Book reviewed in this article: Sex, Drugs, Death and the Law: An Essay on Human Rights and Overcriminalization. By David A. J. Richards. Totowa, NJ: Rowman and Littlefield, 1982. xii + 316 pp. $26.95.

Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime-- Commentaries is at (...) last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason. (shrink)

This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jung's psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book (...) describes how the typological structure of an individual determines their understanding of law. It then addresses the way in which inclusive legal theory can be understood based on this typology. Finally, the book describes the TTL in general and descriptive terms and puts it into context. All in all, the book shows how the integral or inclusive approach to understanding the nature of law is not only in tune with our time, but also relevant for presenting a more persuasive picture of law than the older exclusivist or dualist approaches of strict natural law and rigid legal positivism did. (shrink)

Marriage is ordinarily a public practice, supported by, as well as supportive of, society. But it need not fall within the purview of the state. Public Practice, Private Law articulates a conception of marriage as a morally rich and important institution that ought to be subject to private rather than legislative or judicial ordering. It elaborates a robust understanding of marriage that captures what both different-sex and same-sex couples might see as valuable about their relationships. It explains why sexual ethics (...) won't yield a normative model of marriage, and why the kind of marital love worth wanting, can. It goes on to show how an understanding of marriage as rooted in demanding commitments can allow for divorce before arguing that the state should cease to sponsor marriages. It concludes by suggesting that both state and non-state institutions should acknowledge the marriages of same-sex couples. (shrink)

On normative order -- On institutional order-- Law and the constitutional state -- A problem : rules or habits? -- On persons -- Wrongs and duties -- Legal positions and relations : rights and obligations -- Legal relations and things : property -- Legal powers and validity -- Powers and public law : law and politics -- Constraints on power : fundamental rights -- Criminal law and civil society : law and morality -- Private law and civil society : law (...) and economy -- Positive law and moral autonomy -- On law and justice -- Law and values : reflections on method. (shrink)

First published in 1877, this book analyses the laws that govern human relations with society and with the natural world.

In the Law of Civilisation and Decay, Adams considers various societies and civilisations by the symbolism, manner and influence of their coinage, and concludes that a society or civilisation becomes sapped of its culture-vigour, when entering a cycle where money becomes the dominant factor rather than merely serving as a mechanism.

