This article aims at linking empirical research to legal theories, in a way that could enhance the benefits of this synergy. Jurisprudence, until recently the usual term for theoretical approaches to law, is now often replaced by the term legal theory. Difference between legal theory and empirical research is reflected in their consideration of subject matters, aims, and methods of research. However, there also exist commonalities between the two, i.e. both aim at comprehending law and legal systems. While legal theory (...) uses philosophical tools, its subject matter still remains a social phenomenon, for social ends. And since empirical research is a means to gather information about law, it could act as a prime source of information for legal theory. While empirical research has its own end to follow, what is missing is, attention to some legal theory, not just general legal theory, but which can also critique philosophical discourses to legality. (shrink)

The aim of this essay is to examine the place of the people in the constitutions of democratic nations. While the meaning of democracy and the degree to which it is achieved vary within the family of nations considered democratic, the idea common to all is that the people are self-governing. In its origins, the idea is tied to liberty: not to be self-governing is to be subject to the will of another and so not to be free. What constitutes (...) self-government is open to interpretation, although this is not the place to examine the possible meanings. Nor is this the place to set out the history of the idea or to show how it became central to modern constitutions, except to note the number of nations qualifying as democratic has steadily increased in recent years to just under a half of the total. It seems reasonable to assume that a democratic nation, a self-governing people, would want to make sure that the constitution, the basic of government and of relations between the people and government, provide for and protect self-government and hence democracy. (shrink)

Due Process is one of the most interesting and conceptually challenging areas of the common law, and in recent years there has been a major revival of interest in the sheer range and applicability of the term. In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative and theoretical framework. In landmark decisions such as Ridge v. (...) Baldwin the courts in Britain and other parts of the Commonwealth have begun to recognize the importance of procedural fairness across a broad spectrum of official powers and decisions. Principles have begun to emerge, and yet the courts have not yet developed an approach which is entirely adequate to the task. In this timely book, the author traces the development of these principles within a framework which includes analysis and critique of legal developments in the major common law jurisdictions, and which relates these developments to similar ideas under both the European Convention on Human Rights and the American Constitution. Original, scholarly and thought-provoking, this major new study will be required reading for lawyers with interests in public law, civil and criminal procedure, civil liberties, legal theory and comparative law. (shrink)

Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour.The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. (...) Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society.Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change. (shrink)

Shame is a puzzling emotion. On the one hand, to feel ashamed is to feel badly about oneself; but on the other hand, it also seems to be a response to the way the subject is perceived by other people. So whose standards is the subject worried about falling short of, his own or those of an audience? I begin by arguing that it is the audience's standards that matter, and then present a theory of shame according to which shame (...) is a response to the subject's perception that he is not thought of in the way he intrinsically values himself for being thought of by someone else. Then I go on to suggest some refinements to this basic view. First, the subject of shame is primarily concerned about his audience's attitudes toward him, not what they believe about him. And second, there may be one particular attitude which he values himself for inspiring. There is no very perspicuous term for this attitude, so I call it ‘proto-respect’ – the attitude a social animal directs toward those it regards as valuable allies or bad enemies. (shrink)

Information can be public among a group. Whether or not information is public matters, for example, for accounts of interdependent rational choice, of communication, and of joint intention. A standard analysis of public information identifies it with (some variant of) common belief. The latter notion is stipulatively defined as an infinite conjunction: for p to be commonly believed is for it to believed by all members of a group, for all members to believe that all members believe it, and so (...) forth. This analysis is often presupposed without much argument in philosophy. Theoretical entrenchment or intuitions about cases might give some traction on the question, but give little insight about why the identification holds, if it does. The strategy of this paper is to characterize a practical-normative role for information being public, and show that the only things that play that role are (variants of) common belief as stipulatively characterized. In more detail: a functional role for “taking a proposition for granted” in non-isolated decision making is characterized. I then present some minimal conditions under which such an attitude is correctly held. The key assumption links this attitude to beliefs about what is public. From minimal a priori principles, we can argue that a proposition being public among a group entails common commitment to believe among that group. Later sections explore partial converses to this result, the factivity of publicity and publicity from the perspective of outsiders to the group, and objections to the aprioricity of the result deriving from a posteriori existential presuppositions. (shrink)

