bluuebunny/crossref_metadata_2025 huggingface dataset:
A Life of H.L.A. Hart
Authors: Lacey Nicola
Published: January 2010

This book recounts the life of H. L. A. Hart, the pre-eminent legal philosopher of the 20th century, and sheds light on the genesis of Hart's ideas and the scale of his contribution to legal and political philosophy. Following Hart's life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fame as the most influential English-speaking legal theorist of the post-War era, the book traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, from government intelligence officer to Professor of Jurisprudence, and from awkward bachelor to family figurehead. In the tradition of Ray Monk's biography of Wittgenstein, the book paints an absorbing picture of intellectual and psychological development, of a mind struggling to cope with intellectual self-doubt, uncertain sexuality, a difficult marriage, and an anti-semitic society. This raises fascinating questions about the nature of intellectual creativity. In depicting the evolution of Hart's life and mind, the book provides a vivid recreation of both the intellectual and social climate of Oxford in the post-War era, and develops an intellectual history of trends in 20th century legal, social, philosophical, and political thought.
Introduction: An Outsider on the Inside
Authors: Lacey Nicola
Published: January 2010

This introductory chapter discusses the life and achievements of H. L. A. Hart. From his unremarkable origins as the third child of moderately well-to-do Jewish tailor parents in Yorkshire, Hart became widely regarded as having — almost single-handedly — effected a revolution in the prevailing understanding of law as a social institution. He was credited with having more or less reinvented the philosophy of law, reviving the English positivist and utilitarian tradition, and combining it with the insights of modern linguistic philosophy. He had also had a marked influence on the social policy debates of the 1960s. Hart's writings on abortion, on the legalization of homosexuality and prostitution, and on capital punishment had a huge impact on informed opinion.
An Oxford Scholar
Authors: Lacey Nicola
Published: January 2010

This chapter details H. L. A. Hart's experiences as an Oxford scholar. Herbert Hart arrived at New College to take up his scholarship to read for the Literae Humaniores degree — a mixture of Greek, Latin, ancient history, and philosophy — in October 1926. Herbert was in many ways well-equipped for his entry into the social and educational hierarchy of Oxford. Though reserved in manner, he was vigorous in discussion. His extraordinary erudition and his familiarity with some of the most beautiful architectural sights of Europe gave him a conversational range and, at least on the surface, a social confidence unusual in someone of his age and background. Both the aesthetic and the intellectual environments which awaited him at New College were to shape his life in vivid and decisive ways.
Trade and Transport
Authors: Adams Colin
Published: January 2010

This chapter focuses on the role of transport in trade. Beginning with the Eastern Desert, using the evidence of archives, it considers the nature and status of transporters, and the nature of their involvement in the supply of Berenike and Myos Hormos, the ports of the Red Sea. It considers the role of transport in the trade of luxuries with India and the East, and argues for a dynamic and complex economy. In the Western Desert, communication with the Nile Valley along established routes was of considerable importance, both for supply and for trade. Caravans of camels, some of considerable size, traversed these routes. The evidence of customs receipts is deployed to analyse patterns of trade and consumption in the Fayum. Finally, the supply of food and other commodities to the cities of Egypt is considered.
Conclusion
Authors: Adams Colin
Published: January 2010

This chapter draws on material from the whole book together to assess the role of transport in the economy of Egypt. It draws conclusions about how transport in Egypt was affected by topography, and how this promoted the dominance of pack animals. It shows how the Roman state controlled and used a central resource of the province, essentially the meeting of the public and private spheres. It argues for a far more positive attitude towards stance on the role of transport in the Roman economy and that economic enterprise was not hindered by transport costs.
Regicide, Pamphlets, and Political Language: The Case of Elizabeth Poole
Authors: Wiseman Susan
Published: January 2010

This chapter asks what happened to the political and spiritual languages of women in the sects at the regicide, through an exploration of the published texts of Elizabeth Poole. The chapter continues the discussion of the political implications of printed texts emerging from the sectarian struggles of the 1640s, tracing the political languages and positions of sectaries responding to the regicide. In examining Elizabeth Poole's place in the controversies, this chapter addresses the complexity of women's relationship to the figural languages and print debate which emerged in response to that event. In this story of Poole, prominence is given to the radical publishers Giles and Elizabeth Calvert, the Baptist minister John Pendarves and his wife Thomasine, her minister William Kiffin and his old associate, John Lilburne. The chapter asks the twin questions of who bound Poole to politics, and what were the implications of her spoken, written, and published interventions.
Poetry and Politics: Anne Bradstreet and Lucy Hutchinson
Authors: Wiseman Susan
Published: January 2010

