Political honors are ubiquitous in public life, whether in the form of public monuments, street names, or national holidays. Yet such honors have received scant attention from normative political theorists. Tackling this gap, I begin by criticizing a desert-based approach to political honors. I then argue that morally appropriate honors are best understood as marking and reinforcing the moral commitments of the collective in whose name they are being awarded. I show how this (...) thesis clarifies and organizes core intuitions regarding a variety of honors, from those commemorating slave-owning founders of the United States to the Nobel Peace Prize. (shrink)

With its June 2004 statement Catholics in Political Life, the United States Conference of Catholic Bishops opened an important and far-reaching discussion about how Catholic individuals ought to comport themselves in political life, and-indirectly-about how Catholic institutions-including Catholic law schools-ought to decide whether or not to give awards, honors, or platforms to those whose views about key moral and political issues may differ from the views expressed in the teachings of the Catholic Church. On the basis (...) of a simple and straightforward reading of the 2004 statement, it might appear that the bishops wanted to say that no Catholic institution-and thus no Catholic law school-should give awards, honors, or platforms to those who endorse or promote views that differ from the fundamental moral teachings of the Church. An important part of the statement plainly declares: "The Catholic community and Catholic institutions should not honor those who act in defiance of our fundamental moral principles. They should not be given awards, honors or platforms which would suggest support for their actions." A few moments of reflection will reveal, however, that the issue here is somewhat more complicated than what one might infer from a simple and straightforward reading of the statement. The aim of the present paper is not to settle the question of whether and how a Catholic law school ought to give awards, honors, or platforms to certain individuals or groups. Instead, the aim is to begin articulating some of the underlying conceptual issues that perhaps ought to be addressed in preparation for answering the further question of whether and how a Catholic law school ought to give awards, honors, or platforms to certain individuals or groups. (shrink)

I read Montesquieu’s 'Persian Letters' as an attempt to theorize a liberated alternative to despotic rule. As Montesquieu argues in 'The Spirit of the Laws,' fear—specifically fear of the ruler’s emotional and material excesses—dominates the life of the despotic subject. Although in the 'Letters' the seraglio is the despotic state’s parallel, the seraglio is the site of over owing and barely governed passions. Montesquieu’s solution to the excesses of the seraglio is not the eradication of emotion; rather, he o ers (...) a template for transforming negative passion—fear—into courage, a prelude to a potentially liberating experience. is transformation is portrayed most clearly in the character of Roxane, the rebellious wife whose courageous actions precipitate the collapse of the seraglio. I argue that Roxane’s insurrection and suicide evoke a model established by the Roman matriarch Lucretia. Though not traditional political actors themselves, both Lucretia and Roxane anticipate the possibility of a personal and political liberation through their refusal of fear-based, despotic politics in favour of alternative emotional regimes based in courage. (shrink)

The term, "objectionable commemorations”, refers to a broad category of public artefacts – such as, and especially, memorials, monuments and statues – that are regarded as morally problematic in virtue of what or whom they honour. In this regard, they are a special class of public artefacts that are subject to public contestation. In this paper, we survey the general ethical and political issues on this topic. First, we categorise the arguments on offer in the literature, concerning the objectionable (...) nature of such commemorations. Second, we review common political responses to objectionable commemorations. Finally, we identify fruitful areas for further philosophical inquiry on this topic. (shrink)

Political liberalism is supposed to be neutral among reasonable comprehensive doctrines, including comprehensive liberalism. Some critics think that it implicitly assumes comprehensive liberalism. I argue that political liberalism has the resources to avoid this charge and chart a path between sectarianism and unprincipled accommodation that allows a range of policy justifications onto the political agenda of a scope that honors the ideal of neutrality.

