This article defends a non-positivist theory of law, that is, a theory that accepts the necessary connection between legal validity and moral correctness by reference to the work of John Finnis. It begins with the dual nature of law as comprising both a real or factual dimension and an ideal dimension. Important examples show that at least some kinds of moral defect can deprive law of validity from the perspective of a participant in the legal system. The (...) nature of the connection between moral defectiveness and legal defectiveness is specified in terms of three possibilities: exclusive non-positivism, in which all cases of moral defect render law invalid; inclusive non-positivism, in which moral defect renders law invalid in some cases; and super-inclusive non-positivism, in which legal validity is not affected by moral defect at all. The paper argues for inclusive non-positivism as exemplified by the Radbruch Formula, according to which extreme injustice is not law, and which strikes the right balance between the ideal and real dimensions of law, against John Finnis’s account, which can be seen as an example of super-inclusive non-positivism, although his most recent work has tended towards the inclusive version. (shrink)

The main purpose Robert Alexy tries to achieve with The argument from Injustice and all the other works he wrote on the same topic is to prove, against legal positivism, that law is a bidimensional concept comprising both a real or institutional dimension and an ideal one. As we know, positivism believes that law is valid for formal or factual reasons that just contingently, this is the inclusive variant, may incorporate moral elements; otherwise Professor Alexy believes that law, (...) the concept of law, is to be defined such that, alongside these fact oriented-properties, moral elements must be included. This paper is intended to analyse the core of Professor Alexy’s connection argument between factual and ideal dimensions of the law, in order to support this central conclusion: his theory is only perfectly acceptable as a theory “of and about” democratic and constitutional legal systems, and not if intended as a theory “of and about” the concept of law. (shrink)

These are the answers I gave to Brian Bix, Peter Koller, Ralf Posher, Torben Spaak, Timothy Endicott, and Jan Sieckmann at the end of a splendid conference day in 2018. The critique given to me concerned important aspects of three main themes in my work: the claim to correctness, human and constitutional rights, and the ideal dimension of law. In the last decades I have attempted to connect these themes systematically. The result is the idea of democratic constitutionalism (...) as an institutionalization of practical reason. (shrink)

Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument fromInjustice (OUP 1992).The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does (...) not play a systematically important role. Part Two discusses constitutional rights, human rights, andproportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation,correctness, and law. The author concludes this volume with a biographical reflection. (shrink)

. The author aims at defining the borderlines of the concept “rule of law.” This has been often inflated to encompass several dimensions of an ideal legal order. The author on the contrary believes that the “rule of law” ought to be a “thin” ideal. As a matter of fact, when the “rule of law” signifies almost any dimension of an ideal legal order, it comes to stand for nothing essential in particular. Deflation is then advocated (...) for the rehabilitation of the normative content of the “rule of law.” This means that the “rule of law” should be defined as a concept covering only some well delimited dimensions of an ideal legal order. (shrink)

The author aims at defining the borderlines of the concept “rule of law.” This has been often inflated to encompass several dimensions of an ideal legal order. The author on the contrary believes that the “rule of law” ought to be a “thin” ideal. As a matter of fact, when the “rule of law” signifies almost any dimension of an ideal legal order, it comes to stand for nothing essential in particular. Deflation is then advocated for (...) the rehabilitation of the normative content of the “rule of law.” This means that the “rule of law” should be defined as a concept covering only some well delimited dimensions of an ideal legal order. (shrink)

Understandings of law and politics are intrinsically bound up with broader visions of the human condition. Sean Coyle argues for a renewed engagement with the juridical and political philosophies of the Western intellectual tradition, and takes up questions pondered by Aristotle, Plato, Augustine, Aquinas and Hobbes in seeking a deeper understanding of law, politics, freedom, justice and order. Criticising modern theories for their failure to engage with fundamental questions, he explores the profound connections between justice and order and raises the (...) neglected question of whether human beings in all their imperfection can ever achieve truly just order in this life. Above all, he confronts the question of whether the open society is the natural home of liberals who have given up faith in human progress, or whether liberal political order is itself the ideal society? (shrink)

