The Sovereignty of Law presents Trevor Allan's most recent and fully elaborated defence of common law constitutionalism - an account of the unwritten or non-codified constitution as a complex articulation of legal and moral principles, defining what in the British context are the requirements of the rule of law. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation of powers. These principles.

This volume examines the concept of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the connections between a range of matters fundamental to the relationship between citizen and state, including freedom of speech, civil disobedience, procedural fairness, and administrative justice.

'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal (...) democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.Readership: Scholars and students of law, philosophy, and politics. (shrink)

There is a growing interest in how people conceptualise the legal domain for the purpose of legal knowledge systems. In this paper we discuss four such conceptualisations (referred to as ontologies): McCarty's language for legal discourse, Stamper's norma formalism, Valente's functional ontology of law, and the ontology of Van Kralingen and Visser. We present criteria for a comparison of the ontologies and discuss the strengths and weaknesses of the ontologies in relation to these criteria. Moreover, we critically review the criteria.

Ronald Dworkin's theory of law forges a close connection between questions about the truth of propositions of law and the question of political obligation: law as integrity is a theory of legal practice that purports to explain, not only how the content of law is determined, but also why the law—in ordinary cases—imposes an obligation of obedience. The theory (as presented) is ultimately incoherent. If we accept Dworkin's theory of the grounds of law we are obliged to reject his claims (...) about its force; alternatively, if we accept his view of the force of law, we must reject his theory about its grounds: he cannot be correct about both force and grounds. Dworkin supposes that, in extraordinary cases, the force of law is cancelled or overridden; but the relevant considerations of justice are wholly internal to our identification of the content of law. Consistently elaborated, integrity denies the offending requirements legal status: lex injusta non est lex. (shrink)

My analysis of the constitutional foundations of judicial review has been criticized by Paul Craig; but his objections confuse the ‘constructive’ account of legislative intent I defend with the ‘literal’ conception (reflecting the views of individual legislators) I expressly repudiate. He thinks we must choose between legislative intent, literally conceived, and common law principle. This mistake exemplifies the peculiar character of Craig's ‘common law model’ of judicial review, in which the requirements of the rule of law, on one hand, and (...) the relevant statute, on the other, exist in separate mental worlds. That model is conceptually confused, rejecting the doctrine of ultra vires that (unqualified) legislative supremacy entails, and ultimately grounded in a wholly implausible view of the relationship between common law and statute. It subordinates both statutory text and purpose to common law doctrine, treated as largely self-contained and impervious to context. It ignores the interdependence of legislative and judicial power, impeding a genuine integration of statutory command and common law principle. (shrink)

The lively debate over the constitutional foundations of judicial review has been marred by a formalism which obscures its point and value.ed from genuine issues of substance, the rival positions offer inadequate accounts of the legitimacy of judicial review; constitutional theory must regain its connection with questions of political principle and moral value. Although the critics of ultra vires have rightly emphasized the foundational role of the common law, they have misconceived its nature and implications. On the one hand, they (...) have invited the charge of judicial supremacism by marginalizing the role of legislative intent; on the other, their affirmation of absolute parliamentary sovereignty (within the context of this debate) undermines the critique of ultra vires. In substance, therefore, the rival camps occupy essentially the same ground, equally trapped by a formalism that entrenches a stark confrontation between parliamentary sovereignty and the rule of law. A conception of shared sovereignty, or interdependent sovereignties, provides a better foundation for judicial review. (shrink)

When legal practice satisfies certain modest conditions of legitimacy, affirming the equal dignity of persons, the law is what it ought to be. It provides the morally appropriate basis for the reso...