In his later writings, William Twining has been developing the notion of general jurisprudence, the aim of which is to integrate all theoretical approaches to law in a coherent whole. Central to the undertaking is the relationship between analytical jurisprudence and empirical evidence. Twining is critical of analytical jurisprudence for not adequately taking account of empirical evidence. While he has established a suitable framework within which to develop general jurisprudence, the argument in this essay is that the social understanding of (...) law, which is an essential part of general jurisprudence, cannot be achieved by starting with analytical jurisprudence, but needs to be approached through the methodology of interpretive social theory along the lines advanced by Max Weber. This approach has two main advantages: it enables the social understanding of law to be fully integrated into general jurisprudence, and it shows how analytical jurisprudence, rather than being in opposition to social understanding, can contribute to it. (shrink)

Galligan (Professor Emeritus, English, Western Michigan U.-Kalamazoo) argues that contemporary American critics should embrace literary truths with all of their uncertainties rather than cling to make- believe certainties of ideologies. He celebrates values commonly associated with modern, not postmodern, criticism, applying them to contemporary works in a series of fresh and unusual inquiries. He finds implications for criticism in work from the physical sciences and in the works of largely ignored novelists. Annotation copyrighted by Book News, Inc., Portland, OR.

A significant development in law schools in recent years is the reflowering, or in many cases the first flowering, of interest in legal theory. This may take the form of a greater concern with the jurisprudential and philosophical basis of law; alternatively, it may be represented in attempts to bring to bear on legal issues the knowledge and insights developed in other disciplines. Both directions branch into a multitude of sub-disciplines, any one of which offers rich pickings to the legal (...) academic. The object of these essays, all of which were written specially for the volume by members of the Law Faculty of the University of Melbourne, is to take a number of legal issues which are of particular contemporary interest and to analyse them in a theoretical way or by using knowledge and techniques derived from other disciplines. The authors cover such topics as the patentability of living organisms; the legal and ethical problems that arise from medical research and experiment; the economic basis of property rights; the application to the decisions of officials of values deriving from fairness and rationality; the arguments for and against regulating the professions; the theoretical basis of the law of evidence and how this relates to practical issues; whether legal systems are in fact 'systems'; the relationship between Marxism and positivism; the capacities of the courts in dealing with non-justiciable issues; and the relationship between private and public law concepts. (shrink)

Research on women's political representation in postsocialist Europe has highlighted the role of cultural and political factors in obstructing women's access to legislative power, such as the prevalence of traditional gender stereotypes, electoral systems, and the absence of a feminist movement. Yet, the role of women political elites in enhancing or hindering women's access to political power in the region has so far remained uncharted. This article seeks to fill some of the existing gaps in this literature by examining the (...) views of women politicians with regard to women's political underrepresentation and their assessments of strategies for redressing this imbalance. Findings from the analysis reveal that although women politicians recognize gender inequalities in representation as a problem requiring intervention, how the problem is perceived, and the preferred measures to deal with it, is largely shaped by the social and cultural context in which these actors are embedded. (shrink)

Telling a patient that the outcome of his illness is not good, or even hopeless, requires sensitivity and the ability to communicate with him in the setting of a hospital which is an unnatural environment divorced from family and friends. It is a task which must be taught and learned by doctors and nurses.

