The article focuses on the overlooked volume of Henry Sumner Maine’s corpus, the posthumously published International Law and uses it to respond to the general critical difficulty in establishing Maine’s posture. Maine, of course, makes it difficult with the numerous contrapuntal moves of this book and others. For example, he strongly criticizes the predominant view of international law as an accretionary process of commentary by one theorist following another and yet he places tremendous value on Grotius, “whose works (...) acted on the spirit of belligerency like a charm,” and other early international legal theorists. He sees his contemporary environment as marked by increasing militarization, even of militarization of society during time of peace, while he describes the relative humanity of the present over the distant past.Ultimately, Maine is a realist who focuses on late nineteenth-century manuals of war rather than the idealism of the Anglo-American peace movement, and recognizes the importance of Czar Alexander II over any of nineteenth-century international legal theorists. If J.W. Burrow has identified social evolution as providing Victorians an “intellectual resting-place” between theoretical clarity and social diversity, Maine’s broad social evolution allows him to mediate between the moral amelioration in international life and the practical realities of that life. (shrink)

This paper uses the evolutionary frame provided by the Victorian jurist Henry Sumner Maine to describe the process by which trust can be seen as the product of a gradual development that starts with small-scale communities and later allows market exchanges to develop themselves. I also argue, using the work of Elinor Ostrom (1990), that trust emerges first within small-scale communities, where first- and second-degree collective action problems need to be resolved. The development of a social disposition to (...) trust is closely linked with an institutional context that encourages individuals to take the externalities of their actions into account. This is made possible by customary mechanisms, as the development of social trust at this stage cannot rely on a mighty “Leviathan”. Therefore, this paper questions the claim that social trust is the product of market exchanges. Market exchanges might favor the further growth of social trust, hands in hands with the right institutional frame. However, this growth is not just the transposition of a previously acquired disposition to trust. The work of Henry Sumner Maine interestingly underlines the importance of the co-development of institutions and trust, from its origin in small communities to its expansion to market exchanges. Both Ostrom’s and Maine’s perspectives underline the fact that trust and trustworthiness are complementary and question a-rational perspectives on trust. This paper also elaborates on the claim, coming from the literature on contract law, that focusing on sanctioning mechanisms can be highly counterproductive. (shrink)

Pretendemos analisar a crítica ao direito marxiana exposta nos comentários à obra Lectures on the early history of institutions, do jurista inglês Henry Sumner Maine, presentes nos "assim chamados" Cadernos Etnológicos. Para tal, passaremos pela crítica de Karl Marx à teoria do direito de Maine, passando também por considerações sobre os juristas analíticos John Austin e Jeremy Bentham, nos quais o autor das Lectures se baseia fortemente. Em seguida, trataremos das críticas à concepção de Maine sobre a origem (...) do Estado e do direito. Então, explicaremos como Marx se contrapõe a Maine voltando-se para o solo da história real, e assim analisa a gênese e o desenvolvimento direito na Irlanda e sua associação com a religião cristã, tanto antes quanto durante a colonização inglesa, observando também a violência por trás da imposição das leis coloniais. (shrink)

In between the time of John Austin and H.L.A. Hart a great legacy, and an accompanying debate, spawned out of the work of Sir ­Henry Maine. While employing a primarily comparative, historical perspective, Maine sought to scrutinize and redefine the way philosophy relates to the social sciences within jurisprudential enquiries. From this perspective, the present paper aims to reclaim and represent Maine’s work as a project in and for the philosophy of law. A project which came to inspire and (...) influence future generations of philosophers, and two subsequent schools of thought, by instigating a forgotten debate around the concept of custom, its relation to the concept law, and the status of customary law. This examination will close with a note, highlighting certain aspects the revival of Maine’s works, as well as the legacy which spawned out of them, can have generally for the philosophy of law and interdisciplinary jurisprudence, as well as more particularly for the philosophy of customary international law. (shrink)

In this paper I argue that the “dynamic functionalism” of Dewey’s evolutionary approach to ethics – moral norms emerge to address specific problems but must be constantly readjusted to changing contexts – had its roots in the comparative jurisprudence of Sir Henry Sumner Maine and Oliver Wendell Holmes Jr. First, I will discuss the rise of the comparative sciences in the nineteenth century, part of the backdrop for the work of Maine and various evolutionary anthropologists. Next, I will (...) examine Maine’s Ancient Law (1861), Edward Burnett Tylor’s Primitive Culture (1871), and Holmes’s The Common Law (1881), three related books that set up a dichotomy between existing custom and historical progress. Finally, I will show how this dichotomy was reflected in Dewey’s writing and teaching at the University of Michigan in the early 1890s, including “Anthropology and Law” (1893) and several courses in political philosophy. (shrink)

Victorian Critics of Democracy was first published in 1938. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.