This chapter examines women's place in the mid-seventeenth century understanding of politics, what might be called the political imaginary, from distinct, even opposite, vantage points. It pursues the question of the way women's poetry imagines politics. Discussing the poetry of Anne Bradstreet and Lucy Hutchinson, this chapter investigates the political and poetic projects of these far from royalist poets during the upheavals of the 1650s and 1660s. Bradstreet's The Tenth Muse gives a disciplined typological poetic history, starting with elements and humours, and building up to an analysis of national histories that uses fifth monarchist ideas. Fifth monarchist ideas were long-lived, widespread, and part of controversies over church discipline and the future of the republic. Hutchinson is relatively unusual because of her deep and rigorous engagement with the materials of elite masculine culture. Most of her extensive writings remained in manuscript throughout her life.
Legitimizing Conspiracy: Anne Halkett, Rachel Russell, Aphra Behn
Authors: Wiseman Susan
Published: January 2010

This chapter investigates the discursive importance of gender in the politicised writing of the 1670s and 1680s and traces relationships among the apparently highly distinct politicised prose genres of memoirs, letters, and scandalous history. It analyses the claims to virtue made in the memoir of Lady Anne Halkett and the letters of Rachel Russell, and ends with a discussion of Aphra Behn's Love-Letters Between a Nobleman and his Sister as a response to the politicised rhetoric of authenticity. Halkett wrote two kinds of texts in which she is obliquely and fairly directly critical of some aspects of the very monarchy on which her significance as a political actor depended. It is not simply that letters and memoirs by women as well as men participate in the battle to possess political ‘truth,’ but that an acknowledgement of this allows us to begin to qualify and reinterpret the political and porno-political genres and vocabularies of the Restoration.
Naturalizing Jurisprudence
Authors: Leiter Brian
Published: January 2010

The author is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revised versions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to the methodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. He has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds to challenges to his interpretive and philosophical claims by academic lawyers and philosophers.
Is There an “American” Jurisprudence?
Authors: LEITER BRIAN
Published: January 2010

This chapter shifts the focus from the philosophical response to Realism to that within academic law. It uses Neil Duxbury's interesting, if sometimes quite misleading, book Patterns of American Jurisprudence to explore the nature of what is often called legal formalism (which the Realists rejected), the Critical Legal Studies misunderstanding of Realism, the relationship between economic analysis of law and Realism, and the nature of jurisprudential inquiry itself.
1 General Remarks – The Creation and Jurisdiction of the ad hoc Tribunals
Authors: Mettraux Guénaél
Published: January 2010

On February 22, 1993, the United Nations (UN) Security Council set up an international criminal tribunal pursuant to Chapter VII of the UN Charter. This tribunal was given the authority to prosecute and judge serious violations of international humanitarian law committed on the territory of the former Yugoslavia since 1991, including war crimes, genocide, and crimes against humanity. On November 8, 1994, the Security Council created another international tribunal for the purpose of prosecuting persons responsible for genocide and other serious violations of humanitarian law in Rwanda in 1994. Ratione personae, the jurisdiction of both ad hoc tribunals, is limited to natural persons and excludes any official privileges or state immunities that such persons might otherwise have enjoyed before domestic courts.
9 War Crimes in Internal Armed Conflicts
Authors: Mettraux Guénaél
Published: January 2010

This chapter examines the question of whether a war crime can be committed in the context of an internal armed conflict. Although an affirmative answer to this question may appear to be self-evident today, from the point of view of customary international law, the response was not such a straightforward one when the question was first raised before the ad hoc tribunal for the former Yugoslavia. The statute of the Yugoslav tribunal did not explicitly provide for, nor did it exclude, the criminalisation of serious violations of the laws or customs of war if they were committed within the context of an internal armed conflict. This chapter discusses serious violations of common Article 3 of the Geneva Conventions as well as serious violations of Additional Protocol II and the statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia.
17 General Remarks on Participation
Authors: Mettraux Guénaél
Published: January 2010

The distribution of criminal responsibility takes different forms in different domestic legal systems and the scope and modes of criminal liability will be drawn more or less broadly in each one of those legal environments. Under the statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia, one single statutory provision (Article 7 in the case of the latter and Article 6 of the former) regulates those forms of participation for which individual criminal responsibility may be engaged under the statute. This article, which is identical in both statutes, must be read into each and every one of the subject-matter articles of the statute so that any of the crimes listed in the statute may, in principle, be committed in any of the forms provided for in Article 7 or Article 6. Paragraph 1 contains a number of what may be called ‘traditional’ forms of criminal participation known under different nomenclature to most domestic systems: planning, instigating, ordering, committing, or otherwise aiding and abetting.
20 Article 7(1) of the ICTY Statute and Article 6(1) of the ICTR Statute: ‘Direct’ Participation
Authors: Mettraux Guénaél
Published: January 2010

