Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime—Commentaries is at last (...) fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason. (shrink)

Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime-- Commentaries is at (...) last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason. (shrink)

Book reviewed in this article: Sex, Drugs, Death and the Law: An Essay on Human Rights and Overcriminalization. By David A. J. Richards. Totowa, NJ: Rowman and Littlefield, 1982. xii + 316 pp. $26.95.

This essay examines the theology of the nineteenth century Danish theologian and churchman Hans Lassen Martensen, focusing on the disputed question of the kenotic character of Martensen's Christology. A survey of the scholarship on this question is followed by discussions of Martensen's doctrine of God and his Christology, giving particular attention to his controversial notion of the double life of the Logos, i. e. the view that the Logos continued to enjoy an unlimited divine existence in the sphere of (...) eternity while simultaneously living a limited, earthly human existence for the duration of the incarnation. The essay concludes by arguing that Martensen has developed a form of Nestorianism and that his Christology can best be classified as ‘Nestorian kenoticism,’ i. e. an eccentric and problematic form of Christology which affirms the abandonment by the logos ensarkos of the divine attributes during the incarnation, while at the same time insisting that the logos asarkos remains unaffected and in full possession of his powers. (shrink)

Marriage is ordinarily a public practice, supported by, as well as supportive of, society. But it need not fall within the purview of the state. Public Practice, Private Law articulates a conception of marriage as a morally rich and important institution that ought to be subject to private rather than legislative or judicial ordering. It elaborates a robust understanding of marriage that captures what both different-sex and same-sex couples might see as valuable about their relationships. It explains why sexual ethics (...) won't yield a normative model of marriage, and why the kind of marital love worth wanting, can. It goes on to show how an understanding of marriage as rooted in demanding commitments can allow for divorce before arguing that the state should cease to sponsor marriages. It concludes by suggesting that both state and non-state institutions should acknowledge the marriages of same-sex couples. (shrink)

On normative order -- On institutional order-- Law and the constitutional state -- A problem : rules or habits? -- On persons -- Wrongs and duties -- Legal positions and relations : rights and obligations -- Legal relations and things : property -- Legal powers and validity -- Powers and public law : law and politics -- Constraints on power : fundamental rights -- Criminal law and civil society : law and morality -- Private law and civil society : law (...) and economy -- Positive law and moral autonomy -- On law and justice -- Law and values : reflections on method. (shrink)

This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jung's psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book (...) describes how the typological structure of an individual determines their understanding of law. It then addresses the way in which inclusive legal theory can be understood based on this typology. Finally, the book describes the TTL in general and descriptive terms and puts it into context. All in all, the book shows how the integral or inclusive approach to understanding the nature of law is not only in tune with our time, but also relevant for presenting a more persuasive picture of law than the older exclusivist or dualist approaches of strict natural law and rigid legal positivism did. (shrink)

First published in 1877, this book analyses the laws that govern human relations with society and with the natural world.

Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first (...) integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial. (shrink)

In the Law of Civilisation and Decay, Adams considers various societies and civilisations by the symbolism, manner and influence of their coinage, and concludes that a society or civilisation becomes sapped of its culture-vigour, when entering a cycle where money becomes the dominant factor rather than merely serving as a mechanism.

Man will never be virtuous, until his interests instruct him to be so. So long as these shall even so much as seem opposed to his virtue, he will inevitably pursue the former and renounce the latter. That which must be done, is to clear from his mind the horrible mists and fogs of prejudice--bid him no longer worship the cold prescriptions of policy, for the warm principles of justice--to free his soul from the fetters of authority--to remit and exalt (...) him to himself--to let him seek, by the light of his conscience alone, in the joyous, genial climate of his own free spirit, for all the rules of his conduct. Then, and not till then, will he be virtuous and happy.--(PsycINFO Database Record (c) 2008 APA, all rights reserved). (shrink)

The Law of Non-Contradiction - that no contradiction can be true - has been a seemingly unassailable dogma since the work of Aristotle, in Book G of the Metaphysics. It is an assumption challenged from a variety of angles in this collection of original papers. Twenty-three of the world's leading experts investigate the 'law', considering arguments for and against it and discussing methodological issues that arise whenever we question the legitimacy of logical principles. The result is a balanced inquiry into (...) a venerable principle of logic, one that raises questions at the very centre of logic itself. The aim of this volume is to present a comprehensive debate about the Law of Non-Contradiction, from discussions as to how the law is to be understood, to reasons for accepting or re-thinking the law, and to issues that raise challenges to the law, such as the Liar Paradox, and a 'dialetheic' resolution of that paradox. The editors contribute an introduction which surveys the issues and serves to frame the debate, and a useful bibliography offering a guide to further reading. This volume will be of interest to anyone working on philosophical logic, and to anyone who has ever wondered about the status of logical laws and about how one might proceed to mount arguments for or against them. (shrink)