Three very different things present themselves under the title “politics,” even when we restrict the domain of politics to civic concerns. One is the highly partisan activity that begins with the distinction between friends and enemies and culminates in wars or elections. Another is legislation, litigation, and diplomacy, often making use of conciliatory negotiation with adversaries (no longer “enemies” but honorable fellows). The third is civic action aimed at limiting, circumventing, or constraining the role of the first two. I call (...) the first kind “zero-sum politics,” the second “integrative politics,” and the third “anti-politics,” anti-politics having affinities with what Pettit calls anti-power. My aim is to distinguish the three by sketching their salient differences. The important point, as Wittgenstein said, is that these language-games are played. Clarity about their differences can enhance both our understanding of public affairs and the quality of public discourse. (shrink)

1 Responsibility and self-control................................. 1 Michael Smith 2 The capacity to have done otherwise: an agent-centred view 21 Philip Pettit 3 Private law and private narratives.............................. 37 Arthur Ripstein 4 Honoré on responsibility for outcomes........................ 61 Stephen R. Perry 5 Responsibility and fault: a relational and functional approach to responsibility 81 Peter Cane 6 Obligations and outcomes in the law of torts............... 111 John Gardner 7 Unpacking “causation‘....................................... 145 Jane Stapleton 8 Private law: between visionaries and bricoleurs............... 187 William Lucy (...) 9 Appreciations and responses................................. 219 Tony Honoré Index................................................... 241. (shrink)

An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.

Expressing views not easily placed within any one school of opinion, this collection of the papers of Tony Honore reflects the author's contribution, as both critic and participant in debate, to the study of legal philosophy over the last twenty-five years. His wide-ranging essays cover such topics as motivation to conform to the law, norms and obligations, and rights and justice, and conclude with an essay supporting the use of law to encourage or reinforce morality.

Pour comprendre l'oeuvre de Teilhard de Chardin, qui aura tant innové, il convient de ne pas s'arrêter à quelques textes. Une lecture ininterrompue de tous les écrits de Teilhard, du début à la fin, s'avère indispensble, souligne B. Honoré, psychiatre et philosophe.

Pour l'auteur, les oeuvres de Heidegger et de Teilhard de Chardin entrent en résonance et font évoluer les modalités de la pensée et de la foi. Il est alors possible de penser et de croire à un humanisme humanisant.

