Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...) and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)

Cosmopolitanism is a stream of opinion that has at its heart the ideal of a united humanity protected by a universal morality codified in human rights and international legal standards supervised by international organisations. These views are powerful ones that are recognisable in many policies, institutions and initiatives around the world. This paper examines cosmopolitanism and its influence on British military policy.

The economic theory of contract is being reshaped in ways which resonate with the findings of socio-legal contract scholars and of industrial economists and sociologists in the Marshallian tradition, who emphasise the 'embeddedness' of organizations within their social and cultural environment. Contractual co-operation is seen as depending on institutional factors which serve to enhance 'trust', and arrangements which in the past were criticized as the product of collusion are being reassessed as potentially efficient responses to market failure. An active debate (...) has begun on how instruments of public policy can best be deployed to arrive at an effective balance between co-operation and competition. This affects both the competitiveness of private sector organizations and the success of deregulatory reforms in the public sphere. These issues are explored within four main areas: developments in private-sector contracting; contract and organization in the public sector; the economics of contract law; and competitiveness and competition policy. (shrink)

The Wine/Water Paradox: background, provenance and proposed resolutions.

In lieu of an abstract, here is a brief excerpt of the content:284 HISTORY OF PHILOSOPHY Although this is not the first time that Gentile has been translated into French (a major work of his, L'esprit, acte pur, was published in Paris in 1925), the fact remains nevertheless that his neo-Hegelian system of philosophy fell on deaf ears originally in France, due to the predominance then of Bergsonism and positivi.sm in different areas of French thought. However, as Michele F. Sciacca (...) (another commentator on Gentile) notes in the Preface, the Gentilian system of "actual idealism" should get a better hearing in France from now on, because the widespread interest in Hegel there since 1925 has prepared the ground for its proper reception. The Bibliography, for which Sciacca himself is responsible, includes a section on Gentile's own writings "concerning the national and political formation of Italy" (p. 14); but, significantly enough, those dealing directly with Fascism are all omitted. This omission seems a deliberate attempt to separate Gentile the philosopher from Gentile the Fascist. No matter how understandable psychologically and politically may be the motive here--to have French readers forget that Gentile was the philosopher of Fascism--the attempt itself at bibliographical expurgation, ironically, runs completely counter to the very accent of the Gentilian theory of "pure act" on the unity of thought and action in human experience and history. Rightly or wrongly, Gentile (in sharp contrast to Croce) saw in Fascism the political expression of that unity. As to the secondary sources, the Bibliography again is unnecessarily incomplete, citing as it does only one work in English on Gentile. The anthology closes with a critical note on Gentile's transcendental conception of immortality by the translator (Joseph Moreau), who argues that the "actualistic" philosophy, despite its "religious tone," defeats itself by ending up with an "Epicurean attitude" (p. 324) toward death and the afterlife. PATRICK ROMANELL University o/ Oklahoma Die Tragik in der Existenz des modernen Menschen bei G. Sirnmel. By Isadora Bauer. (Berlin: Duncker und Humblot, 1962. Pp. 94. DM 12.60.) Miss Isadora Bauer's book lends a salutory touch to contemporary philosophical literature, so much of which is abstract and removed from experience. Her treatise, on the other hand, has for its subject matter the human condition, its finitude, and its inescapable tragedy. Georg Simmel, an early twentieth-century philosopher, is less known in this country than he deserves to be. His "Lebensphilosophie," as Miss Bauer points out, although it was influenced by Schopenhauer and Nietzsche, found an original expression through him and foreshadowed in many ways the work of Husserl and the contemporary existential thinkers. Miss Bauer's presentation of Simmel's concept of the tragic is lucid and thorough and manages in a wonderful way to let us see through this one aspect the broad outlines of Simmel 's philosophy as a whole. In Simmel's formulation, life itself, unfolding in tragic antinomy of flux and form, of becoming and being, is the ultimate ground of all tragic conflict. The dynamic life process brings forth all forms and also endangers and destroys them over and over again. The human being encounters these opposites in all aspects of his experience: his existence is tragic at its core. "Moira," the ancient goddess who confronted the Greek hero as an alien power, is in Simmel's modern view of tragedy within man himself. She is the opposition between continuity and discontinuity, the mere stream of events and their form or meaning broken in tragic conflict. At this point, Simmel's dialectics leads to a "third realm," a "more BOOK REVIEWS 285 than" which is both immanent and transcendent, a kind of "coincidentia oppositorum" beyond logic and definition. It is the realm of the "person" within which, although the tragic conflict is not resolved, there arises the free self from whose non-dual perspective the unity and eternity of life are seen. Within this realm the individual gains an illumination the result of which is "amor fad," his free decision to affirm his being. In this act of decision lies the "meaning" and "value" of life. The substance and point of Miss Bauer's book is to show the connection between the metaphysical ground of Simmel... (shrink)