This chapter discusses ‘direct participation’ in international crimes pursuant to Articles 7(1) and 6(1) of the statutes of the ad hoc tribunals for the former Yugoslavia and of Rwanda, respectively. Planning envisions one or more persons formulating a method of design or action, procedure, or arrangement for the accomplishment of a particular crime. Someone who instigates another to commit a crime listed in the statute may be held responsible for his acts, if his actions are shown to have been causal to the actual commission of the crime. Ordering entails a person in a position of authority using that position to convince another to commit an offence. The chapter also explains aiding and abetting a crime, three particular forms of joint criminal enterprise which the appeals chamber has identified as being part of customary international law, and attempt to commit genocide.
21 Article 7(3) of the ICTY Statute and Article 6(3) of the ICTR Statute: Command or Superior Responsibility
Authors: Mettraux Guénaél
Published: January 2010

Command responsibility, pursuant to Articles 7(3) and 6(3) of the statutes of the ad hoc tribunals for the former Yugoslavia and for Rwanda, respectively, is responsibility for the commander’s own acts or omissions in failing to prevent or punish the crimes of his subordinates whom he knew or had reason to know were about to commit serious crimes or had already done so. Customary international law provides that a superior or commander may be held criminally responsible for the acts of others if the following three conditions are met: the existence of a superior-subordinate relationship between the commander or superior and the alleged principal offenders; the superior knew or had reason to know that the subordinate was about to commit such acts or had done so; and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.
27 Applicable Law and Purposes of Sentencing
Authors: Mettraux Guénaél
Published: January 2010

It would be hard to identify crimes more difficult to sentence than those provided for in the statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia. The political significance of phrases such as genocide or crimes against humanity, the greatness of the harm which the judges of both tribunals are generally expected to punish, the immense suffering of the many victims involved, and the public expectation that sentences will match the abhorrence of the crimes, all combine to place a heavy burden on the shoulders of judges who are to decide upon a sentence appropriate to the crimes of the accused they must sentence. The difficulty of their task is made no easier by the fact that neither the statutes of the tribunals, nor applicable precedents, offer much guidance in respect of sentencing international crimes. As far as penalties go, the statutes of the tribunals are limited to a certain degree.
31 Concluding Remarks
Authors: Mettraux Guénaél
Published: January 2010

The judicial activity of the ad hoc tribunals created for Rwanda and the former Yugoslavia has been more than the occasion for developing international law and punishing the guilty. The two tribunals are not in the business of writing history; they are writing criminal law judgments. However, their jurisprudence is full of those little memoranda which record the crimes of particular individuals, the suffering of their victims, and the context in which such events occurred. As they do so, the tribunals contribute to removing the obstacle to belief that the sheer horror of some of those crimes might raise and they leave for future generations some record of those events free of the burden of collective guilt. At the very least, the prosecution and punishment of crimes committed in the former Yugoslavia and in Rwanda made us realise that law and justice play a far more essential part in the life of the people than had been previously thought.
Imaginary Authority in Rousseau’s Emile
Authors: Bell Michael
Published: January 2010

This chapter provides an exposition of Rousseau's Emile in relation to the question of pedagogy's intrinsic blindness to the limits of its own authority. In its successive drafts, Rousseau's treatise was increasingly novelised and is commonly referred to as a novel. That Rousseau should have turned to novelistic methods reflects the important affinity between the educational process and the novel form and he gives many principled suggestions which were to be taken up in the later tradition of the Bildungsroman, including his central principle of delay, his utopianism, and his historical contextualising. But Emile is not itself a novel, and indeed remains blind to what might be at stake in the slippage of categories between educational treatise and fiction. This slippage denotes Rousseau's significant blindness to the question of authority: he cannot recognise how imaginary is his own exercise of authority in the text.
The Politics of Fantasy: Bacchylides on Alexander of Macedon (fr. 20B)
Authors: FEARN DAVID
Published: January 2010

This chapter explores how Bacchylides' engagement with his subject opens up rival receptions of Alexander, in a poem that precariously balances praise of the future monarch against drunken visions of power and wealth; this risks sounding rather more than paraenetic, even potentially critical of the nature of monarchy. It shows how Bacchylides uses an overarching sympotic framework to explore problems pertaining to boundaries, definitions, illusion, and praise itself in relation to Alexander, at a time when political and cultural allegiance, and Greekness itself, is up for grabs, but is becoming a very serious issue in view of Persian threats from the East. The complexity of the poem's sympotic rhetoric cannot be divorced from these much broader themes.
Witnessing quantum entanglement
Authors: Vedral Vlatko
Published: January 2010