Can we refer to objects which do not exist? Searle says that we cannot. He postulates an ‘axiom of existence’ such that, if an object does not exist, we cannot refer to it. This ‘axiom of existence’ could be taken simply as a way of defining the notion of ‘reference’; we would not count a reference to a non-existent object as a ‘reference’ in the philosophical sense; or perhaps it might count as a reference but not as a ‘successful’ or (...) ‘consummated’ reference, to use the terminology which Searle sometimes adopts. Whichever way we take Searle's doctrine I wish to argue that it is objectionable. The conceptual scheme he advocates obscures the truth. But I do not deny that there is a temptation to resort to it, and I hope to show that, where lawyers have yielded to the temptation, pernicious doctrines have resulted. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Calvin's Political Theology and the Public Engagement of the Church: Calvin's Two Kingdoms by Matthew J. TuiningaGuenther ("Gene") HaasCalvin's Political Theology and the Public Engagement of the Church: Calvin's Two Kingdoms Matthew J. Tuininga CAMBRIDGE: CAMBRIDGE UNIVERSITY PRESS, 2017. 258 PP. £69.99 / £27.99In recent years, a vigorous debate has arisen within Reformed circles concerning the nature of the two kingdoms theology of John Calvin. Although (...) all recognize that Calvin articulated a distinction between the spiritual kingdom of the church and the political kingdom of the state, there is disagreement over [End Page 211] the nature of the engagement of Christians with the temporal kingdom and over what should guide the state in enacting civil justice and order.The Kuyperian Neo-Calvinist movement holds a transformationalist understanding of the engagement of members of the spiritual kingdom with all vocations and spheres of life. Alternatively, two kingdoms Reformed theologians, such as David VanDrunen and Michael Horton, argue that the Reign of Christ is confined to the spiritual kingdom and must not be brought to bear directly on the temporal kingdom. Matthew Tuininga's book supports the latter view in his exposition of Calvin's political theology. Tuininga argues that Calvin articulated a sharp distinction between church and political society, such that politics is seen not as "a means of transforming society into the kingdom of God according to the dictates of Christian scripture, but as an endeavour to secure temporal order and civil righteousness in accord with reason, natural law, and the virtues of charity and prudence" (1).Tuininga begins by situating Calvin and his two kingdoms theology in their historical and political context, indicating Calvin's concern for the autonomy of church contra government interference. The central chapters (3–6) present the eschatological basis for Calvin's two kingdoms doctrine and detail the development of this theme in Calvin's thought. The Kingdom of God is identified with the church and its spiritual authority. It is distinct from the state's temporal authority, whose role is to maintain civil righteousness and order. To support this distinction between the mandate of the two kingdoms, Tuininga presents in chapter 7 the novel, and debatable, claim that Calvin holds to two covenants of God with Israel: the covenant of grace made with Abraham and confirmed at Sinai and the narrower covenant of the law for Israel's national life, in which God's blessings and punishments were conditional on Israel's obedience and disobedience. Although this legal covenant—with its earthly and temporal character—is embedded in the broader covenant of grace, it is abolished with the fulfillment of the covenant of grace in the coming of Christ. Only the covenant of grace—with its heavenly, inward, and spiritual character—remains in force for God's people today.Chapter 8 argues that Calvin's views on the mandate of the magistrate to protect religion and enact public justice is based not on appeals to scripture but to reason, the evidence of national laws, and natural philosophy. In chapter 9 Tuininga unfolds the implications of Calvin's two kingdoms theology for Christian political involvement in society. And in his conclusion, Tuininga unfolds numerous ways that this two kingdoms theology can guide contemporary Christians' engagement with modern liberal democracies.This work is a welcome exposition of Calvin's political theology to support the two kingdoms theology. However, in addition to the novel, and debatable, claim that God made two covenants with Israel, this reviewer finds that Tuininga's exposition fails to incorporate key points in Calvin's thought: the failure of civil rulers' to enact natural law faithfully and consistently (2.2.13, 23; 3.14.2), [End Page 212] the description of the calling of civil authority as "holy and lawful before God … the most sacred and by far the most honorable of all callings" (4.20.4), and Calvin's claim that the best rulers are those governing according to both tables of the Decalogue (4.20.9–11). Nevertheless, this book is an important contribution to the ongoing debate and should be widely read.Guenther ("Gene") HaasRedeemer University CollegeCopyright © 2018... (shrink)

If positivism is interpreted as requiring that nothing is law that does not conform to socially accepted criteria, it is inconsistent with positive law. This is because law purports to be morally in order. Hence it is always possible to argue against a certain interpretation of the law that it is morally indefensible and there is always a certain pressure within a legal system to render it morally defensible. In that way critical morality necessarily becomes a persuasive source of law.

The first text of Justinian’s sixth century Digest records that Ulpian, the leading lawyer from Syria and counsellor to successive emperors of the Severan age (AD 193-235), related the term ‘law’ to four elements: art, religion, ethics and philosophy.2 Law is the art of the good and equitable, of which lawyers can well be called priests. They cultivate justice and the knowledge of right and wrong, and aim, unless Ulpian is mistaken, at the true philosophy.3 He goes on to say (...) that private law is collected from three sources: natural law,4 the law common to all communities (ius gentium) and the law specific to each community (civil law).5 Gaius, a generation earlier, listed two sources: the civil law of each community and the ius gentium.6 He recognized, however, the existence of natural law which, so far as performing a ‘natural obligation’ is concerned, cannot be changed by civil law.7 At times he identifies natural law with ius gentium. (shrink)

This article* concerns some texts attributed in the Digest to Paul but which seem really to be texts of Ulpian. The reason for thinking that these texts are wrongly inscribed is mainly the difference in style between the two writers, but also turns in part on the way in which Digest titles were constructed. Moreover differences of style are not ultimately distinct from differences in legal outlook.