We dedicate this book to John Thibaut. He was mentor and personal friend to one of us, and his work had a profound intellectual influence on both of us. We were both strongly influenced by Thibaut's insightful articulation of the importance to psychology of the concept of pro cedural justice and by his empirical work with Laurens Walker in reactions to legal institu demonstrating the role of procedural justice tions. The great importance we accord the Thibaut and Walker work is (...) evident throughout this volume. If anyone person can be said to have created an entire field of inquiry, John Thibaut created the psychological study of procedural justice. (To honor Thibaut thus in no sense reduces our recognition of the contributions of his co-worker, Laurens Walker, in the creation of the field. We are as certain that Walker would endorse our statement as we are that Thibaut, with characteristic modesty, would demur from it. ) Even to praise Thibaut in this fashion falls short of recognizing all of his contributions to procedural justice. Not only did he initiate the psy chological study of the topic, he also built much of the intellectual foun dation upon which the study of procedural justice rests. Thibaut's work with Harold Kelley (1959; Kelley & Thibaut, 1978) created a social psy chological theory of interdependence that, among many other applica tions, serves as the basis for one of the major models of the psychology of procedural justice. (shrink)

Lei, a twenty‐seven‐year‐old Mandarin speaker, visits the United States seeking curative treatments for his acute myeloid leukemia. His mother, Hua, has traveled with him. Neither she nor Lei speak English, and the hospital does not have an onsite professional Mandarin‐speaking interpreter. Using a professional interpreter over the phone, Lei's oncologist, Dr. Branson, attempts to initiate a face‐to‐face goals‐of‐care conversation with Hua as the surrogate decision‐maker. Dr. Branson explains that Lei has “only weeks to months to live” and recommends initiating comfort‐care‐only (...) measures, but Hua says that she wants (and that Lei would want) continued aggressive measures. Hua says that her son might be a candidate for a phase I trial. Eventually, Dr. Branson brings in Dr. Chou, a Mandarin‐speaking resident to provide face‐to‐face interpretation. Hua insists that “there must be more standard therapies available” and says that she will wait until the trial begins. She begins crying, and the meeting disintegrates. Following this, Dr. Branson calls for an ethics consultation for “help in end‐of‐life communicating and reconciling discordance about prognostic information.”How should the ethicist use the institution's interpreter services? (shrink)

This book builds on the idea that pragmatics and philosophy are strictly interconnected and that advances in one area will generate consequential advantages in the other area. The first part of the book, entitled ‘Theoretical Approaches to Philosophy of Language’, contains contributions by philosophers of language on connectives, intensional contexts, demonstratives, subsententials, and implicit indirect reports. The second part, ‘Pragmatics in Discourse’, presents contributions that are more empirically based or of a more applicative nature and that deal with the pragmatics (...) of discourse, argumentation, pragmatics and law, and context. The book presents perspectives which, generally, make most of the Gricean idea of the centrality of a speaker’s intention in attribution of meaning to utterances, whether one is interested in the level of sentence-like units or larger chunks of discourse. (shrink)

Despite the interpersonal nature of family meetings and the frequency in which they occur, the clinical ethics literature is devoid of any rich descriptions of what clinical ethicists should actually be doing during family meetings. Here, we propose a framework for describing and understanding “transitioning” facilitation skills based on a retrospective review of our internal documentation of 100 consecutive cases wherein a clinical ethicist facilitated at least one family meeting. The internal documents were analyzed using qualitative methodologies, i.e., “codes”, to (...) identify emergent themes. We identified four different transitioning strategies clinical ethicists use to reach a meaningful resolution. These transitioning strategies serve as a jumping-off point for additional analyses, future research, evaluating clinical ethics consultation, and overall performance improvement of a consultation service. (shrink)

The Politics is one of the most influential texts in the history of political thought, and it raises issues which still confront anyone who wants to think seriously about the ways in which human societies are organized and governed. The work of one of the world's greatest philosophers, it draws on Aristotle's own great knowledge of the political and constitutional affairs of the Greek cities. By examining the way societies are run - from households to city states - Aristotle establishes (...) how successful constitutions can best be initiated and upheld. For this edition Sir Ernest Barker's fine translation, which has been widely used for nearly half a century, has been extensively revised to meet the needs of the modern reader. The accessible introduction and clear notes by R F Stalley examine the historical and philosophical background of the work and discuss its significance for modern political thought. (shrink)