This study explores Kant's accounts of acting from inclination and pursuing happiness. It culminates in two findings. First, Kant fails in his attempt to prove a central tenet of his ethics, namely that there can be no practical law of happiness. Second, Kant's critics have unfairly condemned his account of the role pleasure plays in acting from inclination. Chapter I, devoted to Kant's theory of agency, offers readings of his notions of willing, acting, and acting on a maxim. The chapter (...) rejects the orthodox interpretation of the will as the capacity for choice, arguing that Willkur is actually the capacity to act-on-choice. Chapter II focuses on Kant's account of the role pleasure plays in actions performed from inclination. According to the traditional interpretation, defended by T. H. Green and others, Kant holds that whenever an agent acts from inclination, she has pleasure as her only ultimate end. The chapter offers an alternative to this radically hedonistic reading, arguing that, with equal plausibility but more charity, we may interpret Kant to hold the following: whenever an agent acts from inclination, she has pleasure or the avoidance of displeasure as an ultimate end, but not necessarily as her only one. Chapter III offers a reading of Kant's views on happiness. It argues that his two main conceptions, i.e., his hedonistic and his inclination-based one, are not equivalent. Chapter IV shows that not one of Kant's six arguments for the claim that there can be no practical law of happiness succeeds. Chapter V also begins on a critical note, questioning the plausibility of Kant's conceptions of happiness. It ends by arguing that Kant's account of the role pleasure plays in acting from inclination stands up well to criticisms, including those advanced by Bernard Williams and Phillips Griffiths. With the help of this account, Kant is able to rebut the serious charge that his practical philosophy does not allow for the possibility of genuine friendship. (shrink)

Much has been written about Hume’s infamous statement that an “ought” cannot be derived from an “is,” leading many readers to wonder whether there is anything new to say about it. Salwén’s discussion of “Hume’s Law” shows that not only is there something new to say about the topic, but also that there is much more work to be done on it. His stated purpose is “to assess the tenability and significance of Hume’s law” by exploring the different ways it (...) can be interpreted and the implications each interpretation has for broader issues in meta-ethics, epistemology, and the philosophy of language. (shrink)

Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would you put (...) in place? Would you exclude germane inculpatory evidence that has been obtained in violation of the accused’s constitutional rights? Would you permit spouses to testify against each other, or allow the jury to draw adverse inferences from an accused’s failure to testify on his or her behalf? These are the sorts of epistemological issues addressed by Larry Laudan in his superb Truth, Error, and Criminal Law. The purpose of legal epistemology is to identify legal rules in order to assess them rationally, and, if necessary, to modify or replace them. The more and more widely Truth, Error, and Criminal Law is read, the more likely it is that legal epistemology will attract the attention of lawyers, legal academics, and philosophers, attention that can only contribute in a positive way to rethinking criminal law. (shrink)

An argument for why Plato’s Laws can be considered his most important political dialogue In Plato's Second Republic, André Laks argues that the Laws, Plato’s last and longest dialogue, is also his most important political work, surpassing the Republic in historical relevance. Laks offers a thorough reappraisal of this less renowned text, and examines how it provides a critical foundation for the principles of lawmaking. In doing so, he makes clear the tremendous impact the Laws had not only on political (...) philosophy, but also on modern political history. Laks shows how the four central ideas in the Laws—the corruptibility of unchecked power, the rule of law, a “middle” constitution, and the political necessity of legislative preambles—are articulated within an intricate and masterful literary architecture. He reveals how the work develops a theological conception of law anchored in political ideas about a god, divine reason, that is the measure of political order. Laks’s reading opens a complex analysis of the relationships between rulers and citizens; their roles in a political system; the power of reason and persuasion, as opposed to force, in commanding obedience; and the place of freedom. Plato's Second Republic presents a sophisticated reevaluation of a philosophical work that has exerted an enormous if often hidden influence even into the present day. (shrink)

For a century or more political theology has been in decline. Recent years, however, have seen increasing interest not only in how church and state should be related, but in the relation between divine authority and political authority, and in what religion has to say about the limits of state authority and the grounds of political obedience. In this book, Nicholas Wolterstorff addresses this whole complex of issues. He takes account of traditional answers to these questions, but on every point (...) stakes out new positions. Wolterstorff offers a fresh theological defense of liberal democracy, argues that the traditional doctrine of 'two rules' should be rejected and offers a fresh exegesis of Romans 13, the canonical biblical passage for the tradition of Christian political theology. This book provides useful discussion for scholars and students of political theology, law and religion, philosophy of religion and social ethics. (shrink)

