The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different (...) sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times. (shrink)

This book brings together essays on themes of human rights and legal history, reflecting the long and distinguished career as academic writer and human rights activist of Brian Simpson. Written by colleagues and friends in the United States and Britain, the essays are intended to reflect Simpson's own legal interests. The collection opens with biography of Simpson's academic life which notes his major contribution to legal thought, and closes with an account of his career in the United (...) States and a bibliography of his writings. As a tribute to Simpson's varied interests in the law, the collection is grouped around themes in human rights, legal philosophy, and legal history. The human rights papers are concerned with the history of the right of individual petition to the European Court of Human Rights, and recent successes in which Brian Simpson played a part; the evolution of a transnational common law of human rights; the United Nations Convention on the Rights of the Child and the interpretation of the provisions on identity in France and England; the suspension of human rights which would have occurred, had the emergency War Zone Courts scheme been brought into effect during wartime; historical resistance to colonial laws in Papua New Guinea; and the ratio decidendi of the story of the Prodigal Son. Historical themes are found in essays concerned with three nineteenth-century Lord Chancellors; in two essays relating to the fate of the civil jury on either side of the Atlantic which provide a fascinating comparison; in the 'battle of the books' which led to changes in eighteenth-century copyright law; and judicial rivalry between King's Bench and Common Pleas in the early modern period. (shrink)

A collection of essays with themes in human rights and legal history, spanning several centuries, containing a tribute to one of the most remarkable jurists of our time. Linked by an historical and contextual approach, these essays add to knowledge of legal history and human rights and provide a reference point for future research.

The Current Legal Problems lecture series and annual volume was established around sixty years ago at the Faculty of Laws, University College London and has long been recognized as a major reference point for legal scholarship. The continuing strength of Current Legal Problems is its representation of a broad range of legal scholarship opinion, theory, methodology, and subject matter, with an emphasis upon contemporary developments of law. Contributions to the 61st volume in the series include an analysis of war as (...) crime by Professor Gerry Simpson, an assessment of the problems in building a realistic climate change regime by Professor Daniel Cole, and an exploration of the problems of character evidence by Dr Mike Redmayne. (shrink)

By , we denote the system of second-order arithmetic based on recursive comprehension axioms and Σ10 induction. is defined to be plus weak König's lemma: every infinite tree of sequences of 0's and 1's has an infinite path. In this paper, we first show that for any countable model M of , there exists a countable model M′ of whose first-order part is the same as that of M, and whose second-order part consists of the M-recursive sets and sets not (...) in the second-order part of M. By combining this fact with a certain forcing argument over universal trees, we obtain the following result : if proves X!Y with arithmetical, so does . We also discuss several improvements of this results. (shrink)

Several recent critiques of theodicy have incorporated some form of moral objection to the theodical enterprise, in which the critic argues that one ought not to engage in the practice of theodicy. In defending theodical practice against the moral critique, Atle O. Søvik argues that the moral critique (1) begs the question against theodicy, and (2) misapprehends the implications of the claim that it is inappropriate to espouse a theodicy in certain situations. In this paper I suggest some sympathetic emendations (...) for Søvik's theodical apologetic, but I argue against Søvik's claim that the moral critique of theodicy is altogether irrelevant. (shrink)

Putting robots on the battlefield is clearly appealing for policymakers. Why risk human lives, when robots could take our place, and do the dirty work of killing and dying for us? Against this, I argue that robots will be unable to win the kind of wars that we are increasingly drawn into. Modern warfare tends towards asymmetric conflict. Asymmetric warfare cannot be won without gaining the trust of the civilian population; this is ‘the hearts and minds’, in the hackneyed phrase (...) from counter-insurgency manuals. I claim that the very feature which makes it attractive to send robots to war in our place, the absence of risk, also makes it peculiarly difficult for humans to trust them. Whatever the attractions, sending robots to war in our stead will make success in counter-insurgency elusive. Moreover, there is ethical reason to be relieved at this conclusion. For if war is potentially costly, then this does much to ensure that it will be a choice only of last resort, in accordance with the traditional doctrine of jus ad bellum. In this instance, morality and expediency— fortunately— coincide. (shrink)