Quantum entanglement is a key resource in quantum information. Teleportation, dense coding, and many other quantum protocols rely on the existence of entanglement, and would not be possible with just classical correlations. Furthermore, using entanglement between qubits that support computation, quantum computers can solve problems faster than classical computers. Bell's inequalities can sometimes help in discriminating between entangled and separable states. However, these inequalities are not always reliable — this is true in the sense that they may fail to detect genuinely entangled states. This question is addressed in the present chapter by focusing on an entanglement witness, a Hermitian operator winch helps us to decide whether a state is entangled or not. The basic idea is that the expectation value of the witness will be different for separable and entangled states. This chapter discusses entanglement witnesses, the Jamiolkowski isomorphism, and the Peres Horodecki criterion. More examples of entanglement witnesses are given.
Quantum entanglement in practice
Authors: Vedral Vlatko
Published: January 2010

This chapter explains how entanglement witnesses can be measured in practice. The main idea behind the Mach–Zehnder interferometer experiment described earlier is to test for and even measure quantum entanglement. The key idea is discussed along with its exact application. Partial transposition is not a physical operation because it is a positive map rather than a CP-map. Therefore, it cannot be implemented directly within the quantum formalism. However, an entanglement witness is the average of some Hermitian operator, and this average is a physically measurable quantity. Thus, it is possible to measure the effects of the partial transposition in some indirect way. This chapter discusses the implementation of the Peres Horodecki criterion using an interferometer. The important message is that a simple apparatus that measures quantum superpositions, such as a Mach–Zehnder interferometer, can also be used for much more complicated measurements.
Introduction
Authors: Parker Robert
Published: January 2010

This book is a kind of long commentary on the religious themes in Aristophanes and Theophrastus and the rest in ancient Athens. It is about the pervasiveness and the taken-for-grantedness of religion in Attic life. Although the book features the religious life of just one Greek city, it aspires to extend the scope of curiosity about Greek religion, not to restrict it. In anthropology, it is the precise, detailed and varied information about a particular community to be found in monographs that allows imaginative engagement with human behaviour in society. Rich and varied (and even in some measure precise and detailed) information is available about the religious life of Athens as of no other Greek city; indeed there may be no other polytheistic city in the ancient world the religious life of which is illuminated from so many different angles. This book looks at Athens' religious activities including festivals, cults, worship of gods, magic, and rituals.
4 International Religion
Authors: Parker Robert
Published: January 2010

Not even at the level of practice, still less of the imagination, was religion in ancient Athens restricted within the confines of Attica. This international dimension of Athenian religion has four overlapping aspects. The first is the participation of Athens at the festivals held at the four great Panhellenic sanctuaries. The second international aspect was Athens' membership of Amphictyonies, which are a survival of a religious and political organisation that predates the city in the form in which it is known. At the Panhellenic games and at amphictyonic festivals, the Athenians participated along with other states. But there were also certain religious activities that they undertook at Delphi either alone or in association only with the Delphians. This is the third international dimension of Athenian religion. The final international dimension involves individuals who made offerings, attended festivals, and sought healing at foreign sanctuaries; they were initiated too in Mysteries.
8 Festivals and Their Celebrants
Authors: Parker Robert
Published: January 2010

This chapter examines the question of who performs festivals in ancient Athens, where, and the social behaviour of celebrants. An event is a festival if large numbers of the group celebrating it (citizens, for a festival of the city; demesmen, for a deme, and so on) are involved. It would contrast with the many sacrifices on behalf of the Athenian people conducted by a small group in private. That hypothesis deals easily with festivals widely celebrated in individual households, such as the Kronia, with women's festivals, and also with those that offered such obvious draws as mass sacrifices or competitions. Other festival celebrants might include craftsmen such as bronze-workers, metics, and non-citizens. At one or two festivals, however, the only public element was apparently a procession. Whether they participated directly or not, Athenians seem to have thought of the festival as a part of their collective life.
10 The Festival Year
Authors: Parker Robert
Published: January 2010

In ancient Athens, the year a festival was held was formally tied to the calendar of the months (which were often named from festivals), and festivals could be associated in ways that were not merely formal with individual days within the month. Indeed, the internal structure of the month was a vehicle of religious meaning. For example, the new moon was an occasion when individuals regularly went up to the acropolis and prayed to the gods to grant blessings to the city and to themselves. But what mattered was the positioning of a festival at a particular point within the lunar month, not in a particular month. The close symbolic interweaving of twelve gods, twelve tribes, and twelve months that Plato proposed in Laws is quite unlike the practice of any actual Greek city. The more important connection was doubtless that between festivals and the calendar of seasons.
14 The Anthesteria and other Dionysiac Rites
Authors: Parker Robert
Published: January 2010