The achievements of the textile industry in Roman Britain are often underestimated as a result of the meagreness of our available evidence. The Edict on maximum prices issued by Diocletian in A.D. 301 shows that British capes commanded high prices on the markets of the Empire, and that in the late third century A.D. British rugs were the best in the world. In view of the competition from the traditional centres of rug manufacture in the East, this is an astonishing (...) achievement. (shrink)

The received translation and interpretation of many of the technical terms current in the textile industry of the Roman Empire are inaccurate, because lexicographers have either fought shy of being precise, or have thought that they recognized in the ancient world technical processes which originated at a much later date. The evidence is often equivocal or insufficient, but may still yield details that have been overlooked. The textile expression scutulatus, to take an example, deserves more attention than Blümner has devoted (...) to it. When it refers to the appearance of a garment, Lewis and Short, s.v. scutulatus, translate ‘diamond or lozenge-shaped, checkered’. It seems worth while to attempt a more precise translation, and, if possible, to estimate the significance in context of the goods so designated. (shrink)

If the world itself is metaphysically indeterminate in a specified respect, what follows? In this paper, we develop a theory of metaphysical indeterminacy answering this question.

Living out of silence, out of a fully functioning, lovingly attentive mind, and not just out of thought, out of a partially functioning mind, is requisite for depth or profundity in living or relating. A fully attentive, truly silent or meditative mind sees that there is real dualism of time and the timeless and that time and the timeless each has its own unique value. The timeless, or real silence, that which alone can make for depth in one's living and (...) relating, can be there only when, in one's awareness, time and all that is related to time, have come to an end. An examination of a wide variety of statements made by writers, both past and present, shows that these understandings are seldom there in contemporary writings, just as they were not there in writings that have come down to us from the past. 'Living beyond the One and the Many' invites readers to consider the possibility that what is presented in it can bring deep meaning to one's way of living in the world"--Publisher's description, back cover. (shrink)

Husserlian phenomenology, as the study of conscious experience, has often been accused of solipsism. Husserl’s method, it is argued, does not have the resources to provide an account of consciousness of other minds. This chapter will address this issue by providing a brief overview of the multiple angles from which Husserl approached the theme of intersubjectivity, with specific focus on the details of his account of the concrete interpersonal encounter – “empathy.” Husserl understood empathy as a direct, quasi-perceptual form of (...) intentionality through which the sense of the Other is constituted. Furthermore, his account of empathy is holistically integrated with his overall theory of intersubjectivity, including his discussions of the objectivity of nature, and the social, historical, and communal aspects of subjectivity. Husserl’s theory of empathy continues to cast a long shadow, influencing both the analytic and continental approaches to the problem of other minds, as well as contemporary account of social cognition in the cognitive sciences. (shrink)

An Essay on Human Action seeks to provide a comprehensive, detailed, enlightening, and (in its detail) original account of human action. This account presupposes a theory of events as abstract, proposition-like entities, a theory which is given in the first chapter of the book. The core-issues of action-theory are then treated: what acting in general is (a version of the traditional volitional theory is proposed and defended); how actions are to be individuated; how long actions last; what acting intentionally is; (...) what doing one thing by doing another is; what basic action is; and what omitting to do something is. Attention is also given to the concepts of causation, intention, volition, deciding, choosing, and trying. Finally, a libertarian account of free action is tentatively proposed and defended. (shrink)

The existential analysis -- The death of dasein -- The timeliness of dasein -- The derivation of time -- The time of being.

We develop and apply a multi-dimensional conception of explanatory depth towards a comparative analysis of inflationary and bouncing paradigms in primordial cosmology. Our analysis builds on earlier work due to Azhar and Loeb (2021) that establishes initial condition fine-tuning as a dimension of explanatory depth relevant to debates in contemporary cosmology. We propose dynamical fine-tuning and autonomy as two further dimensions of depth in the context of problems with instability and trans-Planckian modes that afflict bouncing and inflationary approaches respectively. In (...) the context of the latter issue, we argue that the recently formulated trans-Planckian censorship conjecture leads to a trade-off for inflationary models between dynamical fine-tuning and autonomy. We conclude with the suggestion that explanatory preference with regard to the different dimensions of depth is best understood in terms of differing attitudes towards heuristics for future model building. (shrink)

Global Media Ethics is the first comprehensive cross-cultural exploration of the conceptual and practical issues facing media ethics in a global world. A team of leading journalism experts investigate the impact of major global trends on responsible journalism. The first full-length, truly global textbook on media ethics; Explores how current global changes in media promote and inhibit responsible journalism; Includes relevant and timely ethical discussions based on major trends in journalism and global media; Questions existing frameworks in media ethics in (...) light of the impact of global media; Contributors are leading experts in global journalism and communication. (shrink)