For centuries, mystically inclined practitioners from various religious traditions have articulated anomalous and mystical experiences. One common aspect of these experiences is the feeling of the loss of the sense of self, referred to as “self-loss.” The occurrence of “self-loss” can be understood as the feeling of losing the subject/object distinction in one's phenomenal experience. In this article, the author attempts to incorporate these anomalous experiences into modern understandings of the mind and “self” from philosophy and psychology. Accounts of self-loss (...) from religious literature along with similar accounts from recent nonreligious writers, suggest that self-loss accounts are potentially legitimate descriptions and not simply the result of religious apologetics. Specifically, I examine self-loss through the lens of philosopher Daniel Dennett's theory of “self as the center of narrative gravity.” I argue that Dennett's understanding of the self, if correct, allows for the relegitimation of self-loss experiences rooted in current views from the psychological literature, rather than rooted in metaphysical religious claims. (shrink)

Is there a justified presumption that a speaker is testifying sincerely? Anti-reductionism about testimony claims that there is, absent reasons to the contrary. Yet why believe this, given the actuality and prevalence of lies and deception? I examine one argument that may be appropriated to meet this challenge, David Lewis's claim that truthfulness is a convention. I argue that it fails, and that the supposition that there is a presumption of sincerity remains unsupported. The failure of Lewis's argument is instructive, (...) however, for it shows us a better way of approaching language use than the standard anti-reductionist treatment. As speech is an intentional action, so a presumption of the sincerity or otherwise of others' testimony must be explicable in the terms we normally use to explain action. (shrink)

Though a growing number of voices in public discourse are expressing reservations about the new space race and its implications, inherently political questions have remained largely untouched by political theorists: Who is space for and for whose benefit? What are the ideological presumptions and functions of private space exploration? To confront this astro-aporia, we proceed in four parts. First, we develop a typology of two broad positions that predominate in contemporary criticism of space exploration: those who are “space pessimists” and (...) those who are “space neutral”; second, we critique those two positions for relying on an instrumental rationality that cedes too much ground to the logic of instrumentalizing and exploiting that which is deemed non-human nature; third, we examine the linked material and ideological forces fueling the current space race and its enthusiastic supporters; and finally, we formulate a dialectical position that remains critical of space exploitation as it is currently undertaken, but on grounds other than mere utility, thus offering a way to reorient the discussion toward a critical theory of space. From this perspective, space's meaning-making role for humanity can be understood as good and should be held in common, rather than being either abandoned or plundered. (shrink)

This paper examines some implications of predicted demographic changes in Canadian universities that may make them unable to replace retiring faculty members in numbers permitting academic business as usual. If the predictions prove correct, it will be desirable to reinterpret received verities about the relationship between professor/student ratios and effective education, the dual roles of teaching and research, and democratic governance in communities of higher education. Possibilities for restructuring inquiry and instruction in ways consistent with the responsibilities of educators are (...) all too briefly explored. A revised division of instructional labour is suggested, along with changes in the conduct of research and academic administration that would free professors to focus on the tasks for which they have the greatest expertise. (shrink)

The purpose of this investigation is to extend earlier research on the relationship between corporate social and financial performance. The unique contribution of the study is the empirical analysis of a sample of companies from the banking industry and the use of Community Reinvestment Act ratings as a social performance measure. The empirical analysis solidly supports the hypothesis that the link between social and financial performance is positive.

