit Dame‘ G. Boell, ‘Black ass‘ L. Rinzer et al. It is demonstrated which formal elements that organize (...) the system of images, time-space and the intersection of ‘voice streams‘, the texts succeed from the twentieth-century enlightenment ‘postpitaval’s‘ prose. Traditions of Schiller, Goethe and others expressed through the ideological setting of the novel of the investigation, the duality of its structure and the relationship of narrative plans. The narrators of investigation novel work for underlining their detachment; they are out of the events and cherish their independence. Masks and aliases are actively used with the view of creating of the effect of ‘non-presence‘. Authors play with the grammatical forms: I am - you are - he is. Therefore, the novel of investigation adopts the social agenda and coherence with the historical period from the tradition of a criminal novel. Ethical measures used by narrators to evaluate the events described are succeeded from tradition as well. Some elements, which stay relevant, are used as productive. (shrink)

The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.

This article discusses the 2005 OUP biography of Michael Polanyi by William T. Scott and Martin X. Moleski S.J., Michael Polanyi, Scientist and Philosopher . The discussants are N. E. Wetherick, Brian G Gowenlock, and John Puddefoot; Martin X. Moleski, S. J. briefly responds, providing a previously unpulished letter from Polanyi to Reverend Dr. Knox, a Presbyterian mininster.

This chapter contains section titled: The Impious Hypothesis Pufendorf Conclusion.

This chapter contains sections titled: Problems of Jurisprudence The Enterprise of Legal Theory From Positivism to Natural Law Theory as Interpretation Law as Integrity Unger and the Critical Legal Studies Movement Philosophical Reconstruction of Legal Doctrine.