This article considers Hobbes’ contribution to the development of constitutionalist thought by contextualizing his treatment of the concepts of treason and fundamental law in De cive (1642, 2nd ed. 1647) and Leviathan (1651). While in Leviathan he adopts the controversial conception of treason as a violation of fundamental law that had been employed to convict Charles I of high treason in 1649, he draws on the original meaning of the term “fundamental law”, as outlined in the most (...) influential early analysis of Innocent Gentillet, to deny that fundamental laws can constrain the rights and powers of the sovereign. He bolsters this position by treating fundamental law as natural, not civil, law. While citizens commit treason when they violate the original covenant that establishes the sovereign, citizens cannot appeal to a human court for violations of fundamental law by the sovereign (who must render account for violations of natural law only to God). Hobbes’ ingenious reconceptualization of fundamental law, hence, shows that, when understood correctly, the theory of treason embraced by parliamentarians could never support the violent resistance against, and overthrow of, a monarch like Charles I. (shrink)

The question of constructing an evolutionary picture of the world based on the results obtained by extending classical mechanics is considered. The expansion of mechanics arose as a result of taking into account the role of the structure of bodies in their dynamics. It is shown that such an extension leads to the possibility of combining branches of physics, in particular, to the substantiation of the laws of thermodynamics, statistical physics, kinetics within the framework of the laws of classical mechanics. (...) It turned out that, according to the laws of classical mechanics, matter is infinitely divisible and can be represented by an infinite hierarchical structure from simple to complex. The expansion showed the existence of universal principles connecting the laws of the upper rung of the hierarchical ladder of matter with the laws of the lower rung. It is considered how they lead to the possibility of constructing a picture of the world based on the fundamental laws of nature. (shrink)

In this paper, I discuss the problem of scientific laws in general and laws of biology in particular. After reviewing the debate around the existence of laws in biology, I examine the subject in the light of the structuralist notion of a fundamental law and argue for the law of matching as the fundamental law of genetics.

As a result of the political developments in the young and struggling Dutch Republic, Grotius experienced the lack of, and the need for juridical protection of some basic rights against infringements by the government. The privileges, taken for fundamental laws, did not provide this protection sufficiently. After he himself had been prosecuted, Grotius falls back on Holland's division of powers to secure the compliance of these rights.

The status of fundamental laws is an important issue when deciding between the three broad ontological options of fundamentalism (of which the thesis that physics is complete is typically a sub-type), emergentism, and disorder or promiscuous realism. Cartwright’s assault on fundamental laws which argues that such laws do not, and cannot, typically state the facts, and hence cannot be used to support belief in a fundamental ontological order, is discussed in this context. A case is made in (...) defence of a moderate form of fundamentalism, which leaves open the possibility of emergentism, but sets itself against the view that our best ontology is disordered. The argument, taking its cue from Bhaskar, relies on a consideration of the epistemic status of experiments, and the question of the possible generality of knowledge gained in unusual or controlled environments. (shrink)

INTERNATIONAL STUDIES IN THE PHILOSOPHY OF SCIENCE Vol. 5, number 1, Autumn 1991, pp. 79-87. R.M. Nugayev. -/- The fundamental laws of physics can tell the truth. -/- Abstract. Nancy Cartwright’s arguments in favour of phenomenological laws and against fundamental ones are discussed. Her criticisms of the standard cjvering-law account are extended using Vyacheslav Stepin’s analysis of the structure of fundamental theories. It is argued that Cartwright’s thesis 9that the laws of physics lie) is too radical to (...) accept. A model of theory change is proposed which demonstrates how the fundamental laws of physics can, in fact, be confronted with experience. -/- . (shrink)

