"Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In the second part the (...) contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power" -- Backcover. (shrink)

Conwy Lloyd Morgan (1852–1936) is widely regarded as the father of modern comparative psychology. Yet, Morgan initially had significant doubts about whether a genuine science of comparative psychology was even possible, only later becoming more optimistic about our ability to make reliable inferences about the mental capacities of non-human animals. There has been a fair amount of disagreement amongst scholars of Morgan’s work about the nature, timing, and causes of this shift in Morgan’s thinking. We argue that Morgan underwent two (...) quite different shifts of attitude towards the proper practice of comparative psychology. The first was a qualified acceptance of the Romanesian approach to comparative psychology that he had initially criticized. The second was a shift away from Romanes’ reliance on systematizing anecdotal evidence of animal intelligence towards an experimental approach, focused on studying the development of behaviour. We emphasize the role of Morgan’s evolving epistemological views in bringing about the first shift – in particular, his philosophy of science. We emphasize the role of an intriguing but overlooked figure in the history of comparative psychology in explaining the second shift, T. Mann Jones, whose correspondence with Morgan provided an important catalyst for Morgan’s experimental turn, particularly the special focus on development. We also shed light on the intended function of Morgan’s Canon, the methodological principle for which Morgan is now mostly known. The Canon can only be properly understood by seeing it in the context of Morgan’s own unique experimental vision for comparative psychology. (shrink)

An original and comprehensive study of the history, symbols and languages of the common law tradition.

_Oedipus Lex_ offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. It explores the unconscious of law through a wealth of historical and contemporary examples. Peter Goodrich provides an anatomy of law's melancholy and boredom, of addiction to law, of legal repressions, and the aesthetics of jurisprudence. He retraces the genealogy of law and invokes the failures and exclusions—the poets, women, and outsiders—that legal science has left in its wake. Goodrich (...) analyzes the role and power of the image of law and details the history of law's plural jurisdictions and traditions of resistance to law. He explores mechanisms of repression and representation as constituents of modern subjectivity, using long-abandoned medieval texts and early appearances of feminism as resources for the understanding and renewal of legal scholarship. Not simply deconstruction but also reconstruction, this work is keenly attuned to the discontinuties, silences, and gaps in the cultural tradition called law. (shrink)

Derek Parfit, who died in 2017, is widely believed to have been the best moral philosopher in well over a century. The twenty new essays in this book were written in his honour and have all been inspired by his work - in particular, his work in an area of moral philosophy known as 'population ethics', which is concerned with moral issues raised by causing people to exist. Until Parfit began writing about these issues in the 1970s, there was almost (...) no discussion of them in the entire history of philosophy. But his monumental book 'Reasons and Persons' (1984) revealed that population ethics abounds in deep and intractable problems and paradoxes that not only challenge all the major moral theories but also threaten to undermine many important common-sense moral beliefs. (shrink)

From early in his career Jacques Derrida was intrigued by law. Over time, this fascination with law grew more manifest and he published a number of highly influential analyses of ethics, justice, violence and law. This book brings together leading scholars in a variety of disciplines to assess Derrida's importance for and impact upon legal studies.

One of the earliest issues in cognitive ethology concerned the meaning of animal signals. In the 1970s and 1980s this debate was most active with respect to the question of whether animal alarm calls convey information about the emotional states of animals or whether they “refer” directly to predators in the environment (Seyfarth, Cheney, & Marler 1980; see Radick 2007 for a historical account), but other areas, such as vocalizations about food and social contact, were also widely discussed. In the (...) 1990s, ethologists largely came to a consensus that such calls were “functionally referential” (Evans & Marler 1995) even if they did not satisfy all the semantic requirements imposed by philosophers of language. More recently, though, it has been argued that ethologists should eschew the concept of reference and return to a focus on the affective aspects of animal communication (Rendall & Owren 2002). We propose to take a new look at this debate in the light of recent developments in the philosophy of language under the heading of “Neo-Expressivism” (Bar-On 2004). This view provides two different senses.. (shrink)

It is rare in the extreme for a judge to embed an enigma, here an intentionally encrypted message, in the text of a judgment. Using the occasion of the cypher inserted into the judgment of Peter Smith J in Baigent v Random House, this article patiently reconstructs the humanist concept of aenigmata iuris or legal enigmas so as properly to interpret this recent use. Legal enigmas are shown to be the residues of forgotten histories, references to lost texts, marks left (...) by encounters between law and its now marginal literary and poetic sources. Where current legal use treats enigmas as mere obscurities, this article argues that the enigma should be apprehended and appreciated as an image of juristic invention, the moment of devising a decision, the instant of creative encounter between ‘the sciences liberall’, doctrine and law. (shrink)

Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation (...) and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake. (shrink)

This is a unique guide to one of the most exciting develpments within contemporary jurisprudence. It systematically applies a critical philosophy to the substance of common law, overviewing its politics and cultural significance.