Dans le présent article, nous examinons la façon dont la coutume et le droit coutumier ont été construits par les juristes britanniques durant l’époque colonial en Inde à la fin du xviiie et aux xixe siècles. À travers l’explication de la transmission juridique, nous analysons les arguments théoriques employés par John Austin et Sumner Maine dans leur définition du droit en tant que « commandement du souverain ». Tout en décrivant les tentatives administratives coloniales de codification des droits coutumiers (...) dans le sous-continent indien, nous argumentons que deux voies de pensée ont dominé dans ce processus. D’un côté, la codification était conçue dans la tradition du droit civil au xviiie siècle par la création des « digestes » des traités juridiques hindoues et musulmanes. De l’autre côté, la position dominante au xixe siècle a accentué la codification des pratiques coutumières existantes dérivées des études anthropologiques et des enquêtes réalisées dans les régions conquises par les Britanniques tels que le Pendjab. Quoi qu’il en soit, nous évaluons les aspects épistémologiques intrinsèques au discours colonial, qui ont été soutenus par une conception particulière de la souveraineté prémoderne en Inde. Ces idées du droit coutumier se sont élaborées non seulement à travers la logique du discours colonial mais aussi dans le cadre plus large de la science du droit et de l’autorité politique impliquées dans les débats européens au xixe siècle sur la codification du droit. (shrink)

No presente artigo, iremos analisar a crítica feita por Karl Marx em seus Cadernos Etnológicos ao assim chamado “método” dos juristas analíticos. Para isso, passaremos pelos comentários de Marx ao jurista Henry Sumner Maine, fazendo um exame extenso de um trecho específico, no qual essa crítica aparece de forma mais direta. Ao longo de nossa exposição, pretendemos demonstrar que a crítica ao “método” dos juristas analíticos está inserida na perspectiva de uma crítica à teoria do direito como um (...) todo. Então, dissecaremos a associação feita por Marx entre a economia política e a teoria do direito, em especial a de John Austin, passando pela crítica ao método da economia política com base nos Grundrisse: Manuscritos econômicos de 1857-1858, e também pela diferenciação entre economia política, economia vulgar, e apologética conforme exposta em obras anteriores do autor de O capital. O que Maine chama de “método” dos juristas analíticos é, para Marx, um dogmatismo formalista comum à teoria do direito, que traz elementos distorcidos da economia política de modo cabalmente apologético. A temática perpassa discussões que acompanharam Marx por toda sua vida, como a relação entre burguesia e a produção científica, bem como o papel da teoria do direito na defesa de interesses burgueses. Ademais, acreditamos que uma leitura dedicada dos Cadernos etnológicos tem muito a oferecer para o pensamento marxista, e nosso artigo fornece algumas pontuais contribuições nesse sentido. (shrink)

I am grateful to John Woods and David Soles for the careful attention they have given to some of the central arguments of Abortion and Moral Theory, though I wish that they had revealed fewer respects in which those arguments were seriously underdeveloped. In what follows I will try to supply some of the needed further development. I address the main points at issue in what I conceive to be their order of ascending importance.

This volume for the first time brings the scholarly discipline of comparative religious ethics into constructive collaboration with the community of interreligious dialogue. Its design is premised on two important insights. First, interreligious dialogue offers to comparative religious ethics a new, more persuasive rationale, agenda of issues, and practical orientation. Second, comparative religious ethics offers to interreligious dialogue an arsenal of critical tools and methods which will enhance the sophistication of its practical work. In this way, both theory (a dominant (...) concern and strength of comparative religious ethics) and praxis (a dominant concern and strength of interreligious moral dialogue) are joined together in mutual effort, each contributing to the benefit of the other.The volume’s contributors share this vision of collaboration, drawing explicitly from both communities of discourse in a manner that crosses disciplinary and professional boundaries to deal creatively and constructively with important methodological and global moral issue. Although theory and practice cannot easily be separated in such a collaborative project, for the purpose of clarity, the volume is divided into two main parts. The first specifically engages questions of method, theory, and the social role of the public intellectual; the second, on substantive moral themes and issues, many of which were raised at the 1993 Parliament. Taken together, the volume’s essays articulate and illustrate new ways of approaching contemporary moral concerns cross-culturally yet with a rigor appropriate to our complex and pluralistic world. (shrink)

Henry Morris (1889-1961), the great educational philosopher, and initiator of the integrated community educational centre - embodied in the Cambridgeshire village college system - was county education officer and had his first 'memorandum' on the concept of community education printed by the Cambridge University Press. 1984 is both the 60th anniversary of his first memorandum and the 400th anniversary of the Press and this commemorative book will be published to coincide with a number of events to celebrate that. The (...) book is a collection of his papers, mainly about community education, edited by Professor Harry Re;e, who is closely associated with the Community Education Development Centre in Coventry. (shrink)