Machine generated contents note: -- Part I -- 1. Portrait of the psychiatrist as a young man 1927-1960 -- 2. Portrait of the psychiatrist as an intellectual. Laing's early, notebooks, personal library, essays, papers, and talks -- 3. Laing and psychiatric theory -- 4. Laing and existential-phenomenology -- 5. Laing and Religion -- 6. Laing and the Arts -- Part II -- 7. Laing in the Army -- 8. Gartnavel Hospital and the 'Rumpus Room' -- 9. Individual patients at Gartnavel (...) -- 10. Laing at the Southern General Hospital -- 11. Laing in London -- 12. The Divided Self. (shrink)

A B S T R A C T Detailed examination of audio recordings of business-to-business `field-sales' encounters are used to report one way in which salespeople elicit verbal expressions of affiliation from their prospective customers — by reciprocating second assessments which affiliate with, trade off and build on prospects' own assessments. This article outlines the prototypical features of these junctures of assessment-affiliation and describes how salespeople can mobilize such assessments to build extended sequences of `rapport' that take the form of (...) adjacent and mutual expressions of substantive verbal affiliation. Consideration is also given to explicating both the interactional basis of these sequences as well as the socially obligating influence such affiliation and rapport can have on sales outcomes. (shrink)

This is the second and final volume of manuscripts by or relating to Thomas Robert Malthus that are now held at Kanto Gakuen University in Japan. Volume I contains 75 items of correspondence, while Volume II contains transcriptions of further original manuscripts, including: four of Malthus' sermons; his diary of a tour of the Lake District; an extensive set of calculations in the bullion trade, suggesting that he was giving serious thought to becoming a bullion trader on his own account; (...) lecture notes on European history from the fifth to the tenth century; his wife's diary of their holiday in Scotland in 1826 and an essay on foreign trade. These previously unknown and unpublished manuscripts promise insights into his intellectual development and the events and circumstances of his life, as well as glimpses of the lifestyle of his wider family and contemporaries. (shrink)

This is the second and final volume of manuscripts by or relating to Thomas Robert Malthus that are now held at Kanto Gakuen University in Japan. Volume I contains 75 items of correspondence, while Volume II contains transcriptions of further original manuscripts, including: four of Malthus' sermons; his diary of a tour of the Lake District; an extensive set of calculations in the bullion trade, suggesting that he was giving serious thought to becoming a bullion trader on his own account; (...) lecture notes on European history from the fifth to the tenth century; his wife's diary of their holiday in Scotland in 1826 and an essay on foreign trade. These previously unknown and unpublished manuscripts promise insights into his intellectual development and the events and circumstances of his life, as well as glimpses of the lifestyle of his wider family and contemporaries. (shrink)

This is the second and final volume of manuscripts by or relating to Thomas Robert Malthus that are now held at Kanto Gakuen University in Japan. Volume I contains 75 items of correspondence, while Volume II contains transcriptions of further original manuscripts, including: four of Malthus' sermons; his diary of a tour of the Lake District; an extensive set of calculations in the bullion trade, suggesting that he was giving serious thought to becoming a bullion trader on his own account; (...) lecture notes on European history from the fifth to the tenth century; his wife's diary of their holiday in Scotland in 1826 and an essay on foreign trade. These previously unknown and unpublished manuscripts promise insights into his intellectual development and the events and circumstances of his life, as well as glimpses of the lifestyle of his wider family and contemporaries. (shrink)

The idea for this article was developed in ecumenical discussion regarding the worrisome developments in some neo-Pentecostal ministries where stories of snake-eating, petrol-drinking, false prophecies and so on were being alleged. A burning question during the discussion was: what is it with the hermeneutic of experience that makes it possible for such stories to arise? Furthermore, how can this situation be remedied? The researchers set to answer this question by conducting a literature study on the subject of hermeneutics of African (...) Indigenous Churches, neo-Pentecostalism and Mission Pentecostalism. The inclusion of AICs and Mission Pentecostalism follows the scholarly consensus led by Allan Anderson in which all three together constitute African Pentecostalism. This article offers a critical reflection on the corrosive role of fundamentalist-inspired exclusivism, judgementalism and pride, which feed ignorance of the basic oneness of African Pentecostal Christianity. It concludes that abuse abounds in the divisions and maintenance of the above-mentioned fundamentalist attitudes and raises the necessity of creating awareness of belonging to one community. This community’s historical experience of the activity of the Spirit and Scripture may serve as critical input into its hermeneutic, hopefully lessening if not eradicating abuse. (shrink)

