Lawyers and the legal system have been much criticized in recent years. Despite popular perceptions, the legal system contains numerous mechanisms and rules designed to ensure fair results. This paper shows how the legal system tries to implement, in commercial transactions, the ethical principles of truthfulness and fairness. The Anglo-American development of Equity Courts is reviewed briefly. Several examples of the Law's enforcement of ethical principles are presented, in four different legal areas: Contracts, Securities, Goods, and Real Estate. The intent (...) here is to present an overview of the problem, with area-specific illustrations, rather than a comprehenisve examination of the cases in just one area. (shrink)

This paper will examine the implications of an extended “field theory of information,” suggested by Wolfhart Pannenberg, specifically in the Christian understanding of creation. The paper argues that the Holy Spirit created the world as field, a concept from physics, and the creation is directed by the logos utilizing information. Taking into account more recent developments of information theory, the essay further suggests that present creation has a causal impact upon the information utilized in creation. In order to adequately address (...) Pannenberg's hypothesis that the logos utilizes information at creation the essay will also include an introductory examination of Pannenberg's Christology which shifts from a strict “from below” Christology, to a more open “third way” of doing Christology beyond “above” and “below.” The essay concludes with a brief section relating the implications of an extended “field theory of information” to creative inspiration, as well as parallels with human inspiration. (shrink)

A considerable literature exists regarding the moral obligation to keep one's promises. Several authors have focused on the exceptional circumstances which may or should excuse this moral duty. Less frequently discussed is the question of how this general moral obligation and its possible exceptions play out in the context of negotiable written promises to pay money, i.e., so-called "commercial paper." This paper focuses on the application of the legal rules governing commercial paper, and on the ethical implications involved in the (...) application of those rules. More specifically, it asks whether the assertion of the technical doctrine known as "holder in due course," and the denial of that status in some cases, promotes ethical behavior in the marketplace. By examining the circumstances of one case, involving a substantial investment and a large bank, I hope to shed some light on how the legal and ethical rules do in fact "intersect.". (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

White on White/Black on Black is a unique contribution to the philosophy of race. The text explores how 14 philosophers, 7 white and 7 black, philosophically understand the dynamics of the process of racialization.

This volume is a collection of essays by various contributors in honor of the late Laurence Berns, Richard Hammond Elliot Tutor Emeritus at St. John's College, Annapolis. The essays address the literary, political, theological, and philosophical themes of his life's work as a scholar, teacher, and constant companion of the "great books.".

Volume II of two readers containing essential important works on constitutional liberty and the foundations of modern western political theory. This second volume contains works from King George II through Hitler and Stalin.

George W. Roberts; III—Some Questions in Epistemology, Proceedings of the Aristotelian Society, Volume 70, Issue 1, 1 June 1970, Pages 37–60, https://doi.org/10.

Das Vorlesungsmanuskript zur "Naturphilosophie und Philosophie des Geistes" aus den Jahren 1805/06 stellt den spätesten der drei erhaltenen Systementwürfe aus der Jenaer Zeit Hegels dar. Hinsichtlich der Naturphilosophie zeichnet sich der Text dieser Vorlesung dadurch aus, daß er erstmals über eine systematische Gliederung verfügt, die der des Teils über die Philosophie der Natur in der Enzyklopädie von 1817 schon sehr nahekommt; hinsichtlich der Philosophie des Geistes dokumentiert der Text von 1805/06 die letzte Stufe der in den Jenaer Jahren vollzogenen Umformulierung (...) der Philosophie der Sittlichkeit zu einer Theorie des Bewußtseins. (shrink)

Georges Bataille considered The Accursed Share, his radical critique of economic theories based on rational categories of need, scarcity, and utility, his most important project. In Volume I, he announced two further volumes, The History of Eroticism and Sovereignty, but he never published them in book form. This Zone edition includes in a single volume a reconstruction of completed versions of these texts as published in Bataille’s posthumous collected works. Here, Bataille expands on the notion developed in Volume I of (...) an economics based not on the management of scarce resources but on the exuberant consumption of excess production, the accursed share. In its first part, Bataille identifies eroticism as an ideal form of consumption, since in his view it is useless, purposeless. As this expenditure of excess energy demarcates the realm of human autonomy, the study of eroticism leads naturally to an examination of sovereignty, in which Bataille defines the sovereign individual as one who consumes and does not labor, creating a life beyond the realm of utility. (shrink)

This new translation of The Science of Logic (also known as 'Greater Logic') includes the revised Book I (1832), Book II (1813), and Book III (1816). Recent research has given us a detailed picture of the process that led Hegel to his final conception of the System and of the place of the Logic within it. We now understand how and why Hegel distanced himself from Schelling, how radical this break with his early mentor was, and to what extent it (...) entailed a return (but with a difference) to Fichte and Kant. In the introduction to the volume, George di Giovanni presents in synoptic form the results of recent scholarship on the subject, and, while recognizing the fault lines in Hegel's System that allow opposite interpretations, argues that the Logic marks the end of classical metaphysics. The translation is accompanied by a full apparatus of historical and explanatory notes. (shrink)

In this response, George Ellis comments on the publications of part III. He responds first to Denis Noble, before outlining his thoughts on Larissa Albantakis’, Francesco Massari’s, Maggie Beheler-Amass’ and Giulio Tononi’s piece.

This translation of The Science of Logic includes the revised Book I, Book II and Book III. Recent research has given us a detailed picture of the process that led Hegel to his final conception of the System and of the place of the Logic within it. We now understand how and why Hegel distanced himself from Schelling, how radical this break with his early mentor was, and to what extent it entailed a return to Fichte and Kant. In the (...) introduction to the volume, George Di Giovanni presents in synoptic form the results of recent scholarship on the subject, and, while recognizing the fault lines in Hegel's System that allow opposite interpretations, argues that the Logic marks the end of classical metaphysics. The translation is accompanied by a full apparatus of historical and explanatory notes. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.