One festival day in ancient Athens that seemed to have an emotional appeal (at least for men) like that of modern western Christmas is ‘Beakers’ (Choes), middle day of the festival known as Anthesteria. Sources associate the festival with the Limnaion, the old temple (unidentified) of Dionysus ‘in the Marshes’. The Anthesteria can be envisaged as a diffused festival, in which case local sanctuaries of Dionysus will have stood in for the one ‘in the Marshes’ for those who chose to stay in their demes. However, the central ritual of the marriage of Dionysus will have occurred in Athens only. This was not a festival of public pomp and expenditure, and all three days have names associated, in an appropriately homely way, with different kinds of pot: storage jars (pithoi), beakers for drinking wine (choes), and cooking pots or, as some think, water jars (chytroi).
18 Gods at Work II: The Growth of Plants and Men
Authors: Parker Robert
Published: January 2010

According to Solon, black Earth was the greatest mother of the Olympian gods, the source of agricultural wealth and the nurse of children. These two functions are explored in this chapter. Earth was a figure more of thought and of myth than of cult. However, Thucydides mentions her among the deities whose ancient shrines were situated south of the acropolis. Apart from festivals, there were other important forms of private and public cult that had no necessary association with one god of the Panhellenic pantheon rather than another. A clear case is the vow of first fruits or a tithe, the pledge to pay to a god a part of the income from a particular field during the forthcoming year. Among the gods who were associated with agriculture are Earth, Demeter, Kore, Plouton, Zeus, Poseidon, Sun, Seasons, and in some sense Apollo. Gods believed to help in child-nurturing include Artemis, Hera, and Demeter.
Introduction: The Aim of Constitutional Theory
Authors: BRUDNER ALAN
Published: January 2010

This introductory chapter defines liberal constitutional theory as the search for a public reason capable of justifying state coercion to those who share a confidence in individual worth. It criticizes Rawls's understanding of public reason for excluding comprehensive views regarding the most fundamental things. Such a reason privileges one conception of public reason over others and so fails as a public reason all liberals could accept. The chapter questions the widespread assumption that disagreement regarding fundamentals is reasonable among liberals, arguing that diverse liberal sects can agree on the conception of public reason that best fulfils the liberal confidence. Such a conception includes libertarian, egalitarian, and communitarian constitutional paradigms as constituent elements of a complex whole. It disputes the view that liberalism must be neutral toward conceptions of the good, arguing that the model liberal constitution permits limiting rights for the sake of goods essential to individual dignity.
The Libertarian Conception of the Public
Authors: BRUDNER ALAN
Published: January 2010

This chapter begins by identifying the stages by which a claim of authority to rule others is progressively validated and argues that rule under a conception of public reason is part of authority's internal morality. It then identifies the libertarian conception of public reason as mutual cold respect between morally self-supporting persons. It discusses the historical origin of this conception in the downfall of a medieval constitution ordered to virtue and salvation, and it argues that the constitution of liberty rejected perfectionism overbroadly on the basis of a rejection of Christian perfectionism. The chapter then discusses the method by which it will sift from the constitution of liberty enduringly valuable elements of liberal constitutionalism. Elements reflecting the form of mutual recognition between independent agencies are preserved, while elements reflecting libertarianism's claim of self-sufficiency are rejected.
Constitutional Principles: Civil Rights
Authors: BRUDNER ALAN
Published: January 2010

This chapter discusses the civil rights generated by the constitution of liberty. It identifies the libertarian reason for shielding the fundamental civil freedoms against legal regulation; and it assesses the grounds for the libertarian claim that this reason precludes regulation in all cases short of imminent constitutional crisis. It argues that libertarianism's reason for protecting the freedom of religion and civil speech against legal regulation is sound but that its reason for regarding this protection as virtually absolute is not. The chapter criticizes the libertarian police power as being rooted in a conception of public reason that is blind to constitutional goods capable of overriding property rights; and it illustrates this problem with the case of Lochner v. New York.
Self-Authorship and Substantive Justice
Authors: BRUDNER ALAN
Published: January 2010