Doll, R. C. Foreword.--Conant, J. B. The education of American teachers.--Holt, J. How children fail.--Dewey, J. Democracy and education.--Whitehead, A. N. The aims of education.--Goodman, P. Compulsory mis-education.--Erikson, E. H. Childhood and society.--Rogers, C. R. On becoming a person.--Bruner, J. S. The process of education.--Silberman, C. E. Crisis in the classroom.

This paper examines the madness of Gerard de Nerval, the nineteenth-century French writer. It looks at his account of mental disturbance, how he responded to the psychiatric profession and how he reacted to being diagnosed as insane. It considers his autobiographical novella of madness, Aurelia, which he began at the suggestion of his alienist, Dr Emile Blanche, and while he was still an asylum inmate. Nerval's story raises important questions about the nature of madness. Is it, as he contended, a (...) mystical experience revealing truths about spiritual worlds inaccessible to the ‘sane’? Does psychiatry fail to understand it and inappropriately reduce it to the categories of scientific reason? Or are such notions of the spiritual value of madness guilty of the charge that they romanticise insanity? Do they make extravagant claims for an experience that is often disturbing and debilitating? What is the relationship between madness and recovery? Should an individual try to forget their experience of mental disturbance once they recover, or should they examine what the event reveals about themselves? Can the language of madness be decoded to unveil profound truths as Carl Jung and R.D. Laing have suggested, or is it, as the psychiatrist German Berrios maintains, merely a series of ‘empty speech acts’, signifying nothing? And finally, how does one avoid writing about madness, and instead write madness? (shrink)

In 1986 Ephraim Fischbach, Sam Aronson, and Carrick Talmadge proposed a modification of Newton’s law of universal gravitation. This modification changed the gravitational potential from V = −Gm1m2∕r to V = [1 + αe−r∕λ] where α, the strength of the interaction, was approximately one percent and the range of the force λ was approximately 100 meters. This additional term was known as the Fifth Force. This suggestion was based on tantalizing evidence provided by a reanalysis of the Eötvös experiment, an (...) early test of the equivalence principle, a difference between the measured value of G, the gravitational constant, as determined by laboratory measurements and those performed in mineshafts, and a small energy dependence in the CP-violating parameters in K0-meson decay. The two initial measurements of the Fifth Force disagreed. One supported its existence and the other did not. How this discrepancy was resolved and the subsequent history of experiments on the Fifth Force will be discussed. By 1990 the consensus was that such a Fifth Force did not exist. Despite that judgment, work continued, and the more recent history of the Fifth Force is also discussed. The consensus remains that there is no Fifth Force. (shrink)

Introduction; A.Hazlett Quantification, Naturalness, and Ontology; R.P.Cameron Two Problems of Composition in Collective Action; S.R.Chant Another Look at the Reality of Race, By Which I Mean Racef; J.Glasgow Bringing Things About; N.Judisch Interpretation: Its Scope and Limits; U.Kriegel Empirical Analyses of Causation; D.Kutach Brutal Individuation; A.Hazlett Ghosts in the World Machine? Humility and Its Alternatives; R.Langton& C.Robichaud Is Everything Relative? Anti-Realism, Truth, and Feminism; M.Mikkola Minimalism and Modality: The Nature of Mathematical Objects; K.Miller Are There Fundamental Intrinsic Properties?; A.Ney On (...) the Very Idea of an Ecosystem; J.Odenbaugh The Prince of Wales Problem for Counterfactual Theories of Causation; C.Sartorio Index. (shrink)