Here is an introduction to the intellectual challenges presented by law in the western secular tradition. Treating not just British law, but the whole western tradition of law, Professor Honore guides the reader through eleven topics which straddle various branches of the law, including constitutional and criminal law, property, and contracts. He also explores moral and historical aspects of the law, including a discussion of justice and the difference between civil and common law systems. The law, Honore argues, is mainly (...) concerned with the question of obedience to authority, and establishing the situations in which obedience is required and those in which it may be waived ought to be the central concern of all legal theorists. (shrink)

Un ouvrage de Gaston Pineau, intitulé Produire sa vie. Autoformation et autobiographie a mis Bernard Honoré en chemin d'une réflexion sur le double enracinement de la formation en soi-même (autoformation) et hors de soi, par les autres et par l'environnement (hétéroformation). Ce chemin l'a amené à voir dans les histoires de vie un important courant de recherche méthodologique dans la découverte du sens de la formation en ses diverses pratiques. Puisse ce livre amener le lecteur sur une voie réflexive analogue, (...) le conduisant à explorer le sens des pratiques formatives dans lesquelles il est engagé. L'expérience d'une ouverture à la dimension existentielle de la formation par la pratique des histoires de vie, en référence à 1'autoformation, devrait inciter à questionner le sens d'un parcours en formation. (shrink)

While Hume had a favorable opinion of the new commercial society, Reid envisioned a utopian system that would eliminate private property and substitute the profit incentive with a system of state-conferred honors. Reid’s predilection for a centralized command economy cannot be explained by his alleged discovery of market failures, and has to be considered in the context of his moral psychology. Hume tried to explain how the desire for gain that motivates the merchant leads to industry and frugality. These, (...) in their turn, benefit all society. Reid still saw the desire for money as a degenerate form of the desire for power. The contrast between Hume and Reid, however, has not to be taken too far. On some particular matters of economic policy, such as paper credit, Hume and Reid eventually came to similar views. (shrink)

The human genome contains about 30,000 genes, each creating several transcripts per gene. Transcript structures and expression are studied by high‐throughput transcriptomic techniques using microarrays. Generally, transcripts are not directly operating molecules, but are translated into functional proteins, post‐translationally modified by proteolysis, glycosylation, phosphorylation, etc., sometimes with great functional impact. Proteins need to be analyzed by proteomic techniques, less suited for high‐throughput. Two‐dimensional polyacrylamide gel electrophoresis (2D‐PAGE), separating thousands of proteins has developed slowly over the past quarter of a century. (...) This technique is now quite reproducible and suitable for differential proteomics, comparing normal and diseased cells/tissues revealing differentially regulated proteins. 2D‐PAGE is combined with protein‐identification methods, currently mass spectrometry (MS), which has been significantly improved over the last decade. Other proteomic techniques studying protein–protein interactions are now either established or still being developed, such as peptide or protein arrays, phage display, and the yeast two‐hybrid system. The strengths and weaknesses of these techniques are discussed. BioEssays 26:901–915, 2004. © 2004 Wiley Periodicals, Inc. (shrink)

Although many aspects of the physiological and pathophysiological mechanisms remain unknown, recent advances in our knowledge suggest that the CREC proteins are promising disease biomarkers or targets for therapeutic intervention in a variety of diseases. The CREC family of low affinity, Ca2+‐binding, multiple EF‐hand proteins are encoded by five genes,RCN1,RCN2,RCN3,SDF4, andCALU, resulting in reticulocalbin, ER Ca2+‐binding protein of 55 kDa (ERC‐55), reticulocalbin‐3, Ca2+‐binding protein of 45 kDa (Cab45), and calumenin. Alternative splicing increases the number of gene products. The proteins are (...) localized in the cytosol, in various parts of the secretory pathway, secreted to the extracellular space or localized on the cell surface. The emerging functions appear to be highly diverse. The proteins interact with several different ligands. Rather well‐described functions are attached to calumenin with the inhibition of several proteins in the endoplasmic or sarcoplasmic reticulum membrane, the vitamin K12,3‐epoxide reductase, the γ‐carboxylase, the ryanodine receptor, and the Ca2+‐transporting ATPase. Other functions concern participation in the secretory process, chaperone activity, signal transduction as well as participation in a large variety of disease processes. (shrink)

This is a thoroughly revised edition of the only full-scale work about possibly the most influential lawyer of all time, the Syrian Ulpian. Ulpian wrote a massive survey of Roman law in 213-17 AD and the author argues that his philosophy of freedom and equality make him a pioneer of human rights.