Both law and science went through revolutionary changes in England in the first half of the seventeenth century, a period of pandemic, conflict, and climate change. The circle of Samuel Hartlib (c. 1600–62) sought a way to regenerate society through reform and innovation. One member of the circle was Sir Cheney Culpeper (1601–66), a barrister and landowner, whose correspondence shows an attempt to synthesize law and natural philosophy into a coherent vision of regeneration. He wrestled as much with how change (...) could be achieved as with what changes would be beneficial. He sought a mutually beneficial relationship between humanity and nature. He urged self-restraint to avoid the abuse of power, political and technological. His most practical and influential work was in agriculture. Paradoxically, however, the efforts of Culpeper and his circle to address the crises of their times have arguably created the very crises of ours. We are, moreover, in what Culpeper describes as a ‘crisis of time’. This essay poses the question as to whether, given the urgency of our situation, we might learn from Culpeper’s generation that regeneration requires revolution as well as reform. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Plato’s Second Republic: An Essay on the Laws by André LaksSusan Sauvé MeyerLAKS, André. Plato’s Second Republic: An Essay on the Laws. Princeton, N.J.: Princeton University Press, 2022. x + 278 pp. Cloth, $35.00When the unnamed Athenian of Plato’s Laws specifies the constitution and law code for the (fictional) city of Magnesia, he retreats from some of the more notorious principles that structure the ideal city (...) in the Republic, most notably the prohibition against private property and private families for the city’s rulers and the explicit mandate that the rulers be philosophers. Magnesia will be governed by its property-owning citizens in a constitutional regime where law is the supreme political authority. Both [End Page 355] retreats are marked by the Athenian as making Magnesia “second best” in relation to the ideal.One of Laks’s striking theses is that the ideal from which the Laws’s second-best city falls short is not simply that of the Republic. Within the Laws itself, he argues, the Athenian articulates a “legislative utopia” and a constitutional ideal that are only imperfectly realized in the city identified as “second.” The constitutional ideal is articulated in book 3 in the mandate that a constitution achieve a mean (meson) between democracy and monarchy, while the legislative ideal underwrites the mandate in book 4 that laws should have persuasive preludes.While the constitutional “mean” mandated in book 3 is often characterized as “the mixed constitution,” Laks argues that what is mandated is not a mixture of monarchical and democratic institutions, but rather a synthesis of democracy and monarchy, with each institution implementing both democratic and monarchical principles. Laks calls such a mean a “middle.” If the mandated constitutional “middle” were fully achieved, he claims, democratic equality would be synthesized with the inequality of monarchy and thereby transformed from arithmetical into proportional equality. Similarly, democratic freedom would be synthesized with submission to authority, and transformed from negative freedom from authority into the positive freedom of rationality. Laks proposes that the freedom to emerge from this “metamorphosis” is the “voluntary servitude to the laws” lauded in book 3. While he acknowledges that Plato nowhere identifies such servitude to law as freedom, Laks locates that conception on the horizon of the conceptual metamorphosis of freedom that he finds in the Laws.Neither synthesis—of equality or of freedom—is perfectly achieved in the city whose constitution and law code are specified in the Laws, according to Laks; this is the burden of his remark that the constitution of Magnesia is “a mixture (sit venia verbo) of a mix and a middle.” A residue of unmitigated arithmetical equality remains in the constitution specified in book 6 to the extent that it includes a paradigmatically democratic procedure, the lottery, among the otherwise meritocratic procedures for appointing citizens to public office. A residue of despotism remains in the law code of Magnesia to the extent that the persuasive preludes to its statutes employ the manipulative rhetoric of praise and blame rather than philosophical arguments that display the rational grounding of the law in divine reason.Both retreats from the ideal are necessitated, on Laks’s interpretation, by the imperfect rationality of human beings. Not every person can learn to appreciate the superiority of proportional to arithmetical equality, or the perfect rationality of the laws’ prescriptions. In a “legislative utopia” citizens will obey the law because they appreciate its rational grounding, but that ideal is not fully achievable in a community of human beings. However rational the laws’ prescriptions may be, citizens’ obedience must be secured by nonrational means as well—hence the Athenian’s characterization of the politeia of the Laws as a “tragedy” (817b). [End Page 356]Laks’s exposition of these (and other) themes over the course of the volume is cumulative rather than sequential, diffuse rather than regimented, and deliberately sensitive to the literary features of Plato’s text and the ways in which its message may be allusive, indirect, or equivocal. What emerges from Laks’s learned engagement with the text is an interpretation that is “suggested” (an oft used phrase in the volume) rather than mandated by... (shrink)

This book addresses the perennial question: What is justice?