This chapter focuses on the dispute between necessitarians and contingentists, mainly addressing the issue as to whether laws of nature are metaphysically necessary or metaphysically contingent with a weaker kind of necessity, commonly referred to as natural, nomological, or nomic necessity. It is assumed here that all fundamental properties are dispositional or role properties, making the dispute a strictly verbal one. The existence of categorical intrinsic properties as well as dispositional properties is also assumed and the relationship between them (...) examined. Finally, the chapter concludes by returning to the debate between necessitarians and contingentists under the assumption that both dispositional and categorical fundamental properties exist. It is argued here that necessitarian positions can be recast as contingentist, but that there are unequivocally contingentist positions preferred because they are less mysterious despite being ontologically more complex. (shrink)

v. 1. Introduction to the study of Qurʼan -- v. 2. Surat ul-Faateha to Surat-ul-Baqarah (sections 1-21) -- v. 3. Surat-ul-Baqarah (sections 22 to 37) -- v. 4. Surat-ul-Baqarah (sections 38-40), Surat Aal-e-Imran, Surat-un-Nisa (sections 1 and 2) -- v. 5. Surat-un-Nisa (sections 3 to 24), Surat Al-Maaʼidah (complete), Surat Al-Anʼaam (sections 1-5) -- v. 6. Surat Al-Anʼaam (sections 6-20) -- v. 7. Surat Yunus to Surat Ibrahim -- v. 8. Surat al-Hijr to Surat al-kahf -- v. 9. Surat Maryam (...) to Surat-ul-Moʼminoon -- v. 10. Surat-un-Noor to Surat-ul-Qasas -- v. 11. Suratul Ankaboot to Surat Faatir -- v. 12. Surat Yaaseen to Surat-ush-Shoora -- v. 13. Surat Zukhruf to Surat Toor -- v. 14. Surat-un-Najm to Surat-ul-Munafiqoon -- v. 15. Surat-at-Taghaabun to Surat-al-Infitaar -- v. 16. Surat-at-Tateef to surat-an-Naas. (shrink)

In this paper I discuss the relationship between model, theories, and laws in the practice of experimental scale modeling. The methodology of experimental scale modeling, also known as physical similarity, differs markedly from that of other kinds of models in ways that are important to issues in philosophy of science. Scale models are not discussed in much depth in mainstream philosophy of science. In this paper, I examine how scale models are used in making inferences. The main question I address (...) in this talk is ``How are fundamental laws involved in the construction of, and inferences drawn from, experimental scale models?'' We shall see that there is a refreshing alternative to the mainstream view that models can serve only as intermediaries between theory and experiment. Using the methodology of scale models, one can use observations on one piece of the world to make inferences about another piece of the world, without involving an intermediate abstract model about which one reasons. The philosophical significance of that point to philosophy of science is that the method of physical similarity, which provides the basis for inferences based upon scale models, is a qualitatively different way in which fundamental laws can be used in analogical reasoning that is truly informative. Finally, as this method provides a formal basis for case-based reasoning, it may be helpful in formalizing methods used in some of the so-called ``special sciences''. (shrink)

It has been argued that the fundamental laws of physics do not face a ‘problem of provisos’ equivalent to that found in other scientific disciplines (Earman, Roberts and Smith 2002) and there is only the appearance of exceptions to physical laws if they are confused with differential equations of evolution type (Smith 2002). In this paper I argue that even if this is true, fundamental laws in physics still pose a major challenge to standard Humean approaches to lawhood, (...) as they are not in any obvious sense about regularities in behaviour. A Humean approach to physical laws with exceptions is possible, however, if we adopt a view of laws that takes them to be the algorithms in the algorithmic compressions of empirical data. When this is supplemented with a distinction between lossy and lossless compression, we can explain exceptions in terms of compression artefacts present in the application of the lossy laws. (shrink)

The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would need to be (...) assessed for their empirical adequacy but not for their ability to capture fundamental truths, or the like. If, on the other hand, ecology does have laws, this prompts further questions about what these laws are and why even the best candidates for ecological laws fall short of what might be expected of laws. (shrink)