This paper proposes a formal top-level model of explaining the outputs of machine-learning-based decision-making applications and evaluates it experimentally with three data sets. The model draws on AI & law research on argumentation with cases, which models how lawyers draw analogies to past cases and discuss their relevant similarities and differences in terms of relevant factors and dimensions in the problem domain. A case-based approach is natural since the input data of machine-learning applications can be seen as cases. While the (...) approach is motivated by legal decision making, it also applies to other kinds of decision making, such as commercial decisions about loan applications or employee hiring, as long as the outcome is binary and the input conforms to this paper’s factor- or dimension format. The model is top-level in that it can be extended with more refined accounts of similarities and differences between cases. It is shown to overcome several limitations of similar argumentation-based explanation models, which only have binary features and do not represent the tendency of features towards particular outcomes. The results of the experimental evaluation studies indicate that the model may be feasible in practice, but that further development and experimentation is needed to confirm its usefulness as an explanation model. Main challenges here are selecting from a large number of possible explanations, reducing the number of features in the explanations and adding more meaningful information to them. It also remains to be investigated how suitable our approach is for explaining non-linear models. (shrink)

Recent archaeological discoveries show ancient, and particularly Near Eastern society to have been supremely contractual, while Mediterranean society was historically characterized by strong family structures, challenging the 19th century evolutionary Status-to-Contract canon.

In the past fifteen years, Henri Lefebvre's reputation has catapulted into the stratosphere, and he is now considered an equal to some of the greats of European social theory (Bourdieu, Deleuze, Harvey). In particular, his work has revitalized urban studies, geography and planning via concepts like; the social production of space, the right to the city, everyday life, and global urbanization. Lefebvre's massive body of work has generated two main schools of thought: one that is political economic, and another that (...) is more culturally oriented and poststructuralist in tone. Space, Difference, and Everyday Life merges these two schools of thought into a unified Lefebvrian approach to contemporary urban issues and the nature of our spatialized social structures. (shrink)

His 1971 masterpiece, A Theory of Justice, permanently changed the landscape of moral political theory, revitalizing the normative study of social issues and ...

BackgroundBiobanks have recently been established in several low- and middle-income countries in the Arab region of the Middle East. We aimed to explore the views of biobank managers regarding the challenges, ethical issues, and governance arrangements of their biobanks.MethodsIn-depth semi-structured qualitative interviews were conducted with a purposive sample of eight biobank managers from Egypt, Jordan, and Sudan. Interviews were performed either face-to-face, by phone, or via Zoom and lasted approximately 45–75 min. After verbal consent, interviews were recorded and then transcribed. (...) The authors performed a thematic analysis of the transcripts independently and then integrated the themes via a consensus process.ResultsBiobank managers discussed the main challenges in establishing their biobanks. These included the staff’s lack of experience and training, limited funds, deficit awareness of biobanks, obtaining funding from different sources. Only four reported they were active in distributing biospecimens and health data to researchers. Six biobanks used a broad consent model, one used tiered consent, and another allowed participants to opt-out of being recontacted. Five managers avoided partnerships with pharmaceutical companies due to concerns with unfavorable reactions from the community. Five managers did not have clear policies for returning research results to the donors. Five expressed challenges with sample and data sharing with international collaborators; all five used material transfer agreements. The biobank managers revealed variable governance arrangements and activities with community involving awareness and educational efforts rather than active engagement. Several expressed the importance of transparency with the operations of their biobanks and gaining the trust of their stakeholders.ConclusionManagers of biobanks in LMICs in the Arab Middle East encounter financial, operational, and social challenges toward their sustainability efforts. Discussions with key stakeholders are warranted to manage ethical issues involving informed consent, privacy, data sharing, and the return of results. We recommend that biobank managers in the Arab Middle East form collaborative networks within the region and internationally, develop trusting governance relationships with their stakeholders, and pursue engagement activities with their communities to enhance trust. (shrink)

The system presented by the author in The Logical Foundations of Statistical Inference suffered from certain technical difficulties, and from a major practical difficulty; it was hard to be sure, in discussing examples and applications, when you had got hold of the right reference class. The present paper, concerned mainly with the characterization of randomness, resolves the technical difficulties and provides a well structured framework for the choice of a reference class. The definition of randomness that leads to this framework (...) is simplified and clarified in a number of respects. It resolves certain puzzles raised by S. Spielman and W. Harper in their contributions to Profiles: Henry E. Kyburg, Jr. and Isaac Levi 1982). (shrink)