Cyberspace, a term popularized in the 1984 novel Neuromancer, was used by William Gibson to describe the ‘consensual hallucination’ and interstitial online world that lies between the reality of our world and that of the surreal terrain of dreamscapes. While many attempts have been made to describe this intangible, yet seemingly perceptible space, the digital domain as a metaphor mirrors in many ways our own inadequate understanding of consciousness. Conversely, the physicist Michio Kaku explains that our reality is bounded by (...) hyperspace – a multi-dimensioned space beyond our quotidian 3D existence that runs parallel, or tangential, to us along with the phenomenon of time. Indeed, if space and time (here considered as space–time) are a consolidated whole in the physical sense, perhaps our consciousness, as a structure manifest within this continuum may itself be thought of as a sensorial projection of this amalgam that attempts to observe and make sense, or meaning, of this condition. In truth, what if our need and delight in storytelling is driven by the evolution of our biology, as well as our impulse to locate our place in the universe? This article will attempt to examine and delimit the narrative confines of space–time as an appeal to, and an endeavour at, uncovering the alterity of storytelling as a function of consciousness. It will visit the realms of the holograph, quantum mechanics, virtual and augmented realities, as well as other scientific and philosophical tracts as a means to investigate and explore the physiology of space and our imperative desire to share stories. (shrink)

In this article, I take up two arguments in favor of the discursive model of legal argumentation: the claim to correctness argument and the dual nature thesis. The argument of correctness implies the dual nature thesis, and the dual nature thesis implies a nonpositivistic concept of law. The nonpositivistic concept of law comprises five ideas. One of them is the special case thesis. The special case thesis says that positivistic elements, that is, statutes, precedents, and prevailing doctrines, are necessary for (...) law in order to achieve legal certainty. Without this, law would not be as perfect as it could possibly be. But it says, at the same time, that this alone would not be enough to fulfill the claim to correctness. The claim to correctness refers not only to the real dimension of law, defined by statutes, precedents, and prevailing doctrines, but also to its ideal dimension, defined, first and foremost, by justice. The special case thesis is my oldest thesis. It has remained an essential element of my system over the years. Its connection with four other theses—the Radbruch formula, the human rights thesis, the idea of deliberative democracy, and principles theory—does not change this at all. On the contrary, this connection has lent greater strength to the special case thesis. (shrink)

If there is a second dimension of time – a so-called ‘hypertime’ – is it logically possible for the past to change? Some have said yes; others have said no. I say yes provided that one has the appropriate ontological view of hypertime. So far, the ontology of hypertime has seldom been discussed. As such, this paper not only defends the logical possibility of a changing past, but aims to start a discussion on what ontological commitments are required to (...) make sense of a changing past. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

The central argument of this article turns on the dual‐nature thesis. This thesis sets out the claim that law necessarily comprises both a real or factual dimension and an ideal or critical dimension. The dual‐nature thesis is incompatible with both exclusive legal positivism and inclusive legal positivism. It is also incompatible with variants of non‐positivism according to which legal validity is lost in all cases of moral defect or demerit (exclusive legal non‐positivism) or, alternatively, is affected in (...) no way at all by moral defects or demerits (super‐inclusive legal non‐positivism). The dual nature of law is expressed, on the one hand, by the Radbruch formula, which says that extreme injustice is not law, and, on the other, by the correctness argument, which says that law's claim to correctness necessarily includes a claim to moral correctness. Thus, what the law is depends not only on social facts, but also on what the law ought to be. (shrink)

Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space (...) of regions, and objects may exist and achieve homeomorphism within several different spatial systems. Technologies such as the Zimbabwe Bush Pump present a fluid object which is able to exist and cohere without the presence of fixed boundaries or the permanence of a particular functional definition. The network logic, however, which gravitates towards stability and functionality, tends to exclude and silence this spatial Other. An alternative political ontology is needed which goes beyond the reification of network space in order to give voice to the fluid objects which escape its unidimensional functionality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:482 HISTORY OF PHILOSOPHY G. E. Michalson, Jr. TheHistoricalDimensions ofaRattonalFaith. Washington, D.C.: University Press of America, 1977. Pp. 222. $8.65. The primary intentionof this work is to argue that historical or ecclesiastical religion plays a vital role in Kant's religious thought, because it is necessary to provide a sensible content for the purely formal doctrine of Kant's "moral" religion. But Michalson resists that this strategy cannot succeed, because of (...) the technical requirements of Kant's eplstmology, and that we must ultimately encounter an "impasse" in Kant's thought on history and religion (pp. 77, 134, 169). This is an area of Kant's thought that has not until recently received the attention it deserves. A careful consideration of all the related issued helps one to recognize, from perhaps the most beneficial standpoint, how all the various parts of Kant's philosophical scheme fit together. Michalson quite rightly maintains that we must remain within the epistemological framework Kant has established for the Critical Philosophy. But unfortunately he recognizes only the negative aspects of this framework. What he chooses to call "Kant's principle of human limitations" (mentioned thirtynine times) is the essential element in his interpretation. Secondly, Michalson is unwilling to follow the lead of other commentators (e.g., Michel Despland and Ylrmiahu Yovel) in broadening the context still further in order to take into account the full scope of Kant's philosophical project. These two defects persist throughout Michalson's analysis, and ultimately they prevent any fruitful conclusions. The approach employed, in its most simple form, ~sto point out that historical religion belongs to the phenomenal order and that morality (as the basis for Kant's technical rehgious position) belongs to the noumenal order. Kant's recognition of the need to bridge this gap is dealt with in terms of the "schematism of analogy" (pp. 95, 112-13) mentioned in Religion withinthe Ltmits ofReasonAlone. Michalson provides an interpretation of the schematism m Chapter 3 and concludes that "Kant's Religion is not altogether consistent with certain basic teachings of the critical philosophy" (p. 132). His attempt to deal with this problem carries him into a discussion of teleology and the highest good (Chapter 4), and it is only in this concluding chapter that his various interpretive errors crystallze and produce their Inevitable consequences. Rather than emphasizing the negative aspects of Kant's conception of man, Despland offers Kant's positive perspective on man and his destiny----drawing, for example, on the Anthropologyfrom a PragmaticPoint of View. Employing equally good judgment, Yovel provides an interpretation of the highest good which shows it as the culmination (in the indefinite future) of the concrete process through which man's social, political, educational, and religious development takes place. These perspectives permit the historical dimension (both religious and secular) to be gradually transformed by the imposition of moral designs--as men ~lowly and painfully assume responsibility for directing the blind laws of nature into patterns that serve moral ends. Such commentators help us to see more clearly what Kant was attempting to achieve and how the elements of his total philosophical scheme are to be understood as interconnected. Michalson, on the other hand, has only his impasse to offer us. Because history is phenomenal and religion (as morality) is noumenal, he maintainsthat no bridge is possible between the two realms. But this is simply a failure to recognize Kant's strategy. For Kant is very careful to restrict knowledge (in the strict sense) to the phenomenal order. But he is equally clear in asserting that it is legitimate (indeed, necessary) to postulate those conditions which alone make it possible for us to act in conformity with the moral law. Therefore, we must postulate not only God and immortality but the possibility of a worldly order which conforms both to the laws of nature and to the moral law. And for Kant these postulates have the full strength of rational truths, m that--like the postulates of mathematics -reason cannot reject them. Interpreting Kant's phenomenon-noumenon distinction strictly (but misapplying it), Michalson insists that such a projected ideal state of the world is inconsistent with Kant's epistemological commitment. For such... (shrink)

In Beck, focus intervention is used as an argument for reducing Hamblin’s semantics for questions to Rooth’s focus semantics. Drawing on novel empirical evidence from Mandarin and English, we argue that this reduction is unwarranted. Maintaining both Hamblin’s original semantics and Rooth’s focus semantics not only allows for a more adequate account for focus intervention in questions, but also correctly predicts that focus intervention is a very general phenomenon caused by interaction of alternatives in different dimensions.