Orthodoxy has it that only metaphysically elite properties can be invoked in scientifically elite laws. We argue that this claim does not fit scientific practice. An examination of candidate scientifically elite laws like Newton’s F = ma reveals properties invoked that are irreversibly defined and thus metaphysically non-elite by the lights of the surrounding theory: Newtonian acceleration is irreversibly defined as the second derivative of position, and Newtonian resultant force is irreversibly defined as the sum of the component forces. We (...) think that scientists are happy to invoke metaphysically non-elite properties in scientifically elite laws for reasons of convenience, such as to simplify the equations and to make them more modular. On this basis, we draw a deflationary moral about laws themselves, as being merely convenient summaries. 1 Introduction2 Orthodoxy2.1 Orthodoxy stated2.2 Orthodoxy explained2.3 A worrisome commitment: Term objectivism3 The Loose View3.1 The argument from practice3.2 Finding the scientifically elite equations3.3 Diagnosing the metaphysically non-elite properties3.4 Situating our challenge4 Newtonian Mechanics4.1 Newtonian acceleration4.2 Newtonian resultant force4.3 A metaphysical discovery?5 Objections5.1 Metaphysically elite after all?5.2 Scientifically non-elite after all?5.3 But our world is not Newtonian!6 Consequences6.1 Consequences for the motivations for link6.2 Consequences for metaphysically elite properties6.3 Consequences for lawhood. (shrink)

The question of what constitutions should do is deeply connected to what constitutions are. In the American founding conception, a constitution was a fundamental law, hierarchically superior to the decisions of the legislature, and intended to act as a restraint on legislative action. Despite the massive gulf between the ancient Greeks and the Americans, classical Athens offers an important lesson about how the failure to recognize fundamental laws can lead to catastrophic consequences. The evidence suggests that the Athenians (...) understood the need for conceptual, procedural, and institutional distinctions between the fundamental laws and the more specific decrees of the governing institutions. The Athenian and American experiences also suggest that certain philosophical positions conditioned their understanding of their fundamental laws, and guided the practices that followed from that understanding. (shrink)

Fire safety expertise was in great demand following the Grenfell Tower fire in London in June 2017. The government established a review of building regulations and an expert panel to inform its responses to Grenfell, and many other relevant organisations also formed their own expert panels. However, expert knowledge in fire safety is a highly contested domain, with knowledge claims based on differing sources. Fire fighters can claim expertise based on their experience of fighting fires, scientists and science-based engineers can (...) claim expertise from experimentation, and those who create and enact regulations can claim expertise in what can termed ’codespeak’—the language of regulation. Although distanced from fundamental empirical experience of fire, codespeak is powerful because of its relative clarity and certainty, and legal status. Building users also bring their own form of ‘local’ expertise—they have first-hand experience of the practicalities of the solutions wrought by the other experts. Policy-makers thus face many competing forms of expert advice on fire safety, and their ability to judge what is most relevant in any particular case rests on the existence of a sufficient range and depth of in-house government expertise. (shrink)

This article examines the social development of Hong Kong's cultural and national identity since its return from the UK to the People's Republic of China nearly six years ago, focusing on the extent to which Hong Kong students are now inculcated in traditional Chinese music and express their devotion to the PRC through singing the national anthem. Hong Kong music teachers experience conflicts concerning their roles as music teachers and as purveyors of values education. These observations raise fundamental questions (...) concerning the sociopolitical function of values education in the music classroom. (shrink)

The beauty of electricity, or of any other force, is not that the power is mysterious and unexpected, touching every sense at unawares in turn, but that it is under law... Michael Faraday, Wheatstone's Electric Telegraph's Relation to Science (being an argument in favour of the full recognition of Science as a branch of Education), 1854.

Generalizations strengthen in traditional sciences, but in psychology (and social and behavioral sciences, more generally) they decay. This is usually viewed as a problem requiring solution. It could be viewed instead as a law-like phenomenon. Generalization decay cannot be squelched because human behavior is metastable and all behavioral data collected thus far have resulted from a thin sliver of human time.