This chapter derives the constitutional doctrines flowing from the state's duty under the egalitarian paradigm to cultivate the conditions for everyone's living a self-authored life. In particular, it derives a right against strict criminal responsibility for harmful consequences, a right to express in right-respecting action one's conscientious beliefs, a right to state accommodation of conscientious belief where this is compatible with egalitarian public goals, and a qualified right to physician-assisted suicide. However, it criticizes those products of the egalitarian constitution flowing from the premise that the egalitarian principle is fundamental rather than part of a larger scheme. Specifically, it criticizes the egalitarian tendency toward strong legal paternalism, its repudiation of objective morality, and its inability to conceive of reasonable limits on the obscene and hateful public expression of conscientiously held beliefs.
Consociationalism
Authors: BRUDNER ALAN
Published: January 2010

This chapter inquires into the general design of a legislature best suited to the democratic ideals of authority-validation and self-rule. It criticizes the civic republican model of representation for excluding private interests from the public sphere, and the politics-of-difference model for abandoning the ideals of impartiality and civic virtue. It proposes instead Hegel's reconciliation model in which private interests are openly and equally represented in the legislature insofar as they are organized into corporate bodies that seek their members' welfare, whose internal rule is democratic, and have a private stake in the common good. The chapter argues that the formal representation of corporate interests by the corporations' chosen leaders serves authority-validation and self-rule better than the representation of the individual's disinterested will by political elites. Finally, it connects the reconciliation model with contemporary tendencies toward consociational democracy.
Conclusion
Authors: BRUDNER ALAN
Published: January 2010

The chapter shows why it would be reasonable for a self-consistent adherent of each conception of public reason vying for control of the liberal constitution to adopt an inclusive conception within which each is contained as a constituent element. It argues that Rawls's burdens of judgment pose no obstacle to such a consensus. Further, it shows how the inclusive conception of public reason reconciles a perfectionist political order dedicated to an ideal of personality with a liberal one ordered to individual liberty and self-authorship. It suggests some implications of the inclusive conception for the debate between legal positivists and natural lawyers, while responding to concerns that a constitution ordered to the inclusive conception would mean the end of politics.
Cheating
Authors: GREEN STUART P
Published: January 2010

This chapter offers a ‘normative reconstruction’ of the concept of cheating. It seeks to develop a framework for thinking critically about a paradigmatic concept of cheating; and, if not to reach consensus on every point, then at least to identify those aspects of cheating about which there is likely to be agreement (or disagreement). It shows that there is, in fact, a widely recognized concept of cheating that it is distinguishable — both analytically and expressively — from other forms of moral wrongfulness.
Promise-Breaking
Authors: GREEN STUART P
Published: January 2010

Legal theorists have made significant contributions to our understanding of the concept of promising. But their focus has almost invariably been on the law of contract. In light of the minimal degree of opprobrium that usually attaches to promise-breaking in that context, the idea that such moral wrongfulness might play a role in defining the moral content of crimes seems at first thought improbable. This chapter presents a brief examination of the norm against promise-breaking to explain how it differs from the other norms. It turns out that the moral content of a small but interesting collection of white-collar and regulatory offenses does in fact owe something to the concept of promise-breaking.
Fraud
Authors: GREEN STUART P
Published: January 2010

The concept of fraud is ubiquitous in white-collar criminal law, reflecting a protean and proliferating range of meanings. Not only are the fraud offenses among the most frequently charged, but they are also among the most widely and variously codified. This chapter offers a brief survey of the range of moral concepts that have been associated with fraud. It then focuses on the most central of these concepts — namely, deception — and, in particular, shows how the relatively flexible conception of deceit that helps to define fraud differs from the rigid concept of lying shown in the discussion of perjury in the previous chapter.
False Statements
Authors: GREEN STUART P
Published: January 2010

This chapter turns to an offense that reflects elements of both lying and misleading — the crime of making false statements. Codified most prominently in 18 USC § 1001, as well as in numerous kindred statutes, the offense of false statements typically requires that the defendant make a materially false statement or representation ‘within the jurisdiction of’ some government agency. Unlike perjury, there is no requirement that such statements be made under oath. Like perjury, however, most (but not all) American false statements statutes have been held to require literal falsity. What is perhaps most interesting about the offense of false statements, however, is the way in which it distinguishes (or, more accurately, used to distinguish) between wrongful exculpation and wrongful inculpation.
Regulatory Offenses
Authors: GREEN STUART P
Published: January 2010

This chapter focuses on those penal statutes that make it a crime to engage in prohibited conduct, subject to regulation, that would not be viewed as entailing significant moral wrongfulness independent of its prohibition — regulatory offenses characterized as mala prohibita. It considers certain generic forms of regulatory crime, such as engaging in one or another activity without a license, failing to file forms required by the government, or failing to comply with some testing requirement. The question is: when, if ever, is it morally wrong to violate a statute prohibiting some regulated conduct that would not be viewed as morally wrong independent of its prohibition? Even if there is no generally applicable moral obligation to obey the law, there might still be specific cases in which conduct that is otherwise morally neutral becomes wrongful as a result of its prohibition. The chapter examines the possibility that such offenses are informed by the norms against cheating, promise-breaking, and disobedience.
Conclusion
Authors: GREEN STUART P
Published: January 2010