Law and the Unconscious: A Legendre Reader is e first work of the French legal philosopher Pierre Legendre to appear in English. Trained as a lawyer, a historian and a psychoanalyst, the work of Pierre Legendre has consistently confronted law with the teaching and methods of psychoanalysis. The present collection of essays addresses a fascinating and diverse set of themes including the doctrinal regulation of tears, dance and law, the desire for the absolute, the war of the texts, and the (...) power of the images. (shrink)

How should scientists react to anthropomorphism (defined for the purposes of this paper as the attribution of mental states or properties to nonhuman animals)? Many thoughtful scientists have attempted to accommodate some measure of anthropomorphism in their approaches to animal behavior. But Wynne will have none of it. We reject his argument against anthropomorphism and argue that he does not pay sufficient attention to the historical facts or to the details of alternative approaches.

An adolescent’s last moment of life is an emotionally and medically complex time. Children may grapple with understanding the things happening to them and with grief of a future lost; caregivers struggle to simultaneously balance deep sorrow, hope, and love; and healthcare providers fight to maintain sound medical and ethical decision making. Increased discussion regarding adolescent end-of-life care is needed so that clinicians may better understand how to engage in ethically based medical management during these events. This holds particularly true (...) in situations where potentially conflicting ideas exist between clinicians and family members. We describe the case of an acutely and terminally ill adolescent who remained cognitively intact but with rapidly advancing multiple organ failure and whose parents requested that he remain uninformed of his critical illness and prognosis. (shrink)

In the debate between simple inference heuristics and complex decision mechanisms, we take a position squarely in the middle. A decision making process that extends to both naturalistic and novel settings should extend beyond the confines of this debate; both simple heuristics and complex mechanisms are cognitive skills adapted to and appropriate for some circumstances but not for others. Rather than ask `Which skill is better?'' it is often more important to ask `When is a skill justified?'' The selection and (...) application of an appropriate cognitive skill for a particular problem has both costs and benefits, and therefore requires the resolution of a tradeoff. In revisiting satisficing, we observe that the essence of satisficing is tradeoff. Unlike heuristics, which derive their justification from empirical phenomena, and unlike optimal solutions, which derive their justification by an evaluation of alternatives, satisficing decision-making derives its justification by an evaluation of consequences. We formulate and present a satisficing decision paradigm that has its motivation in Herbert Simon''s work on bounded rationality. We characterize satisficing using a cost–benefit tradeoff, and generate a decision rule applicable to both designing intelligent machines as well as describing human behavior. (shrink)

Many of us believe that if some acts wrongly out of culpably ignorance, they are morally blameworthy to some degree. I offer a defense of this view against the powerful "Liberal Challenge" to the position. My defense proceeds by arguing that facts about a given agent's quality of will can play a different explanatory role in the larger theory of blameworthiness and the structure of exculpation than is often assumed.

At first sight there doesn't seem to be any problem about killing. Most people would say that it is wrong to kill and that's all there is to it. The same opinion is proclaimed by many members of the Christian religion. They say that ‘Thou shalt not kill’ is an absolute command. But there are several issues involving the morality of killing where ordinary men, secular and religious alike, make judgements or evince perplexity which reveals that common sense morality is (...) less clear about killing than it at first appears. (shrink)

It's been argued that better- than is non-transitive – that there are some value bearers for which better- than fails to generate an acyclic ordering. Michael Huemer has offered a powerful objection to this view, which he dubs ‘The Dominance Argument’. In what follows, I consider the extent to which there is a plausible response to be made on behalf of those who hold that better- than is non-transitive. I conclude that there is.

The papers selected for this volume offer a panorama of problems and methods at the intersection of legal theory and the humanities. The issues addressed include the role of the emotions and the imagination in legal reasoning, and the protection of the diversity of voices and perspective in the name of community. The articles balance renewed calls to humanise legal theory with those that analyse and explore the relevance of specific domains of the humanities - such as literature, architecture, music, (...) painting, drawing and film - for law. (shrink)