This doctoral dissertation investigates the notion of physical necessity. Specifically, it studies whether it is possible to account for non-accidental regularities without the standard assumption of a pre-existent set of governing laws. Thus, it takes side with the so called deflationist accounts of laws of nature, like the humean or the antirealist. The specific aim is to complement such accounts by providing a missing explanation of the appearance of physical necessity. In order to provide an explanation, I recur to fields (...) that have not been appealed to so far in discussions about the metaphysics of laws. Namely, I recur to complex systems’ theory, and to the foundations of statistical mechanics. The explanation proposed is inspired by how complex systems’ theory has elucidated the way patterns emerge, and by the probabilistic explanations of the 2nd law of thermodynamics. More specifically, this thesis studies how some constraints that make no direct reference to the dynamics can be a sufficient condition for obtaining in the long run, with high probability, stable regular behavior. I hope to show how certain metaphysical accounts of laws might benefit from the insights achieved in these other fields. According to the proposal studied in this thesis, some regularities are not accidental not in virtue of an underlying physical necessity. The non-accidental character of certain regular behavior is only due to its overwhelming stability. Thus, from this point of view the goal becomes to explain the stability of temporal patterns without assuming a set of pre-existent guiding laws. It is argued that the stability can be the result of a process of convergence to simpler and stable regularities from a more complex lower level. According to this project, if successful, there would be no need to postulate a (mysterious) intermediate category between logical necessity and pure contingency. Similarly, there would be no need to postulate a (mysterious) set of pre-existent governing laws. Part I of the thesis motivates part II, mostly by arguing why further explanation of the notions of physical necessity and governing laws should be welcomed (chapter 1), and by studying the plausibility of a lawless fundamental level (chapters 2 and 3). Given so, part II develops the explanation of formation of simpler and stable behavior from a more complex underlying level. (shrink)

Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...) such connections, like this one, are general rather than particular. I call these general non-causal explanatory connections 'laws of metaphysics'. In this paper I argue that some of these laws are to be found in the world at its most fundamental level, forming a bridge between fundamental reality and everything else. It is only by admitting fundamental laws, I suggest, that we can do justice to the explanatory relationship between what is fundamental and what is not. And once these laws are admitted, we are able to provide a nice resolution of the puzzle of why there are any non-fundamental facts in the first place. (shrink)

In this essay, I contend that the usually neglected Fundamental Law of the Commonwealth, which commands that the essential rights of the sovereign be retained by the sovereign, imposes substantial...

An attempt to state the general laws derived from many subsidiary studies of social life in religion, politics, economics, psychology and the rest.

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord with the fundamental (...) direction of time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do. (shrink)

Brian Loar believes he has refuted all those antiphysicalist arguments that take as their point of departure observations about what is or isn't conceivable. I argue that there remains an important, popular and plausible-looking form of conceivability argument that Loar has entirely overlooked. Though he may not have realized it, Saul Kripke presents, or comes close to presenting, two fundamentally different forms of conceivability argument. I distinguish the two arguments and point out that while Loar has succeeded in refuting one (...) of Kripke's arguments he has not refuted the other. Loar is mistaken: physicalism still faces an apparently insurmountable conceptual obstacle. (shrink)

What grounds facts of ground? Some metaphysicians invoke fundamental grounding laws to answer this question. These are general principles that link grounded facts to their grounds. The main business of this paper is to advance the debate about the metaphysics of grounding laws by exploring the prospects of a plausible yet underexplored minimalist account, one which is structurally analogous to a familiar Humean conception of natural laws. In the positive part of this paper, I articulate such a novel view (...) and argue for its merits. The minimalist account shuns essences and takes laws to be unmysterious elite regularities. Therefore, it is a promising alternative for theorists of ground who spurn the acceptance of essentialism about the grounding laws but think that these are needed in our theorizing. In the negative part, I argue that widely accepted principles of ground, coupled with the tenets of minimalism, jeopardize the fundamentality of the grounding laws. I discuss two immediately available and prima facie appealing strategies to evade this threat. However, I show that both have undesirable theoretical costs. I conclude by casting doubts on whether the benefits of a minimalist account of fundamental grounding laws outweigh such costs. (shrink)