Citizenship and its education is again gaining importance in many countries. This paper uses England as its primary example to develop a Habermasian perspective on this issue. The statutory requirements for citizenship education in England imply that significant attention be given to the moral and social development of the learner over time, to the active engagement of the learner in community and to the knowledge skills and understanding necessary for political action. This paper sets out a theoretical framework that offers (...) a perspective on learning suitable for these far-reaching aims. We argue that schools need to shift from the currently dominant discourse of accountability to incorporate a discourse of care in order to make room for an effective and appropriate pedagogy for citizenship. Habermas’s social theory gives us a theoretical framework that properly locates schools within the lifeworld as part of civil society. Schools should therefore attend to hermeneutical and emancipatory concerns, not only to strategic interests. We put these in the context of Habermas’s social theory to paint an alternative vision learning for citizenship education which is based in developing the dispositions, values and attitudes necessary for lifelong learning with a view to developing ongoing communicative action. (shrink)

Robert Graves's First World War story in his autobiography Goodbye to All That, narrating his refusal to kill an enemy soldier bathing naked on the battlefield, has been made famous in the field of military ethics by Michael Walzer in his Just and Unjust Wars. The story raises the issue of whether soldiers should be granted immunity when behaving in an ‘un-warlike’ manner. It also relates to the growing understanding in military ethics that only soldiers who pose a direct threat (...) should be attacked and killed. This paper concludes that the traditional legal understanding that all soldiers are liable to be attacked and to be killed is the stronger argument. (shrink)

Mercy killing in battle is an illegal activity, yet, the evidence suggests, it happens on battlefields the world over and it has probably done so throughout human history. This may be a ?silent? part of the battlefield that few survivors wish to remember or to report subsequently. The practice is illegal, yet it raises difficult, perhaps sometimes impossible, ethical problems. A framework derived from the ethos of the just war tradition is developed here to analyse and to evaluate such battlefield (...) killings. (shrink)

ABSTRACTJeff McMahan’s much-discussed work Killing in War is an important part of the revisionist school of just war studies. This paper avoids discussion of McMahan’s use of human rights and exami...

The historical evolution of the homotopy concept for paths illustrates how the introduction of a concept (be it implicit or explicit) depends upon the interests of the mathematicians concerned and how it gradually acquires a more satisfactory definition. In our case the equivalence of paths first meant for certain mathematicians that they led to the same value of the integral of a given function or that they led to the same value of a multiple-valued function. (See for instance [Cau], [Pui], (...) [Rie].) Later this dependency upon given functions is dropped (by Jordan for surfaces, by Riemann and most explictly by Poincaré) and this leads to a concept which depends only upon the manifold. It thus becomes a concept which belongs to topology. As a consequence of this hesitant evolution, there was at first a confusion between concepts and hence no attention to relations between them. At a later stage these relations were investigated, as for instance the fact that homotopy equivalence implies homology equivalence: in1882, Klein gave an example of a closed curve on a surface which is the boundary of a part of the surface but could not be shrunk to a point. In 1904, Poincaré explicitly said that this curve is “homologue à zéro” (null homologous), but not “équivalent à zéro” (null homotopic). Poincaré obtains the homologies from the fundamental group by allowing changes in the order of the terms in the “équivalences”. This means also that the equivalences imply homologies but not vice versa. From a methodological standpoint, this situation of using properties without asking about relations between them or without even properly defining them is reminiscent of mathematics of a century earlier. An example is the way differentiability was used for the differentiation of functions without consciously questioning the properties of this concept until in the nineteenth century examples were given by Bolzano (1834), Weierstrass (1872), Riemann (1854) and others of functions which are continuous but nowhere differentiable [Kli]. Another example is the use eighteenth-century mathematicians made of series without inquiring about the validity of the operations they used on them. Another aspect which had its influence was the success of algebraic methods in topology which explains the preference for theories with “base point” and constrained deformation even though free deformation is a more natural concept. As we can see the evolution of the homotopy concept for paths did not progress without impediments. It also had an influence on the evolution of the abstract group concept and the basic principle of equivalence. These aspects make it a history which is not only intrinsically interesting (how did homotopic paths come to be?), but also because it illustrates relations between different branches of mathematics. (shrink)