An argument for why Plato’s Laws can be considered his most important political dialogue In Plato's Second Republic, André Laks argues that the Laws, Plato’s last and longest dialogue, is also his most important political work, surpassing the Republic in historical relevance. Laks offers a thorough reappraisal of this less renowned text, and examines how it provides a critical foundation for the principles of lawmaking. In doing so, he makes clear the tremendous impact the Laws had not only on political (...) philosophy, but also on modern political history. Laks shows how the four central ideas in the Laws—the corruptibility of unchecked power, the rule of law, a “middle” constitution, and the political necessity of legislative preambles—are articulated within an intricate and masterful literary architecture. He reveals how the work develops a theological conception of law anchored in political ideas about a god, divine reason, that is the measure of political order. Laks’s reading opens a complex analysis of the relationships between rulers and citizens; their roles in a political system; the power of reason and persuasion, as opposed to force, in commanding obedience; and the place of freedom. Plato's Second Republic presents a sophisticated reevaluation of a philosophical work that has exerted an enormous if often hidden influence even into the present day. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Plato’s Second Republic: An Essay on the Laws by André LaksSusan Sauvé MeyerLAKS, André. Plato’s Second Republic: An Essay on the Laws. Princeton, N.J.: Princeton University Press, 2022. x + 278 pp. Cloth, $35.00When the unnamed Athenian of Plato’s Laws specifies the constitution and law code for the (fictional) city of Magnesia, he retreats from some of the more notorious principles that structure the ideal city (...) in the Republic, most notably the prohibition against private property and private families for the city’s rulers and the explicit mandate that the rulers be philosophers. Magnesia will be governed by its property-owning citizens in a constitutional regime where law is the supreme political authority. Both [End Page 355] retreats are marked by the Athenian as making Magnesia “second best” in relation to the ideal.One of Laks’s striking theses is that the ideal from which the Laws’s second-best city falls short is not simply that of the Republic. Within the Laws itself, he argues, the Athenian articulates a “legislative utopia” and a constitutional ideal that are only imperfectly realized in the city identified as “second.” The constitutional ideal is articulated in book 3 in the mandate that a constitution achieve a mean (meson) between democracy and monarchy, while the legislative ideal underwrites the mandate in book 4 that laws should have persuasive preludes.While the constitutional “mean” mandated in book 3 is often characterized as “the mixed constitution,” Laks argues that what is mandated is not a mixture of monarchical and democratic institutions, but rather a synthesis of democracy and monarchy, with each institution implementing both democratic and monarchical principles. Laks calls such a mean a “middle.” If the mandated constitutional “middle” were fully achieved, he claims, democratic equality would be synthesized with the inequality of monarchy and thereby transformed from arithmetical into proportional equality. Similarly, democratic freedom would be synthesized with submission to authority, and transformed from negative freedom from authority into the positive freedom of rationality. Laks proposes that the freedom to emerge from this “metamorphosis” is the “voluntary servitude to the laws” lauded in book 3. While he acknowledges that Plato nowhere identifies such servitude to law as freedom, Laks locates that conception on the horizon of the conceptual metamorphosis of freedom that he finds in the Laws.Neither synthesis—of equality or of freedom—is perfectly achieved in the city whose constitution and law code are specified in the Laws, according to Laks; this is the burden of his remark that the constitution of Magnesia is “a mixture (sit venia verbo) of a mix and a middle.” A residue of unmitigated arithmetical equality remains in the constitution specified in book 6 to the extent that it includes a paradigmatically democratic procedure, the lottery, among the otherwise meritocratic procedures for appointing citizens to public office. A residue of despotism remains in the law code of Magnesia to the extent that the persuasive preludes to its statutes employ the manipulative rhetoric of praise and blame rather than philosophical arguments that display the rational grounding of the law in divine reason.Both retreats from the ideal are necessitated, on Laks’s interpretation, by the imperfect rationality of human beings. Not every person can learn to appreciate the superiority of proportional to arithmetical equality, or the perfect rationality of the laws’ prescriptions. In a “legislative utopia” citizens will obey the law because they appreciate its rational grounding, but that ideal is not fully achievable in a community of human beings. However rational the laws’ prescriptions may be, citizens’ obedience must be secured by nonrational means as well—hence the Athenian’s characterization of the politeia of the Laws as a “tragedy” (817b). [End Page 356]Laks’s exposition of these (and other) themes over the course of the volume is cumulative rather than sequential, diffuse rather than regimented, and deliberately sensitive to the literary features of Plato’s text and the ways in which its message may be allusive, indirect, or equivocal. What emerges from Laks’s learned engagement with the text is an interpretation that is “suggested” (an oft used phrase in the volume) rather than mandated by... (shrink)

This study explores Kant's accounts of acting from inclination and pursuing happiness. It culminates in two findings. First, Kant fails in his attempt to prove a central tenet of his ethics, namely that there can be no practical law of happiness. Second, Kant's critics have unfairly condemned his account of the role pleasure plays in acting from inclination. Chapter I, devoted to Kant's theory of agency, offers readings of his notions of willing, acting, and acting on a maxim. The chapter (...) rejects the orthodox interpretation of the will as the capacity for choice, arguing that Willkur is actually the capacity to act-on-choice. Chapter II focuses on Kant's account of the role pleasure plays in actions performed from inclination. According to the traditional interpretation, defended by T. H. Green and others, Kant holds that whenever an agent acts from inclination, she has pleasure as her only ultimate end. The chapter offers an alternative to this radically hedonistic reading, arguing that, with equal plausibility but more charity, we may interpret Kant to hold the following: whenever an agent acts from inclination, she has pleasure or the avoidance of displeasure as an ultimate end, but not necessarily as her only one. Chapter III offers a reading of Kant's views on happiness. It argues that his two main conceptions, i.e., his hedonistic and his inclination-based one, are not equivalent. Chapter IV shows that not one of Kant's six arguments for the claim that there can be no practical law of happiness succeeds. Chapter V also begins on a critical note, questioning the plausibility of Kant's conceptions of happiness. It ends by arguing that Kant's account of the role pleasure plays in acting from inclination stands up well to criticisms, including those advanced by Bernard Williams and Phillips Griffiths. With the help of this account, Kant is able to rebut the serious charge that his practical philosophy does not allow for the possibility of genuine friendship. (shrink)

Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first (...) integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial. (shrink)

Much has been written about Hume’s infamous statement that an “ought” cannot be derived from an “is,” leading many readers to wonder whether there is anything new to say about it. Salwén’s discussion of “Hume’s Law” shows that not only is there something new to say about the topic, but also that there is much more work to be done on it. His stated purpose is “to assess the tenability and significance of Hume’s law” by exploring the different ways it (...) can be interpreted and the implications each interpretation has for broader issues in meta-ethics, epistemology, and the philosophy of language. (shrink)

Man will never be virtuous, until his interests instruct him to be so. So long as these shall even so much as seem opposed to his virtue, he will inevitably pursue the former and renounce the latter. That which must be done, is to clear from his mind the horrible mists and fogs of prejudice--bid him no longer worship the cold prescriptions of policy, for the warm principles of justice--to free his soul from the fetters of authority--to remit and exalt (...) him to himself--to let him seek, by the light of his conscience alone, in the joyous, genial climate of his own free spirit, for all the rules of his conduct. Then, and not till then, will he be virtuous and happy.--(PsycINFO Database Record (c) 2008 APA, all rights reserved). (shrink)

The Law of Non-Contradiction - that no contradiction can be true - has been a seemingly unassailable dogma since the work of Aristotle, in Book G of the Metaphysics. It is an assumption challenged from a variety of angles in this collection of original papers. Twenty-three of the world's leading experts investigate the 'law', considering arguments for and against it and discussing methodological issues that arise whenever we question the legitimacy of logical principles. The result is a balanced inquiry into (...) a venerable principle of logic, one that raises questions at the very centre of logic itself. The aim of this volume is to present a comprehensive debate about the Law of Non-Contradiction, from discussions as to how the law is to be understood, to reasons for accepting or re-thinking the law, and to issues that raise challenges to the law, such as the Liar Paradox, and a 'dialetheic' resolution of that paradox. The editors contribute an introduction which surveys the issues and serves to frame the debate, and a useful bibliography offering a guide to further reading. This volume will be of interest to anyone working on philosophical logic, and to anyone who has ever wondered about the status of logical laws and about how one might proceed to mount arguments for or against them. (shrink)

The Law of Non-Contradiction - that no contradiction can be true - has been a seemingly unassailable dogma since the work of Aristotle. It is an assumption challenged from a variety of angles in this collection of original papers. Twenty-three of the world's leading experts investigate the 'law', considering arguments for and against it and discuss methodological issues that arise. The result is a balanced inquiry into a venerable principle of logic, one that raises questions at the very centre of (...) logic itself. (shrink)

For a century or more political theology has been in decline. Recent years, however, have seen increasing interest not only in how church and state should be related, but in the relation between divine authority and political authority, and in what religion has to say about the limits of state authority and the grounds of political obedience. In this book, Nicholas Wolterstorff addresses this whole complex of issues. He takes account of traditional answers to these questions, but on every point (...) stakes out new positions. Wolterstorff offers a fresh theological defense of liberal democracy, argues that the traditional doctrine of 'two rules' should be rejected and offers a fresh exegesis of Romans 13, the canonical biblical passage for the tradition of Christian political theology. This book provides useful discussion for scholars and students of political theology, law and religion, philosophy of religion and social ethics. (shrink)