When we think about our way of seeing, appreciating and understanding the different forms and manifestations of the life of the mind in human civilization, we become aware of a rather surprising fact. We are ready and spontaneously inclined to place them in a historical perspective and consequently to judge them according to a “historical consciousness”, with practically only one exception, that of science. No one finds it difficult to admit that the poetry of Homer, Virgil, Dante, Goethe or Baudelaire (...) has always been an authentic poetry, attaining the heights of absolute value and even at times being incomparable, all the while recognizing that to understand this poetry, to appreciate its nobility and penetrate its meaning the effort must be made to put it within its historical context (and ideally to put oneself within that context) rather than to judge it according to the modes and forms of the poetry of our own day. What we have just said regarding poetry also applies to music, the fine arts, philosophy, law, social and political institutions, ethical concepts, religions and customs. In the case of science, on the other hand, such a historical consciousness is almost entirely lacking, even among cultivated people: the history of the sciences is not normally a part of the store of knowledge of these people, but this situation, far from being the cause of such a lack of historical consciousness, is rather the consequence. This is because we are unconsciously persuaded that science is not properly speaking a historical phenomenon; we have the impression that it has not had a real history. (shrink)

What is the core of legal scholarship? How can we understand its relation to other disciplines, such as moral and political philosophy, sociology, and economics? I explore these questions by analysing the impact of the dual nature thesis. Criticising established theories of legal scholarship, I defend the ideal of an integrative jurisprudence. Integrative jurisprudence combines the two dimensions of law by employing analytical, empirical, and normative methods. I then discuss three objections and address the problem of how to bridge (...) is and ought. In the course of my analysis of three different bridge theories, I ultimately further develop the dual nature thesis into a triadic nature thesis. (shrink)

The Laws was Plato's last work, his longest, and one of his most difficult. In contrast to the Republic, which presents an abstract ideal not intended for any actual community, the Laws seems to provide practical guidelines for the establishment and maintenance of political order in the real world. With this book, the distinguished classicist Seth Benardete offers an insightful analysis and commentary on this rich and complex dialogue. Each of the chapters corresponds to one of the twelve books (...) of the Laws, illuminating the major themes and arguments, which have to do with theology, the soul, justice, and education. The Greek word for law, "nomos," also means musical tune. Bernardete shows how music--in the broadest sense, including drama, epic poetry, and even puppetry--mediates between reason and the city in Plato's philosophy of law. Most broadly, however, Benardete here uncovers the concealed ontological dimension of the Laws, explaining why it is concealed and how it comes to light. In establishing the coherence and underlying organization of Plato's last dialogue, Benardete makes a significant contribution to Platonic studies. (shrink)

The volume comprises a selection of papers delivered at the 24th IVR World Congress. All papers address the challenge of the construction of a Global Ethics in the context of fragmented and pluralist societies, in which the idea of an Ethical Space seems to be an unachievable project, but also an indispensable device for cooperation between individuals, communities and states.The idea of a Global Ethics is to be constructed from within different traditions and environments with a mutual understanding and exchange (...) of opinions. In this volume, we combine the ideas of Harmony (typical of the traditional Chinese legal philosophy) and of the Rule of Law (as it is understood in Western societies) to new ideals. By acknowledging the potential that these ideals have on a global scale, the papers of the first section, Ethical Dimensions of the Rule of Law address some of the key ethical problems in today's world. In a second section, some of the leading legal philosophers in China propose a way to incorporate the values of Harmony and of the Rule of Law into the Chinese Law and Society. (shrink)

Duty of care is the core ethical responsibility of healthcare workers. Getting the workforce vaccinated will provide safety to the public, protect the vulnerable population and provide a safe working environment. While most agree that healthcare workers should be prioritised in the vaccination programme, mandatory vaccination remains a complicated and contentious issue with political, legal and ethical dimensions. This study aims to determine the ethical considerations associated with mandatory vaccinations among healthcare workers. A total of 152 abstracts were identified of (...) which, 142 were excluded based on abstracts because they did not meet the inclusion criteria. The remaining ten articles were further evaluated with three articles that fit the inclusion criteria specifically discussing mandatory vaccination among healthcare workers and the ethical issues. Benefits, risks, effectiveness, equity and justice, autonomy, reciprocity and trust were used as a framework to discuss the ethical considerations which resonated both directly from the included papers, as well as more generally from the other literature associated with this search. There is limited literature on the topic of ethical considerations associated with COVID-19 mandatory vaccination of healthcare workers, as a systematic review identified only 3 papers. Benefits, risks, effectiveness, equity and justice, autonomy, reciprocity and trust were among the seven ethical considerations identified and discussed. (shrink)