C. S. Lewis is one of the most beloved Christian apologists of the twentieth century; David Hume and Bertrand Russell are among Christianity’s most important critics. This book puts these three intellectual giants in conversation with one another on various important questions: the existence of God, suffering, morality, reason, joy, miracles, and faith. Alongside irreconcilable differences, surprising areas of agreement emerge. Curious readers will find penetrating insights in the reasoned dialogue of these three great thinkers.

Despite All Critique (2014) -- World Politics and Western Reason (1980) -- The Doubled Outsides of the Modern International (2005) -- The Subject of Security (1995) -- The Protection of Nature and the Nature of Protection (2005) -- Social Movements/World Politics (1994) -- Europe is Not Where It is Supposed to Be (2000) -- They Seek it Here, They Seek it There : Looking for Politics in Clayoquot Sound (2003) -- Violence, Modernity, Silence : From Weber to International Relations (1993) (...) -- Hobbes, Origins, Limits (2011) -- War, Terror, Judgement (2002) -- International, Imperial, Exceptional (2005) -- Which Democracy for Which Demos? (2013) -- The Political Theory of Boundaries and the Boundaries of Political Theory : Interview With Raia Prokhovnik (2012). (shrink)

The book is a comparative analysis of all the major social science/political science grand theories. It focuses on developmentalism, dependency theory, the world systems approach, Marxism, institutionalism, rational choice, psychoanalysis, political sociology, sociobiology, environmentalism, neuro-politics, transitions to democracy, and non-Western systems of analysis. To facilitate comparison and analysis, a common framework and outline are employed throughout. An integrating introduction and conclusion help tie the book together.

We live in turbulent times, our world is changing at accelerating speed. Information is everywhere, but wisdom appears in short supply when trying to address key inter-related challenges of our time such as; runaway climate change, the loss of biodiversity, the depletion of natural resources, the on-going homogenization of culture, and rising inequity. Living in such times has implications for education and learning. This book explores the possibilities of designing and facilitating learning-based change and transitions towards sustainability. In 31 chapters (...) contributors from across the world discuss (re)emerging forms of learning that not only assist in breaking down unsustainable routines, forms of governance, production and consumption, but also can help create ones that are more sustainable. The book has been divided into three parts: re-orienting science and society, re-connecting people and planet and re-imagining education and learning. This is essential reading for educators, educational designers, change agents, researchers, students, policymakers and entrepreneurs alike, who are concerned about the well-being of the planet and convinced of our ability to do better. The content and related issues can be discussed on the blog by editor Arjen Wals: Transformative learning. 'We are living in times of incertitude, complexity, and contestation, but also of connectivity, responsibility, and new opportunities. This book analyses the consequences of these times for learning in formal, non-formal, and informal education. It explores the possibilities offered by the concept of sustainability as a central category of a holistic paradigm which harmonizes human beings with Earth. To change people and to change the world are interdependent processes - this book contributes to both.' Moacir Gadotti, Director of Paulo Freire Institute, São Paulo, Brazil 'I hope you share my excitement about the innovations for sustainability that this book catalogues and analyses. While the ecological news is grim, the human news is not. Even in a time of accelerating change, people are showing their enormous capacities to learn, adapt, restore and protect.' From the Foreword by Juliet Schor, author of ‘True Wealth: how and why millions of Americans are creating a time-rich, ecologically-light, small-scale high-satisfaction economy’ 'This book implies a ‘culture of critical commitment’ in educational thinking and practice - engaged enough to make a real difference to social-ecological resilience and sustainability but reflexively critical enough to learn constantly from experience and to keep options open in working for a sustainability transformation.' From the Afterword by Stephen Sterling, Professor of Sustainability Education, Centre for Sustainable Futures, Plymouth University, United Kingdom. (shrink)