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

This book examines the concepts of international law and international relations as they are developed in the social and political philosophy of G.W.F. Hegel. Hegel has a vision of a single modern social world, in which peoples and nation-states can co-exist under conditions of peace, justice, mutual respect, and prosperity.

J. R. and Philip Milton present the first critical edition of John Locke's Essay concerning Toleration, based on all extant manuscripts, and a number of other writings on law and politics composed between 1667 and 1683. Although Locke never published any of these works himself they are of very great interest for students of his intellectual development because they are markedly different from the early works he wrote while at Oxford and show him working out ideas that were to (...) appear in his mature political writings, the Two Treatises of Government and the Epistola de Tolerantia. With authoritative contextual guidance from the editors, this will be an invaluable resource for all historians of early modern philosophy, of legal, political, and religious thought, and of 17th century Britain. (shrink)

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.

From a moral point of view we think of ourselves as capable of responsible actions. From a scientific point of view we think of ourselves as animals whose behaviour, however highly evolved, conforms to natural scientific laws. Natural Agency argues that these different perspectives can be reconciled, despite the scepticism of many philosophers who have argued that 'free will' is impossible under 'scientific determinism'. This scepticism is best overcome, according to the author, by defending a causal theory of action, that (...) is by establishing that actions are constituted by behavourial events with the appropriate kind of mental causal history. He sets out a rich and subtle argument for such a theory and defends it against its critics. Thus the book demonstrates the importance of philosophical work in action theory for the central metaphysical task of understanding our place in nature. (shrink)

David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a (...) series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles. (shrink)

_The Laws_, Plato's longest dialogue, has for centuries been recognized as the most comprehensive exposition of the _practical_ consequences of his philosophy, a necessary corrective to the more visionary and utopian _Republic_. In this animated encounter between a foreign philosopher and a powerful statesman, not only do we see reflected, in Plato's own thought, eternal questions of the relation between political theory and practice, but we also witness the working out of a detailed plan for a new political order that (...) embodies the results of Plato's mature reflection on the family, the status of women, property rights, criminal law, and the role of religion and the fine arts in a healthy republic. "Because it succeeds in being both literal and comprehensive, it is by far superior to any translation available. By reproducing dramatic detail often omitted, such as oaths, hesitations, repetitions, and forms of address, Pangle allows the reader to follow the dialogue's interplay between argument and dramatic context.... Pangle's translation captures the excitement and the drama of Plato's text."—Mary P. Nichols, _Ancient Philosophy_ "Pangle's achievement is remarkable.... The accompanying interpretive essay is an excellent distillation of a dialogue three times its size. The commentary is thoughtful, even profound; and it amply demonstrates the importance of reading Plato carefully and from a translation that is true to his language."—Patrick Coby, _American Political Science Review_. (shrink)

Man wird sicher nicht behaupten wollen, Achinstein habe mit seinem Beitrag den Schlußpunkt unter eine jahrhundertealte Kontroverse gesetzt, dazu ist der gesamte Diskussionsgegenstand zu konfus, man wird dem Autor aber in jedem Falle zugute halten konnen, daß er einen interessanten und sowohl lesbaren wie lesenswerten Explikationsversuch des Gesetzesbegriffs vorgelegt hat. Wer im übrigen Freude daran findet, sich mit Betrachtungen zu beschäftigen, die sich um den Nachweis bemühen, daß ein Gutteil unserer philosophischen Probleme darin besteht, Prädikate, die eigentlich mehrstellig sind, wie (...) einstellige zu behandeln, wird sicher eine Reihe von Anregungen finden konnen. Freilich wird man es niemanden übel nehmen konnen, wenn auch nach der Lektüre dieses Buches unklar bleiben wird, was denn nun unter einem Gesetz, einer Erklärung zweifelsfrei verstanden werden kann und ich fürchte, daß der einzige Verweis des Autors darin bestehen konnte, daß dies von der Situation abhänge, in der die betreffenden Begriffe verwendet werden. Ob man sich freilich mit einer derartigen Antwort zufrieden geben kann, zumal solange unklar bleibt, wie denn derartige Situationen im einzelnen beschaffen sein müssen, ist ein anderes Problem. (shrink)