Legal theorist Desmond Manderson and Shakespearean Paul Yachnin develop parallel arguments that seek to restore a public dimension of responsibility to literary studies and a private dimension of responsibility to law. Their arguments issue from their work as the creators of the Shakespeare Moot Court at McGill University, a course in which graduate English students team up with senior Law students to argue cases in the “Court of Shakespeare,” where the sole Institutes, Codex, and Digest are comprised by (...) the plays of Shakespeare. Yachnin argues that modern literary studies suffers from impermanence and isolation from real-world concerns and that it can redress these limitations—developing attributes of corrigibility, temporality, judgment, and publicity—by learning from law. Manderson finds that modern legal judgment is bereft of affective engagement with the subjects of law and wedded to an ideal of objectivity, regulation, and impersonality. Literature can restore to legal judgment the elements of narrative, character, context, and self-reflection. Together, the essays argue that the question of judgment, so integral to the disciplines of law and of literature, needs the renewal that an interdisciplinary engagement provides. (shrink)

BackgroundThe COVID-19 pandemic has presented extraordinary challenges to worldwide healthcare systems, however, prevalence remains low in some countries. While the challenges of conducting research in high-prevalence countries are well published, there is a paucity from low COVID-19 countries.MethodsA PRISMA guided systematic review was conducted using the databases Ovid-Medline, Embase, Scopus and Web of Science to identify relevant articles discussing ethical issues relating to research in low prevalence COVID-19 countries.ResultsThe search yielded 133 original articles of which only 2 fit the inclusion (...) criteria and aim, with neither specific to low prevalence. Most of the available literature focused on clinical management and resource allocation related to high prevalence countries. These results will be discussed under the ethical dimensions of equity, individual liberty, privacy and confidentiality, proportionality, public protection, provision of care, reciprocity, stewardship and trust..ConclusionsA systematic review failed to identify articles relating to COVID-19 research ethics, specific to low prevalence countries. It shows that there is a significant gap in the literature that warrants further investigation. Common ethical principles were used to present a distinct set of challenges experienced by a country with a low prevalence of COVID-19. This unique perspective of some of the common ethical problems surrounding research, may help guide further discussion and guide research in similar countries. (shrink)

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

This is a series of reflections on the aesthetic dimensions of law (how it is presented and conveyed to its subjects) and justice (the ways in which justice can be aesthetically satisfying or dissatisfying).

The first segment starts with a definition of two dimensions of the concept of rule of law; related to the notion of sovereignty and as a concept to control arbitrariness on the part of the ruler. The segment proceeds to give a historical account of the notion and the different stages of its epistemological configuration, from the ancient Greek notion of Eunomia and its incompatibility with the popular rule to the current notion, where the rule of law has become fused (...) with democracy and human rights. The first segment also focuses on the relation between the concept of the rule of law and other principles, such as proportionality, neutrality, and effectiveness. The second segment of the paper analyses the phenomenon of juridification of the rule of law in international treaties and domestic constitutions. It pays particular attention to the role that constitutional accommodation plays in the process of rationalization of the rule of law as a prerequisite to its idealization and mystification. It analyses the reason why this principle is an essential feature of the constitutionalism despite the inner plurality of legal systems. The next aspect, analysed in the third segment of this paper, is the messianic use of the concept of the rule of law. The paper performs a critical definition of messianic, covering a theological perspective and the different theories and concepts that go hand in hand with the idea of the Messiah, such as the “coming”, prophetical and apocalyptical messianism, the phenomena of eschatology, expiation and redemption pictured in Judaism. The segment also covers the secular transplantation of the messianic thought. The last segment is a conclusion returning to the themes identified in the paper and summarises how the messianic thought is applied in the realm of the rule of law. (shrink)