The interplay between emotion and learning is a continuing source of debate and inquiry in organization studies, attracting an increasing number of important contributions. However, a detailed understanding of the interaction between emotion and learning remains elusive. In an effort to extend the existing debate, this article offers an alternative approach that draws on the tradition of pragmatist philosophy, where emotion and learning can both be defined as dynamic processes that emerge in the relational context of social transactions. The mutually (...) constructing interplay between these two processes is then illustrated with an example of a collaborative project in which anxiety, love, guilt, and hostility are all entangled in the learning process. (shrink)

Dictionaries have long been seen as an essential contribution by linguists to work on endangered languages. We report on preliminary investigations of actual dictionary usage and usability by 76 speakers, semi-speakers and learners of Australian Aboriginal languages. The dictionaries include: electronic and printed bilingual Warlpiri-English dictionaries, a printed trilingual Alawa-Kriol- English dictionary, and a printed bilingual Warumungu-English dictionary. We examine competing demands for completeness of coverage and ease of access, and focus on the prospects of electronic dictionaries for solving many (...) traditional problems, based in particular on observations on the usability of a prototype interface developed in our project. The flexibility of computer interfaces can help accommodate different needs including those of speakers with emerging literacy skills, but they are not useful in communities where computer access is generally unavailable. (shrink)

t is abundantly evident that rates of evolution vary. They vary greatly from group to group, and even among closely related lineages there may be strikingly different rates. Differences in rates of evolution, and not only divergent evolution at comparable rates, are among the reasons for the great diversity of organisms on the earth. Among the living primates there are, for instance, some rather unspecialized or primitive prosimians (i.e., little changed from Eocene progenitors), a larger number of divergently specialized prosimians, (...) many monkeys of different degrees of progression and divergence, a few apes, and the unique species of man. Important as is the purely divergent evolution, it is also clear that differential rates are involved. At the extremes, the lineages of the more primitive living prosimians have evolved less rapidly as regards the whole of their structure and adaptive position than has the lineage of man. (shrink)

uppose that the most fundamental and general principle of a science had been known for over a century and had long since become a main basis for understanding and research by scientists in that field. You would surely assume that the principle would be taken as a matter of course by everyone with even a nodding acquaintance with the science. It would obviously be taught everywhere as basic to the science at any level of education. If you think that about (...) biology, however, you are wrong. (shrink)

The apology to the reader -- The corpus chair and oxford jurisprudence as evolved by 1952 -- The gladsome light of philosophical jurisprudence -- The elusive sources of Hart's ideas in The Concept of Law -- Cyclops, hedgehogs, and foxes -- Where Homer nodded? -- Judging a pioneer.

For any group there is a point beyond which the accumulation of acts of violence, cruelty, or even rudeness, implies disintegration. By a series of small and plausible transitions this putative empirical generalization may be transformed into a statement about the normative attitudes of persons in stable groups. The generalization may in the first place be more strongly construed as a statement of law governing any society. The weakening of bonds between persons implied by the prevalence of behavior of the (...) kinds in question means that societies not only do not but cannot survive a certain excess of it. Such a natural law may in turn be reflected internally by certain regulations--civil laws and customs--prohibiting such behavior, or by internalized rules with which most persons not only act in accordance but also accept as stipulating what one ought to do or avoid. The observable frailty of social constitutions is thus reflected from within as a family of obligations to refrain from violence, cruelty, rudeness, and similar acts. To pass from regulations to internalized rules in this way is to suggest that the essentially prudential considerations upon which reasonable regulations are based are reinforced by conceptual ones which make it impossible rationally to value violation of such regulations. That such reinforcement occurs is undeniable, but it is not well understood why, or universally believed that, resistance to it is irrational. (shrink)

This paper seeks to advance the joyful environmental ethic of Robin Wall Kimmerer. According to Kimmerer's environmental ethic of gratitude and reciprocity, each person has a responsibility to share their unique gifts with the world in return for the gifts they have received from nature. Drawing on Karen Barad, this paper contends that nonhumans are active, open-ended, and relational singularities that also provide ontological gifts by coconstituting the very being of humans and the world. Since sharing one's gifts to make (...) good gifts for a nonhuman requires knowing oneself and the nonhuman, this paper argues that open-ended curiosity is an onto-epistemic, environmental virtue because it enables humans to understand nonhumans as open-ended and relational singularities. Epistemically, a person must be open to transforming their beliefs and questions in relation to nonhumans. Ontologically, a person must be open to transforming their bodies, practices, and world in relation to nonhumans. To develop this account of open-ended curiosity, this paper engages the work of Vinciane Despret. (shrink)