Aimed at those new to studying Spinoza, this book provides a comprehensive introduction to his thought, placing it in its historical and philosophical contexts, and assessing its critical reception. In addition to providing an analysis of Spinoza's metaphysical, epistemological, psychological, and ethical views in the Ethics, Henry Allison also explores his political theory and revolutionary views on the Bible, as well as his account of Judaism, which led to the excommunication of the young Spinoza from the Jewish community in (...) Amsterdam. Although the book's main focus is on the analysis of Spinoza's views, including a close reading of the central arguments of the Ethics, it also considers many of the standard objections to these arguments as well as possible responses to them. This completely revised and updated new edition of Allison's classic book, with two new chapters, will help a new generation of students to understand and value Spinoza's work. (shrink)

This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that (...) the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument. (shrink)

A central question for philosophical psychology is which mental faculties form natural kinds. There is hot debate over the kind status of faculties as diverse as consciousness, seeing, concepts, emotions, constancy and the senses. In this paper, I take emotions and concepts as my main focus, and argue that questions over the kind status of these faculties are complicated by the undeservedly overlooked fact that natural kinds are indeterminate in certain ways. I will show that indeterminacy issues have led to (...) an impasse in the debates over emotions and concepts. I first consider and reject one way of resolving this impasse. I then suggest a different method, which places more emphasis on a close analysis of predictive and explanatory practices in psychology. I argue that when we apply this method, a new position emerges: that it is indeterminate whether concepts or emotions are natural kinds. They are neither determinately natural kinds, nor determinately not natural kinds. Along the way, we will see that natural kinds have been put to two completely different theoretical uses, which are often been blurred together, and that they are ill-suited to fulfil one of them. (shrink)

A picture of the world as chiefly one of discrete objects, distributed in space and time, has sometimes seemed compelling. It is however one of the main targets of Henry Laycock's book; for it is seriously incomplete. The picture, he argues, leaves no space for "stuff" like air and water. With discrete objects, we may always ask "how many?," but with stuff the question has to be "how much?" Laycock's fascinating exploration also addresses key logical and linguistic questions about (...) the way we categorize the many and the much. (shrink)

This article presents a formal dialogue game for adjudication dialogues. Existing AI & law models of legal dialogues and argumentation-theoretic models of persuasion are extended with a neutral third party, to give a more realistic account of the adjudicator’s role in legal procedures. The main feature of the model is a division into an argumentation phase, where the adversaries plea their case and the adjudicator has a largely mediating role, and a decision phase, where the adjudicator decides the dispute on (...) the basis of the claims, arguments and evidence put forward in the argumentation phase. The model allows for explicit decisions on admissibility of evidence and burden of proof by the adjudicator in the argumentation phase. Adjudication is modelled as putting forward arguments, in particular undercutting and priority arguments, in the decision phase. The model reconciles logical aspects of burden of proof induced by the defeasible nature of arguments with dialogical aspects of burden of proof as something that can be allocated by explicit decisions on legal grounds. (shrink)

Most people will grant that we bear special moral obligations toward at least some nonhuman animals that we do not bear toward inanimate objects like stones, mountains, or works of art. These moral obligations are plausibly grounded in the fact that many if not all nonhuman animals share important psychological states and capacities with us, such as consciousness, suffering, and goal-directed behavior. But which of these states and capacities are really critical for a creature’s possessing moral status, and how can (...) we determine which animals do in fact have them? In this paper, I examine three main approaches to answering these questions. First are what I term consciousness-based approaches that tackles these questions by first asking which animals are conscious. Second are affective-state approaches that focus on identifying behavioural and physiological signatures of states like pain, fear, and stress. Finally, I consider what I call preference-based approaches whose focus is on the question of which organisms have robust motivational states. I examine the prospects and challenges—both theoretical and empirical—faced by these seemingly contrasting methodologies. I go on to suggest that there are reasons why, despite challenges, we should be robustly committed to the project of identifying psychological grounds of moral status. I conclude by suggesting we should also take seriously the idea of pluralism about moral status, according to which each of these approaches might be capable of providing independent grounds for moral consideration. (shrink)

Henry Dyson - The Stoic Life: Emotions, Duties, and Fate - Journal of the History of Philosophy 44:2 Journal of the History of Philosophy 44.2 317-318 Tad Brennan. The Stoic Life: Emotions, Duties, and Fate. Oxford: Clarendon Press, 2005. Pp. xi + 340. Cloth, $45.00. This book is the best introductory survey of Stoic moral psychology and ethics currently available. It is divided into four main sections: a general introduction to the ancient Stoics, our historical sources, and the philosophical (...) presuppositions of ancient ethics; a chapter on psychology and epistemology; a chapter on deeper issues in Stoic ethics; and , a chapter on fate, compatibilism,.. (shrink)