Written by a noted expert in criminal law, this book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows this book to take more nuanced positions about many important controversies in criminal (...) law. It argues, for example, that liability for omissions and for negligence-and even some strict liability elements-can sometimes be legitimate yet, at the same time, should be relatively rare. It also explains why principles of causation can differ in the criminal law from other contexts; what is wrong with the 'voluntary act' requirement; and why luck can affect the wrongs we commit without changing our degree of blameworthiness for committing them. The book concludes with an account of the major types of defences, and of how they interact with an agent's wrong and her underlying motivations.This volume presents a coherent and rich vision of the criminal law that, by its sheer breadth, makes a distinctive contribution to the literature, of interest to lawyers and philosophers alike. (shrink)

The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the US and its influence is growing steadily outside America as well. 2013 marked the fortieth anniversary of the publication of Richard Posner's Economic Analysis of Law, the book that launched the Law and Economics movement. The eighth edition of the book was published in 2011, this time competing against over twenty textbooks, collections and casebooks on law and economics. Although there (...) has been phenomenal growth in this area questions remain. Why has Law and Economics movement become so successful? What is the current status of the Chicago School? What are the alternative theories and how much influence do they exert? What can be considered mainstream today? What are the norms and values underlying this impressive body of research? These issues, amongst others, are thoroughly explored by the contributors. (shrink)

Vol. 1. Mishne Torah: the book of knowledge, the book of women and the book of sanctity, the book of service -- Vol. 2. Mishne Torah: the book of sacrifices, the book of utterances, the book of agriculture, the book of purity, the book of damages, the book of acquisition, the book of judgements, the book of judges; Introduction to the Mishnah; Eight chapters on ethics; Discourse on the world to come; Letter to Yemen; Discourse on martyrdom.

Fundamental properties and the laws of nature go hand in hand: mass and gravitation, charge and electromagnetism, spin and quantum mechanics. So, it is unsurprising that one's account of fundamental properties affects one's view of the laws of nature and vice versa. In this essay, I will survey a variety of recent attempts to provide a joint account of the fundamental properties and the laws of nature. Many of these accounts are new and unexplored. Some of them (...) posit surprising entities, such as counterfacts. Other accounts posit surprising laws of nature, such as instantaneous laws that constrain the initial configuration of particles. These exciting developments challenge our assumptions about our basic ontology and provide fertile ground for further exploration. (shrink)

The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich, is of a very high..

The expression "fundamental change" in the title was chosen as wider and less laden with connotation than "revolution." The study, which was originally a Yale Ph.D. dissertation, compares the views of fundamental change in H. L. A. Hart's Concept of Law and in J. P. Sartre's Critique de la raison dialectique. The two authors studied offer opportunity for interesting contrasts between analytic and dialectical methodologies. Hart's philosophy of law is considered in the first part in contrast with the (...) less convincing theories of Kelsen and of several contemporary Scandinavian legal philosophers. The central place of rules in Hart's thinking is suitably emphasized; fundamental change is considered in this legal philosophy under the heading, "The Pathology of a Legal System." In Sartre, the notions of totalization and the oath are as central as the notions of rules and acceptance are in Hart. McBride's treatment of the two authors is even-handedly critical, void of partisan polemics. Both approaches are seen to have some strengths and also some limitations. McBride feels that the two methods should somehow be complementary, but he has not yet developed an adequate framework for bringing them into dynamic and fruitful relationship. Nevertheless, this study contains a wealth of useful information regarding two very important works; it suggests important points of comparison and contrast; and it raises many important and often-neglected questions. The author has done a careful job of research which indicates that he has very considerable potential as a scholar, perhaps especially in the continental materials which he handles with assurance.--G. G. G. (shrink)