This chapter presents some concluding thoughts from the author. It is because white-collar criminal law is informed by everyday moral concepts such as cheating, deceiving, coercing, and the like that its moral character can seem so ambiguous. But such ambiguity should not dissuade us from its study. The white-collar offenses constitute an increasingly important part of our criminal law. If we are to really understand that law, we have no choice but to continue exploring the complex relationship between it and morality.
Choice, Character and Capacity
Authors: TADROS VICTOR
Published: January 2010

This chapter defends the idea that what is basic to an account of responsibility is the relationship between action and character. It is argued that, to this extent, character theories of criminal responsibility are right in their basic insight, if not in the implications that they have drawn from that insight. Alternatives which claim that responsibility is concerned primarily with choice or with capacity are shown to have more limited significance for a theory of criminal responsibility.
The Nature of Causation
Authors: TADROS VICTOR
Published: January 2010

This chapter is concerned with the best way to understand causation in the criminal law. It is argued that there is a close parallel, with respect to central doctrines of causation, between causation in law and morality on the one hand and causation in science on the other. However, in law and morality we cannot separate the question from causation neatly from the question of whether the defendant had mens rea for his conduct.
The Significance of Intentions
Authors: TADROS VICTOR
Published: January 2010

This chapter argues that the distinction between intention and foresight is significant in the attribution of criminal responsibility. After examining the nature of intentions, it is suggested that intentions make a difference to the gravity of wrongdoing. That conclusion is defended by exploring less serious offence contexts where the significance of intentions is illuminated more brightly.
Excusing the Mentally Disordered
Authors: TADROS VICTOR
Published: January 2010

Building on the theory of excuses in the previous chapter, this chapter argues that different kinds of excuse might be available to mentally disordered defendants who commit a criminal offence. This view is developed in the light of a critique of the M'Naghten rules, which have long provided the basis for mental disorder defences in the criminal law of England and Wales.
7 Conclusions
Authors: Jeffrey Goldsworthy
Published: January 2010

This book has identified substantial differences between the philosophies of the courts of Australia, Canada, Germany, India, South Africa, and the United States with respect to interpretations of their constitutions. The differences can be characterised mainly in terms of the stronger attraction of some courts to legalism. Legalism in constitutional law has been associated with various tendencies, including literalism, formalism, positivism, and originalism. Legalism is used in a purely descriptive sense, not to applaud or to denigrate, but merely to denote interpretive philosophies motivated by two main concerns. One is disapproval of judicial discretion — of decision-making based on judges' values and ideologies rather than objective legal norms. The other is disapproval of judicial law-making — of decision-making that changes law instead of merely applying it. Legalists disapprove of judicial discretion and law-making for various reasons, including equity among litigants, predictability, democracy and the rule of law.
Introduction
Authors: van Dam Cees
Published: January 2010

This book discusses the main features of tort law in Europe by illustrating that similar factual problems arise throughout the tort law systems; from high in the sky the solutions for these problems do not seem to be very different; a closer look down at the surface does not only confirm these similarities but also shows some striking differences in the way the problems are being solved; digging below ground level may reveal the roots for the differences: the various historical and cultural backgrounds and the various policy views as to what can be considered to be fair, just, and reasonable solutions in tort law cases. To learn and understand these basics, the national tort law systems of France, Germany, and England are explored. The book also looks at the requirements for liability: the protected interests, intention and negligence, violation of a statutory rule, strict liability, causation, and damage and damages.
Germany
Authors: van Dam Cees
Published: January 2010

In Germany, tort law is characterised by its systematic approach and its many subtle distinctions. Probably the most characteristic feature of German tort law is judge-made in order to fill lacunae in the Civil Code of 1900. In the early 20th century, the Reichsgericht created safety duties based on negligence, and generally they require a very high level of care. The proper place of these safety duties in the legal system is strongly debated in the legal literature, in which systematic aspects are generally considered to be of great importance even if their practical impact is not always clear. This chapter looks at the German Civil Code provisions on fault liability, judge-made rights such as right to business and general personality right, and rules of stricter liability including liability for things and liability for persons.
Introduction
Authors: van Dam Cees
Published: January 2010