What Is Political Theory? provides students with a comprehensive overview of the current state of the discipline. Ten substantive chapters address the most pressing topics in political theory today, including: - what resources do the classic texts still provide for political theorists? - what areas will political theorists focus on in the future? - can western political theory alone continue to provide a framework for responding to the challenges of modern political life? The authors assess the intellectual challenges to conventional (...) political theory, such as post-structuralism and the scientific study of politics that have revitalized the field in the last 30 years. They also broaden the perspective to take in non-western ideas and to reconceptualize political theory in the light of specifically global challenges. Students and teachers of political theory and political philosophy will find this book invaluable in understanding the factors that have shaped current political theory and which will guide its future development. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Cognitive Error and Contemplative Practices:The Cultivation of Discernment in Mind and HeartWesley J. WildmanBrains are amazing organs in all creatures with central nervous systems and especially in human beings. But they are not perfect. Without forgetting the larger success story of cognitive evolution, I want to explore the way that cognitive biases sometimes produce errors in both religious and secular social settings and how such errors can be diagnosed (...) and corrected when they occur. This will involve noticing that error diagnosis and correction is a process that certain social groups have a vested interest in resisting or neglecting, in some respects, while the very same social groups may furnish resources that support the detection of cognitive errors, in other respects.This presents a moral quandary for both secular and religious groups. Should we educate children to be fully aware of their cognitive vulnerability to advertising, thereby learning how to resist and eventually become immune to one of the fundamental power sources of modern market economies? Should religious groups explain to young people their cognitive tendencies to posit the action of supernatural beings whether or not any such action exists, even though this may disrupt the power of religious groups to forge bracing social togetherness that supports psychologically useful coping skills? While I do not seek to answer such complex moral questions in this paper, I do argue that knowledge of cognitive biases and the resulting tendencies to cognitive error, self-defeating behaviors, and self-deception should be made available to those individuals and groups who are interested in promoting a high degree of critical self-awareness in the analysis of beliefs and behaviors in both secular and religious contexts.The term "error" is a potentially problematic one in that it misleadingly suggests that there might be a uniquely correct way in which cognition should work. I do not wish to suggest such a binary opposition. After all, biases exist in the human cognitive system either because they have been selected in the evolutionary process for their survival benefits or because they are side effects of other traits selected for their usefulness. My concern is with the wondrous human discovery that we can analyze [End Page 61] our behaviors and beliefs with such precision that we can sometimes detect when our cognitive biases produce mistaken beliefs and self-defeating behaviors. This forms the basis for my contention that cognition can often work better than it does—more accurately, less self-destructively—when tendencies to cognitive error are diagnosed, corrected, and perhaps even systematically resisted.The profound irony here is that the very same social groups (secular and religious) with an obvious vested interest in resisting such enlightenment in some respects can also promote processes of discernment and insight in other respects. Existing literature in the cognitive psychology of religion rarely bothers with such subtleties. It is common to assume that simply to notice the operation of cognitive biases in religion—say, in supporting belief in supernatural entities who providentially interact in human affairs, or in establishing and reinforcing people's willingness to defer to certain kinds of religious authority—is at the same time to establish the presence of rampant cognitive error, massive resistance to diagnosing and correcting it, and thus the infliction of pernicious cruelties on young children who have no way of escaping the resulting irrational indoctrination.This moral reflex to condemn religious groups because of their characteristic reluctance to acknowledge the role of cognitive biases in their beliefs and practices is understandable given the irrationality, ignorance, or denial that such reluctance suggests. I frankly acknowledge that I share this moral concern. But the actual complexities of religious practice demonstrate that the situation demands a subtler evaluation. Resistance to awareness of cognitive biases exists both inside and outside religious groups; economic and political practices in all eras and of all types have every bit as much to gain from neglecting to enlighten people about their cognitive operations as religious groups do—just consider the techniques employed in commercial advertising and political campaigns. Moreover, religious groups also promote methods of discernment and self-awareness that have historically been, and continue to be, the dominant method by which... (shrink)