If all the fundamental constants x of physics were expressed in one set of units (e.g., mks) and then used as pure numbers in one overall histogram, what shape would that histogram have? Based on some invariances that the law should reasonably obey, we show that it should have either an x−1 or an x−2 dependence. Empirical evidence consisting of the presently known constants is consistent with an x−1 law. This is independent of the system of units chosen for (...) the constants. The existence of the law suggests that the fundamental constants may have been independently and randomly chosen, at creation, from it, and hence that at the next “big bang” randomly a different set will be produced. Also, because of the law, the number 1.0 has an interesting cosmological property: it is the theoretical median of all the fundamental constants. Finally, as a practical matter, the law predicts that current methods of evaluating the fundamental constants are biased toward overly large numbers. A correction term is given for each of three kinds of noise. (shrink)

Our concept of the universe and the material world is foundational for our thinking and our moral lives. In an earlier contribution to the URAM project I presented what I called 'the ultimate organizational principle' of the universe. In that article (Grandpierre 2000, pp. 12-35) I took as an adversary the wide-spread system of thinking which I called 'materialism'. According to those who espouse this way of thinking, the universe consists of inanimate units or sets of material such as atoms (...) or elementary particles. Against this point of view on reality, I argued that it is 'logic', which exists in our inner world as a function of our mind, that is the universal organizing power of the universe. The present contribution builds upon this insight. Then I focussed on rationality; now I am interested in the responsibility that is the driving force behind our effort to find coherence and ultimate perspectives in our cosmos. It is shown that biology fundamentally differs from physics. Biology has its own fundamental principle, which is formulated for the first time in history in a scientific manner by Ervin Bauer. This fundamental principle is the cosmic life principle. I show that if one considers the physical laws as corresponding to reality, as in scientific realism, than physicalism becomes fundamentally spiritual because the physical laws are not material. I point out that the physical laws originate from the fundamental principle of physics which is the least action principle. I show that the fundamental principle of physics can be considered as the "instinct of atoms". Our research has found deep and meaningful connections between the basic principle of physics and the ultimate principles of the universe: matter, life and reason. Therefore, the principle of least action is not necessarily an expression of sterile inanimateness. On the contrary, the principle of physics is related to the life principle of the universe, to the world of instincts behind the atomic world, in which the principles of physics, biology, and psychology arise from the same ultimate principle. Our research sheds new light to the sciences of physics, biology, and psychology in close relation to the basic principles. These ultimate principles have a primary importance in our understanding of the nature of Man and the Universe, together with the relations between Man and Nature, Man and the Universe. The results offer new foundations for our understanding our own role in the Earth, in the Nature and in the Universe. Even the apparently inanimate world of physics shows itself to be animate on long timescales and having a kind of pre- human consciousness in its basic organisation. This hypothesis offers a way to understand when and how the biological laws may direct physical laws, and, moreover, offers a new perspective to study and understand under which conditions can self-consciousness govern the laws of biology and physics. This point of view offers living beings and humans the possibility of strengthening our natural identity, and recognising the wide perspective arising from having access to the deepest ranges of our own human resources and realising the task for which human and individual life has been created. (shrink)

My discussion will focus on Simester’s overall analysis of the “general part” of criminal law theory, setting aside the book’s rich and careful analyses of many specific topics. Quite rightly, in my view, Simester wishes to emphasize criminal law’s prohibitions, and their moral as well as legal importance. My criticism is that Simester runs together moral and legal categories in a way that distorts both. Simester grounds lawful punishment in a specific notion of moral culpability. In my view, this moralized (...) interpretation of the general part places the wrong sort of focus on defendants and edges victims from view. We make better sense of criminal responsibility if we focus on the state’s duty to uphold rights and to insist that no one get their way by force or fraud. This implies a more indirect concern with the moral failings that lead people to violate others’ rights. It also reminds us of an inherent danger of criminal law, one that has unfortunate echoes in the theoretical framing of the “general part”: how often it fails to do justice to victims. (shrink)