The final part of this book assumes a comparative and a supranational point of view and deals with a number of categories of liability as they relate to tort law in Europe. Most of these categories are related to someone's quality as a supervisor over movable and immovable objects. This chapter sets out the different ways such a supervisor is indicated, both on the basis of strict and fault liability. Liability for lack of information and for defective information is considered, both as regards situations in which someone is obliged to provide information (for example a doctor or a bank), and in which voluntarily provided information (for example in a book or on a website) has to be correct and reliable.
17 Liability in Emergency Cases
Authors: van Dam Cees
Published: January 2010

An extraordinary category concerns the liability in cases of emergency. This chapter examines whether someone can be liable for damage he causes (or rather did not prevent from happening) for failing to rescue a person from a dangerous situation. With respect to the question of whether someone who sees another person in danger of drowning is obliged to come to his rescue, the legal systems, again, provide different answers. A subsequent question is that, if someone undertakes a rescue, what are his duties? Is he required to be successful or is he only obliged not to make the victim's position worse? The chapter looks at national rules on liability in emergency cases in England, France, and Germany, focusing on issues related to duty to rescue such as the rescuer's standard of care or the rescuer's right to compensation.
Liability of Public Authorities
Authors: van Dam Cees
Published: January 2010

This chapter deals with one of the most disputed topics in tort law in Europe: liability of public authorities. The link with public law is the most obvious complicated factor, combined with the role of discretion when assessing public authorities' liability. Also, the case law of the two supranational courts, the European Court of Justice and the European Court of Human Rights, is of increasing influence in shaping the requirements for liability of public authorities. The tendency is towards limiting the discretion of public authorities and this is particularly due to the influence of human rights. The legal systems of France, Germany, and England with respect to liability of public authorities are discussed, along with European Community law, the European Convention on Human Rights law on the right to life and the right to physical integrity and health, inevitability and limits of discretion, and strict liability and the equality principle.
Introduction
Authors: BHAT D.N.S.
Published: January 2010

This introductory chapter establishes a distinction between two kinds of pronouns, called ‘personal pronouns’ and ‘proforms’, and points out why it has not been possible so far to give a satisfactory definition of the category called ‘pronouns’. It also points out the need to differentiate between free-pronoun and bound-pronoun languages. The primary function of personal pronouns is carried out by free pronouns in the former case, and by bound pronouns (clitics or affixes) in the latter.
Conflicting Characteristics
Authors: BHAT D.N.S.
Published: January 2010

This chapter points out certain characteristics that differentiate between first and second person pronouns. These characteristics derive from the prominence of the speaker (as in making statements or giving orders) or of the addressee (as in asking questions). These and certain other characteristics that derive from the association of personal pronouns with their referents appear to conflict with their other characteristics.
The Structure of Proforms
Authors: BHAT D.N.S.
Published: January 2010

Proforms generally have a basic dual structure, made up of a pronominal element and a general term. The former indicates their function in sentences (indicating deictic distinctions, interrogativity, indefiniteness, anaphora), and the latter indicates their scope (through general concepts like person, thing, place, time, manner, property). A typological distinction is proposed between languages in which the pronominal element precedes the general term (PG-languages) and the ones in which it follows the general term (GP-languages). Verb-initial languages are mostly of the latter type.
Characteristics of Proforms
Authors: BHAT D.N.S.
Published: January 2010

This chapter points out the need to differentiate between two kinds of reference and identification that may be called ‘pragmatic’ and ‘semantic’. A similar differentiation needs to be made in the case of definiteness and indefiniteness as well. In most languages, noun phrases involve pragmatic identification, whereas proforms involve semantic identification. The notion of opaque context is relevant for semantic identification only, and not for pragmatic identification. The former is restricted to nominal category, whereas the latter is relevant for all word classes. This differentiation is shown to be crucial for understanding the characteristics of proforms (and also noun phrases).
Fascism on Stage: Jean Anouilh’s Antigone
Authors: Fleming Katie
Published: January 2010

This chapter analyses Jean Anouilh's Antigone and the controversy of the Nazi appropriation of Greek mythology. It uses the particular history of the play to highlight the ethical complexity of reception and its relationship to feminism. Antigone has long been recalled to vocalise the most powerful of personal and social politics. Alongside Antigone's noble and famous history of valiant confrontation runs another, decidedly less salubrious, narrative. Antigone's symbolic value has also been used to justify the most pernicious element of Nazism, the ideology of racial purity and superiority; she has stood for an anti-democratic and autocratic monarchism. Indeed, she has been depicted as the epitome of the fascist heroine, even as few, if any, are concerned with Antigone's lapse into fascism. The history of Anouilh's Antigone throws into stark relief the potentially complicated or dual nature of ‘reception studies’ and their relationship to feminism and classical mythology. Ultimately, its reception history has prevailed.