David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis of (...) liability for negligence and for reasoning about possible reforms of the institution of negligence law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:110 HISTORY OF PHILOSOPHY History of Aesthetics, Vol. I. Ancient Aesthetics. By Wladyslaw Tatarkiewicz. Ed. J. Harrell. Trans. Adam and Ann Czerniawski. (The Hague-Paris: Mouton and Warszawa: PWN-Polish Scientific Publishers, 1970. Pp. vii-352.) History of Aesthetics, Vol. II. Medieval Aesthetics. By WladySlaw Tatarkiewicz. Ed. C. Barrett. Trans. R. M. Montgomery. (The Hague-Paris: Mouton and Warszawa: PWN-Polish Scientific Publishers, 1970. Pp. vii-315.) These two volumes of Tatarkiewicz' monumental history of (...) aesthetics, the third volume (to 1700) of which is now being prepared for press, have been reviewed already in the major aesthetic journals in Europe and America following their publication in Polish. Since Polish is not one of my languages, I can say nothing about the adequacy of the (rather obscured) translators and their work. The editors of both volumes have done their difficult work thoroughly, though the usual inconsistencies of spelling and such creep in. British spellings of judgement, centre, and colour, for example, appear in one part of a volume, while center, color, and judgment appear in another part. These are rare and not at all irksome details. On p. 220 of volume I, Aristotle has become a Stagiryte (sic). If the editors and translators actually re-checked all of those Greek, Polish and English texts--to say nothing of the Latin--they have earned a very large debt indeed. Again, my selective ignorance eliminates me from assessment. Tatarkiewicz' historical writing is surgical and Lacon-like. His major achievement lies in refraining from philosophical animadversions and for sticking strictly to his topic, no matter how tempting the theoretic distractions. Actually one expects a history of aesthetics to find the locus of aesthetic theory in the usual systematic frameworks of outstanding philosophers, but again Tatarkiewicz knows better than to try to provide these settings. His device is to stay exactly with the texts of authors, and to provide as much evidence for his statements as a printed work will allow. His scholarship is truly prodigious, and the work will live as reference for a long time to come. But it is more than a reference. There are some remarkable novelties included that bear mention. First of all, Tatarkiewicz' opening analysis of what must be included in a history of aesthetics is penetrating and convincing. In addition to the major "dualities" of aesthetics (beauty-art, subjective-objective aesthetics, psychological-sociological aesthetics, descriptive-prescriptive aesthetics, etc.) he simply accepts the necessity to find evidence of aesthetic history among statements by artists, among the inexplicit and inarticulate art works, in the vox populi and cultural actions of people. Thus the "evidence" he adduces will often displease the theoretical purist. Next, one is impressed by the great antiquity of some key issues that are being avidly pursued today. What is impressive is not that they are being repeated now, but that modern writers so rarely recognize (or acknowledge) their historical sources---or seem to care to. A careful study of this history might do much to reduce the growing volume in aesthetics----or at least to change the direction of emphasis significantly. One is surprised to note which figures emerge as of first rate importance in the history of aesthetics, important for different reasons. These figures stand out: Democritus, Plotinus, Aristotle, Vitruvius, the Pseudo-Dionysius, Johannes Scotus Erigena, to select only a few. The first Polish philosopher, Vitelo, anticipates much modern psychologizing in advancing the work of Alhazen. Ockham, not so surprising, contributes major advances, as do Augustine and Aquinas. BOOK REVIEWS 111 One fascinating item is the author's extensive account of the most violent and extended controversy in the history of aesthetics---the veneration of images and the disputes between the Iconoclasts and the Iconophiles. This sometimes physical battle raged for over 100 years! The Byzantine society, obviously, took art seriously. Tatarkiewicz' great labor is an object lesson in historiography and bibliographic technique. At one and the same time it demonstrates how much of value remains to be discovered by careful adherence to the detail of scholarship, while it also displays how much fruitful scholarship depends upon a brilliant and profoundly informed mind. Such a work, in short, could only have descended from a fully mature... (shrink)