Both law and science went through revolutionary changes in England in the first half of the seventeenth century, a period of pandemic, conflict, and climate change. The circle of Samuel Hartlib (c. 1600–62) sought a way to regenerate society through reform and innovation. One member of the circle was Sir Cheney Culpeper (1601–66), a barrister and landowner, whose correspondence shows an attempt to synthesize law and natural philosophy into a coherent vision of regeneration. He wrestled as much with how change (...) could be achieved as with what changes would be beneficial. He sought a mutually beneficial relationship between humanity and nature. He urged self-restraint to avoid the abuse of power, political and technological. His most practical and influential work was in agriculture. Paradoxically, however, the efforts of Culpeper and his circle to address the crises of their times have arguably created the very crises of ours. We are, moreover, in what Culpeper describes as a ‘crisis of time’. This essay poses the question as to whether, given the urgency of our situation, we might learn from Culpeper’s generation that regeneration requires revolution as well as reform. (shrink)

_The Laws_, Plato's longest dialogue, has for centuries been recognized as the most comprehensive exposition of the _practical_ consequences of his philosophy, a necessary corrective to the more visionary and utopian _Republic_. In this animated encounter between a foreign philosopher and a powerful statesman, not only do we see reflected, in Plato's own thought, eternal questions of the relation between political theory and practice, but we also witness the working out of a detailed plan for a new political order that (...) embodies the results of Plato's mature reflection on the family, the status of women, property rights, criminal law, and the role of religion and the fine arts in a healthy republic. "Because it succeeds in being both literal and comprehensive, it is by far superior to any translation available. By reproducing dramatic detail often omitted, such as oaths, hesitations, repetitions, and forms of address, Pangle allows the reader to follow the dialogue's interplay between argument and dramatic context.... Pangle's translation captures the excitement and the drama of Plato's text."—Mary P. Nichols, _Ancient Philosophy_ "Pangle's achievement is remarkable.... The accompanying interpretive essay is an excellent distillation of a dialogue three times its size. The commentary is thoughtful, even profound; and it amply demonstrates the importance of reading Plato carefully and from a translation that is true to his language."—Patrick Coby, _American Political Science Review_. (shrink)

In an age of widespread cutbacks on social spending, the prospects of social policy generally appear to be grim. If noticeable progress has been recently made in the European Union, then it is in regard to rooting out discrimination. Indeed, anti-discrimination law and policy appears to be the one sphere of social policy whose success is causally connected to the European Union. But how successful can anti-discrimination law be? This book uses legal analysis in order to expose the intrinsic shortcomings (...) of common approaches. Anti-discrimination law fails to provide adequate legal guidance and therefore invites constant supplementation by pedagogical projects of social engineering. This book offers a genuinely leftist critique on anti-discrimination law, and concludes with a discussion of alternative models of solidarity in the Union. (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among the (...) necessary conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)

An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in (...) inquiries beyond the law--including politics, science, religion, philosophy, and interpersonal communication--have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection's first half contains historical sources and begins with excerpts from Aristotle's Topics and goes on to include the locus classicus chapter from Bishop Whately's crucial Elements of Rhetoric as well as later reactions to Whately's views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists. (shrink)

How do social institutions exist? How do they direct our conduct? The Opposite Mirrors defends the thesis that the existence of institutions is a conventional matter. Ultimately they exist because we believe in their existence, and because they play a role in our practical reasoning. Human action necessarily has an unpredictable aspect; human institutions perform an important task by reducing uncertainty in our interactions. The author applies this thesis to the most important institutions: the law and the monetary system. In (...) his analysis he connects many traditional topics of the philosophy of law, social philosophy and the philosophy of social sciences in a new way. He discusses the nature of rules, authority, and power and analyzes the Hobbesian presuppositions which have been dominant in legal theory and in the economic analyses of the state. The book is written for legal theorists as well as for political and social philosophers, and theoretically oriented social scientists. (shrink)

Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake -- Mistake of (...) law and culpability -- On the supposed priority of justification to excuse -- Partial defenses -- The "but everybody does that!" defense -- The de minimis "defense" to criminal liability -- Why punish the deserving -- Malum prohibitum and retributivism -- Already punished enough. (shrink)

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

This is the standard editon of John Locke's classic early work Essays on the Law of Nature. Also included are selected shorter philosophical writings from the 1660s, unpublished elsewhere, whose topics include happiness, pleasure and pain, faith and reason. The great Locke scholar W. von Leyden introduces each of these works, setting them in their historical context. This volume is an invaluable source for Locke's early thought, of interest to philosophers, political theorists, jurists, theologians, and historians.