Applying Foucault’s concepts of disciplinary power and technologies of the self to the ex-periences of social work academics in English universities, this articles reveals their carceral existences, arguing that social work academics and their students exist within a “carceral network” which controls and normalises behaviour by simultaneously trapping them with-in and excluding them from succeeding in academic practices. While social work academics become “docile bodies” as they are shaped and trained by competing norms of neoliberal higher education and professional social (...) practice, their position as insiders and outsiders to both can also enable them to resist certain disciplinary expectations. The findings of the qualitative study discussed in this article support Foucault’s analysis of powerful institu-tions but problematise binary positions of docility or resistance to disciplinary power with-in them. Lived experiences of ‘becoming academic’ in English social work education reveal how normalising judgements and hierarchical observation intersect with neoliberal forms of responsibilisation to create a carcerality rooted in “incompetence”; how “technologies of relationships” are used to mediate individual forms of responsibilisation, and how having to negotiate multiple disciplinary regimes can create opportunities for resistance to each. (shrink)

Ernest Barker wrote two books on the political thought of Plato, both of which were also directly related to his study of the political thought of Aristotle. This essay examines the way Barker’s readings of Plato changed, first from the earlier to the later of his two books, and then from the later of these books, written during WWI, to his translation of Aristotle’s Politics, written during WWII. The contention is that, as Barker himself partly confessed, WWI led him to (...) read hopes into Plato’s works that he not had before and that he abandoned in WWII. This shift in reading Plato was essentially a shift in Barker’s allegiance to political Hegelianism, which, while it intensified during WWI, had given way entirely to a thoroughly English Whig Constitutionalism by the end of WWII. The abandonment of Hegel enabled Barker to reach not only a better understanding of Plato in his Aristotle book but also a better and more wry understanding of German philosophy. (shrink)

Greene uses evidence from psychology and neuroscience to argue that manual mode is conducive to utilitarian judgments. He further argues that these data, in conjunction with philosophical premises, lend normative support to utilitarianism. After defending Greene’s philosophical premises against critics, I contend that the current state of the evidence suggests that manual mode does not drive utilitarian responses to moral dilemmas involving self-sacrifice. I performed an experiment which replicated the positive association between cognitive reflection test scores and utilitarian responses to (...) dilemmas that involved sacrificing the interests of others. However, I did not find a positive association between CRT scores and self-sacrificial utilitarian responses. The lack of a connection between manual mode and self-sacrifice presents a problem for Greene’s argument that manual mode drives utilitarianism in general. Prima facie, my results indicate that reflection only drives other-sacrificial utilitarian judgments, not self-sacrificial ones. Greene is left without a basis to say that cognitive science lends support to the normative conclusion that we ought to engage in utilitarian self-sacrifice by, for example, giving more to charity. I conclude by discussing other implications of my data for Greene’s argument, and outlining directions for future research. (shrink)

The story of The Expanse is inseparable from the Inners’ oppression of the Belters. This chapter focuses on the relationship between the Inners and the Belt. It provides insight into the colonial relationship between them. Emphasizing the colonial relationship between the Inners and the Belt gives us insight into why attempts to forge a peaceful alliance between Earth, Mars, and the Belt fail time and time again. If we understand the Belt's attack as transcending mere bloodthirst and demolishing the unquestioned (...) colonial system that denies their very humanity, the case for anti‐colonial violence becomes much more compelling. Marco's vision of the future, in which Earth and Mars keep to their planets and a self‐determining Belt can finally live free of persecution, is juxtaposed against Avasarala's vision of peace in Luna Station. (shrink)