Textbooks in quantum mechanics frequently claim that quantum mechanics explains the success of classical mechanics because “the mean values [of quantum mechanical observables] follow the classical equations of motion to a good approximation,” while “the dimensions of the wave packet be small with respect to the characteristic dimensions of the problem.” The equations in question are Ehrenfest’s famous equations. We examine this case for the one-dimensional motion of a particle in a box, and extend the idea deriving a special case (...) of the ideal gas law in terms of the mean value of a generalized force, which has been used in statistical mechanics to define ‘pressure’. The example may be an important test case for recent philosophical theories about the relationship between micro-theories and macro-theories in science. (shrink)

Cicero once stressed as the first law of history that “the historian must not dare to tell any falsehood.” This precept entails a minimal ethical requirement that remains unscathed by the whirlpools of epistemic relativism that have called many other aspects of professional historians’ practice into question in the last century or so. No commendable scholar seems willing to invalidate Cicero’s first law, and dependable scholarship—whether relying on objectivity-friendly or objectivity-hostile theoretical assumptions—follows shared standards of integrity and accuracy with which (...) someone from Cicero’s time, for instance, would never be able to comply. In this essay, I suggest that those two circumstances should dispose us more favorably toward a refreshed notion of historical objectivity pointing not only to epistemology but also to professional ethics. I address the condemnation of lying and, more generally, historians’ commitment to sincerity as a way to highlight the ethical dimension of history writing. By focusing on the deep but underexplored moral roots of objectivity, I argue that this concept is still very useful as both an analytical tool and a normative ideal. Objectivity, in the sense I underline here, does not stand in opposition to subjectivity—on the contrary, it is actually tied up with subjective dispositions, virtues, and skills that help shape responsible historiography. (shrink)

Biological knowledge does not fit the image of science that philosophers have developed. Many argue that biology has no laws. Here I criticize standard normative accounts of law and defend an alternative, pragmatic approach. I argue that a multidimensional conceptual framework should replace the standard dichotomous law/ accident distinction in order to display important differences in the kinds of causal structure found in nature and the corresponding scientific representations of those structures. To this end I explore the dimensions of stability, (...) strength, and degree of abstraction that characterize the variety of scientific knowledge claims found in biology and other sciences. (shrink)

In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including (...) the magnitude, probability, risk, and "importance" of harm. (shrink)

The book reveals different dimensions of modeling in the historical sciences. Papers collected in the first part (Ontology of the Historical Process) consider different models of historical reality and discuss their status. The second part (Modeling in the Methodology of History) presents various forms of idealization in historiographic research. The papers in the third part (Modeling in the Research Practice) present various models of past reality (e.g. of Poland, Central Europe and the general history of the feudal system) put forward (...) by historians. Other papers consider the status of scientific laws and historical generalizations. The volume will be of interest to those who study analytical philosophy of history, methodology of history and social sciences, social philosophy as well as theory and history of historiography. (shrink)

This article explores different dimensions of the concept of negligence in the law. The first sections focus on the fundamental distinction between conduct negligence, a conception that dominates tort law; and cognitive negligence, a conception that is much more important in criminal law. The last major section identifies five significant institutional functions served by a legal negligence standard: expressing a legal norm in the form of a standard rather than a rule; personifying fault; empowering the trier of fact to give (...) content to the standard; creating a secondary legal norm parasitic on a primary legal norm; and distinguishing grades of fault. These functions reveal the distinctive significance of negligence, but also disclose numerous problems that the use of such a legal standard can pose. Careful analysis of these different dimensions of negligence clarifies certain misconceptions and has important implications. For example, the question whether "negligence" is an appropriate minimum standard of liability is unanswerable until we identify the type of negligence at issue and its role in norm-definition. Similarly, comparing negligenceto supposedly "more serious" forms of fault, such as recklessness, knowledge, and purpose, is treacherous and sometimes amounts to comparing apples and oranges. A better understanding of the different conceptions of negligence and of the distinctive institutional functions of a legal negligence standard can facilitate the development of more coherent, and more justifiable, fault criteria in criminal law, torts, and other legal domains. (shrink)