Kant insists that our actions ought to conform to objective moral rules, and that these rules apply to us regardless of whether we feel inclined to conform to them. Can he establish the truth of these claims? ;His writings on moral philosophy contain not a single answer to this question but two distinct and incompatible ones. In the Groundwork of the Metaphysics of Morals, Kant argues that the basic norm that underlies our moral judgments, the Moral Law, is valid for (...) us because it is rooted in the freedom of our rational nature. But, in the Critique of Practical Reason, he argues that the Law is a fact that requires no justification and that this fact allows us to reason from morality to freedom. Is one of these arguments more convincing than the other? ;It would seem not. For each argument, I try to show, begs the question against an empirically-minded view of morality. More specifically, in the Groundwork Kant uncritically assumes that the freedom of rational agency enjoys a kind of independence from the motivational influence of sensible desires; while, in the second Critique, he similarly assumes that this motivation plays no role in an account of the validity of moral judgments. ;But I also try to show that Kant would have offered a more satisfying solution to the problems of moral theory had he modelled his views about agency more closely upon other views he holds about the self in its theoretical employment. The idea is this: Kant holds that theoretical knowledge requires a unified knowing subject, that a subject as varied as are its individual sense-experiences can never know the way the world is. I suggest that he could have defended an analogous claim about the connection between moral knowledge and the unity of agency; that is, were an agent as varied as are its individual desires, it could never know the way the world ought to be. I do not contend that this alternative solution is completely convincing, but I do hold that it offers an attractive response to central difficulties in the Groundwork and second Critique. (shrink)

The following paper advances a new argument for the thesis that scientific and historical knowledge are not different in type. This argument makes use of a formal ontology of history which dispenses with generality, laws and causality. It views the past social world as composed of Wittgenstein’s Tractarian objects: of events, ordered in ontological dependencies. Theories in history advance models of past reality which connect—in experiment—faces of past events in complexes. The events themselves are multi-grained so that we can connect (...) together different faces of theirs without counterfeiting history. This means that, on the basis of the same set of facts, historians can produce different models of past events, in which different dependences are brought forth. A conception of this kind substantiates an objectivist account of the recurrent falsifications of the theories in history. (shrink)

This is the standard editon of John Locke's classic early work Essays on the Law of Nature. Also included are selected shorter philosophical writings from the 1660s, unpublished elsewhere, whose topics include happiness, pleasure and pain, faith and reason. The great Locke scholar W. von Leyden introduces each of these works, setting them in their historical context. This volume is an invaluable source for Locke's early thought, of interest to philosophers, political theorists, jurists, theologians, and historians.

This book examines the concepts of international law and international relations as they are developed in the social and political philosophy of G.W.F. Hegel. Hegel has a vision of a single modern social world, in which peoples and nation-states can co-exist under conditions of peace, justice, mutual respect, and prosperity.

Searle claims that his theory of institutional reality is particularly suitable as a theoretical scheme of individuation for work in the social sciences. We argue that this is not the case. The first problem with regulatory individuation is due to the familiar fact that institutional judgments have constrained revisability criteria. The second problem with regulatory individuation is due to the fact that institutions amend their declarative judgments based on the inferential (syntactic) properties of the judgments and in response to regulatory (...) pressure, and not based on descriptive (semantic) properties and in response to matters of descriptive adequacy. These two problems imply that ‘regulatory kinds' (countries, borders, kings) will almost inevitably be disjunctive kinds that are ill-suited for scientific theorizing. This also explains why the law often makes odd pronouncements, e.g. calling ketchup a vegetable, considering an arm bent fifteen degrees to be straight, and not admitting that Somaliland is a country. (shrink)