Thetext of the de Caelo was the subject of an interesting article in the Rivista Storia Antica, N.S. IX, by Dr. R. Rubrichi; he showed that where the manuscriptsdiverge, we ought to bring in the evidence of Simplicius, and that when we look closely into the sense, the commentator's reading is in most cases decidedly preferable; he also established a fact which is familiar from editions of the othér physical treatises, namely that there is some specially close affinity between the (...) text of E and that used by Simplicius. (shrink)

In their 2010 book, Biology’s First Law, D. McShea and R. Brandon present a principle that they call ‘‘ZFEL,’’ the zero force evolutionary law. ZFEL says (roughly) that when there are no evolutionary forces acting on a population, the population’s complexity (i.e., how diverse its member organisms are) will increase. Here we develop criticisms of ZFEL and describe a different law of evolution; it says that diversity and complexity do not change when there are no evolutionary causes.

N. R. Hanson's discussion of experience is criticized. Experience, though necessary for knowing, is insufficient as a basis for understanding in either science or religion. Experience alone can be misleading. We may begin with experience, but we cannot claim to understand until experience has been mediated by theory. The article is excerpted from Metaphoric Process: The Creation of Scientific and Religious Understanding (Gerhart and Russell 1984), Chapter 2.

BLWith new text and full apparatus criticus The Eudemian Ethics was one of two ethical treatises which Aristotle wrote on the subject of ethica or `matters to do with character'. Although the two works cover much the same ground, the Nicomachean Ethics is better known; the poor manuscript tradition of the Eudemian Ethics has made correct translation and interpretation of the text extremely difficult. The subject of the work is the choice of a certain means of conduct, made by a (...) `man of practical wisdom', between two extremes of behaviour: asceticism and yielding to uncontrolled impulses. Aristotle also stresses the notion of moral intention and the importance of virtue of character. This new Oxford Classical Text of the Eudemian Ethics is the result of many years of work. After Sir David Ross's death, his original text was substantially reworked and revised by his friend and colleague R. R. Walzer, who was aided in the revision by his former pupil Mrs Jean Mingay, who continued his work after his death in 1974. Mrs Mingay was fortunate in being able to make use of previously unpublished contributions from D. J. Allan after his death in the late seventies, and more recently has been helped in her work by the suggestions of Professor D. A. Russell, David Robinson, and Christopher Rowe. (shrink)

In this article, I make the case for the continued relevance of Plato’s Timaeus. I begin by sketching Allan Bloom’s picture of the natural sciences today in The Closing of the American Mind, according to which the natural sciences are, objectionably, increasingly specialized and have ejected humans qua humans from their purview. I argue that Plato’s Timaeus, despite the falsity of virtually all of its scientific claims, provides a model for how we can pursue scientific questions in a comprehensive (...) way that stresses their connections to other disciplines, including the humanities, and that puts humanity qua humanity back in the picture. I then argue that being led by Plato’s philosophy to return humanity conceptually to the natural world can improve our thinking regarding climate change and other important environmental crises. (shrink)

The Hadza foragers of Tanzania are currently experiencing a nutritional shift that includes the intensification of domesticated cultigens in the diet. Despite these changes, no study, to date, has examined the possible effects of this transition on the food collection behavior of young foragers. Here we present a cross-sectional study on foraging behavior taken from two time points, 2005 and 2017. We compare the number of days foraged and the type and amount of food collected for young foragers, aged 5–14 (...) years, in age- and season-matched samples. Compared with 2005, in 2017 fewer subadults left camp to forage, and overall, they targeted a smaller variety of wild foods, with the noticeable absence of wild honey, figs, and tubers. In addition, participants in 2017 were significantly more likely to have attended school. Despite the increased presence of domesticated plant foods in the diet and increased attendance at school, some young foragers continue to be highly productive in collecting wild, undomesticated foods. Despite the preliminary nature of our results, our findings suggest that the range of wild foods targeted by subadults is decreasing as the amount of domesticated cultigens in the diet increases. These data underscore the importance of studying diet composition and foraging decisions across temporal, nutritional, and ecological landscapes. (shrink)