Cet ouvrage est une étude comparative entre Plotin, Spinoza et Shankara, la raison et son dépassement en constituent le thème central. En effet ces trois philosophes cherchent à dépasser l'intellect : le nous pour Plotin, la buddhi pour Shankara et la raison pour Spinoza et ce, dans des contextes très variés - hellénistique, hindouiste et rationaliste - pour en définitive, s'unir à l'Absolu. Des lors, n'y aurait-il pas un lien de parenté, sous-jacent, qui unirait ces trois auteurs dans leur quête (...) de Vérité? La démarche de cette confrontation se propose de découvrir si le thème du "dépassement de la raison" révèle, ou non, l'existence d'un authentique lien entre ces philosophies et permette ainsi de rapprocher, irrésistiblement, la philosophie occidentale de la philosophie indienne... (shrink)

ABSTRACTMilitary units can become to some extent self-governing in war-time battle. At times, they may take the discipline of their soldiers into their own hands and such discipline may be severe. This paper examines incidents in the British military, in both World Wars, where British soldiers were killed by their comrades because they would not fight in the heat of battle. The judicial execution by the military authorities of deserters in the First World War led to much controversy in Britain. (...) It may be much less well-known that in both World Wars there was, on occasion, an extra-judicial practice within the British military of executing soldiers who would not fight in the heat of battle. In such situations ethical dilemmas become very difficult indeed and some of the relevant issues are examined here. (shrink)

Soldiers hiding in enemy territory that are discovered by civilians face acute ethical problems as to what to do about them. The law of armed conflict forbids harming civilians, yet if they are released they may well betray the soldiers and alert enemy forces that will kill or capture the soldiers. This is not just a theoretical problem; there are recent documented accounts of British and American soldiers who have found themselves in such a position and who have died because (...) they released the civilians. This paper argues that the ethical imperative here is to save the lives of both the soldiers and the civilians and that this should be the guiding principle in such cases. To this end, where possible, non-lethal means of restraint should be used on civilians to incapacitate them while the soldiers escape. (shrink)

An earlier paper, to which this is a sequel, traced the history of the Laplace Transform up to 1880. In that year Poincaré reinvented the transform, but did so in a more powerful context, that of properly conceived complex analysis. Rapid developments followed, culminating in Doetsch' work in which the transform took its modern shape.

Catastrophe Theory was developed in an attempt to provide a form of Mathematics particularly apt for applications in the biological sciences. It was claimed that while it could be applied in the more conventional physical way, it could also be applied in a new metaphysical way, derived from the Structuralism of Saussure in Linguistics and Lévi-Strauss in Anthropology.Since those early beginnings there have been many attempts to apply Catastrophe Theory to Biology, but these hopes cannot be said to have been (...) fully realised. (shrink)

Citizenship and its education is again gaining importance in many countries. This paper uses England as its primary example to develop a Habermasian perspective on this issue. The statutory requirements for citizenship education in England imply that significant attention be given to the moral and social development of the learner over time, to the active engagement of the learner in community and to the knowledge skills and understanding necessary for political action. This paper sets out a theoretical framework that offers (...) a perspective on learning suitable for these far-reaching aims. We argue that schools need to shift from the currently dominant discourse of accountability to incorporate a discourse of care in order to make room for an effective and appropriate pedagogy for citizenship. Habermas’s social theory gives us a theoretical framework that properly locates schools within the lifeworld as part of civil society. Schools should therefore attend to hermeneutical and emancipatory concerns, not only to strategic interests. We put these in the context of Habermas’s social theory to paint an alternative vision learning for citizenship education which is based in developing the dispositions, values and attitudes necessary for lifelong learning with a view to developing ongoing communicative action. (shrink)

A vast amount of empirical research has been compiled on labor laws yet more is called for in view of the rapid changes occurring in this field. This article discusses the attempts to individualize the relationship, as well as make labor markets more flexible. A sociological perspective on the post-war situation viewed the industrial system as stable and self-adjusting. The article emphasizes the emergence of new data sources and methods and considers the role of theory in shaping the empirical research (...) agenda. Labor legislations only provide the structure within which collective bargaining would occur, while abstaining from directly influencing the outcome. This article reviews the state of the art on a number of substantive issues: the law governing collective labor relations; minimum wage laws; employment protection legislation; the operation of labor courts and alternative dispute resolution mechanisms; and the relationship between labor law and corporate governance systems. (shrink)

This books delineates the seismic shifts of the twentieth century humanities by way of a close examination of the dynamic landscape of modern language, criticism and philosophy. In this manner, it argues that both philosophy and literary criticism have dovetailed in the twenty-first century. Starting out as a survey of literary criticism in its broadest terms, later chapters - which are more expository - assess recent movements within modern literary theory. These are located with respect to the post-Russell and Fregean (...) “linguistic turn” in philosophy. Designed for specialists and non-specialists alike; philosophers, literary critics and even students of the modern critical tradition, the argument takes a novel stance towards modern criticism, language and philosophy, arguing for a return to a more formalist and rhetorical approach to literary criticism, while taking care not to indulge too many “political pathologies” when engaging with texts. (shrink)