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The spirit of the laws

New York: D. Appleton and Co.. Edited by Thomas Nugent, J. V. Prichard & Oliver Wendell Holmes (1900)

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  1. Morality and Relations before Hume.Stewart Duncan - manuscript
    In his Enquiry concerning the Principles of Morals David Hume said that a group of earlier modern philosophers, beginning with Malebranche, held that morality was founded on relations. In this paper I follow up on that suggestion by investigating pre-Humean views in moral philosophy according to which morality is founded on relations. I do that by looking at the work of Nicolas Malebranche, John Locke, and Samuel Clarke. Each of them talked prominently about relations in their accounts of basic aspects (...)
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  • Open Problems in DAOs: Political Science and Philosophy.Eliza R. Oak, Woojin Lim, Danielle Allen & Helene Landemore - 2023 - Arxiv.
    Decentralized autonomous organizations (DAOs) are a new, rapidly-growing class of organizations governed by smart contracts. Here we describe how researchers can contribute to the emerging science of DAOs and other digitally-constituted organizations. From granular privacy primitives to mechanism designs to model laws, we identify high-impact problems in the DAO ecosystem where existing gaps might be tackled through a new data set or by applying tools and ideas from existing research fields such as political science, computer science, economics, law, and organizational (...)
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  • The Resource Curse Mirage: The Blessing of Resources and the Curse of Empire?Ricardo Restrepo Echavarria - 2016 - Real World Economics Review 75:92-112.
    Auty (1993) and Sachs and Warner (1997) reignited the line of argument of the resource curse: the idea that natural resource wealth has negative net effects on the development of nations. However, the result has been found to be highly dependent on the types of variables used to represent natural resource wealth (Brunnschweiler, 2007) and similar questions can raised about variables used to represent being “cursed”. In this paper we pursue the hunt for better variables by looking at the relationship (...)
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  • The philosophy of Azerbaijan Enlightenment in the studies of Enver Akhmedov: a critical analysis.Zaur Rashidov - 2022 - Metafizika 5 (4):54-76.
    The article analyzes the views on the philosophy of Azerbaijan Enlightenment, the famous Azerbaijani historian of philosophy of the XX century, Enver Mirzekulievich Akhmedov (1920-1984). E.Akhmedov was one of the first scientists who studied the Azerbaijan philosophy of enlightenment in stages and systematically. He briefly referred to the legacy of almost every author, thoroughly studied by him during the period of Azerbaijan Enlightenment. E.Akhmedov managed to create a general philosophical picture of the era of enlightenment in Azerbaijan, which was formed (...)
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  • Empire and Liberty in Adam Ferguson’s Republicanism.Elena Yi-Jia Zeng - 2022 - History of European Ideas 48 (7):909-929.
    Adam Ferguson’s imperial thought casts new light on the age-old republican dilemma of the tension between empire and liberty. Generations of republican writers had been haunted by this issue as the decline of Rome proved that imperial expansion would eventually ruin the liberty of a state. Many eighteenth-century Scottish thinkers regarded this as an insoluble conundrum and thus became critics of empire. Ferguson shared their basic views but, paradoxically, was still able to defend the British Empire in the debates over (...)
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  • Privacy for the weak, transparency for the powerful: the cypherpunk ethics of Julian Assange.Patrick D. Anderson - 2020 - Ethics and Information Technology 23 (3):295-308.
    WikiLeaks is among the most controversial institutions of the last decade, and this essay contributes to an understanding of WikiLeaks by revealing the philosophical paradigm at the foundation of Julian Assange’s worldview: cypherpunk ethics. The cypherpunk movement emerged in the early-1990s, advocating the widespread use of strong cryptography as the best means for defending individual privacy and resisting authoritarian governments in the digital age. For the cypherpunks, censorship and surveillance were the twin evils of the computer age, but they viewed (...)
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  • Reclaiming Democratic Classical Liberalism.David Ellerman - 2020 - In Reclaiming Democratic Classical Liberalism. pp. 1-39.
    Classical liberalism is skeptical about governmental organizations "doing good" for people. Instead governments should create the conditions so that people individually (Adam Smith) and in associations (Tocqueville) are empowered to do good for themselves. The market implications of classical liberalism are well-known, but the implications for organizations are controversial. We will take James Buchanan as our guide (with assists from Mill and Dewey). Unpacking the implications of classical liberalism for the "science of associations" (Tocqueville) requires a tour through the intellectual (...)
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  • The counter-revolution of criminological science: a study on the abuse of reasoned punishment.Daniel D'Amico - 2017 - Erasmus Journal for Philosophy and Economics 10 (1):1-40.
    Trends in the history of social science dedicated to the study of crime and punishment are presented as a case study supporting F.A. Hayek's theory of social change. Designing effective social institutions and public policies first requires an accurate vision of how society operates. An accurate model of society further requires scientific methods uniquely suited for the study of human beings as purposeful agents and the study of human institutions as complex social phenomena. If guided by faulty methods, theories are (...)
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  • Does Classical Liberalism Imply Democracy?David Ellerman - 2015 - Ethics and Global Politics 8 (1):29310.
    There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...)
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  • Liberty and the Normative Force of the Law in Montesquieu’s The Spirit of the Laws.Cory Wimberly - 2010 - Minerva - An Internet Journal of Philosophy 14:36-65.
    The aim of this essay is explore what demands living in liberty places on citizens in Montesquieu’s The Spirit of the Laws. In contrast to the ideas of liberty from many of the thinkers that were to follow him, Montesquieu’s notion of liberty requires that citizens subject themselves to the regulative relationships required by his normative conception of the law. For Montesquieu, living in liberty is not just a situation in which one avoids what the law forbids and is otherwise (...)
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  • Pugna de poderes, crisis orgánica e independencia judicial.Ricardo Restrepo, Maria Helena Carbonell, Paúl Cisneros, Miguel Ruiz, John Antón, Antonio Salamanca & Natally Soria (eds.) - 2014 - IAEN.
    This work, in English "Struggle for power, organic crisis and judicial independence", has its origin in research academics of the IAEN carried out to provide expert advise to the Inter American Court of Human Rights in the case Quintana and others (Supreme Court of Justice) vs the State of Ecuador. The research is about the nature of the evolution of the ecuadorian state, the dynamics of its institutions, its players, parties, laws, its factors of instability, the way rights have been (...)
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  • Montesquieu and Locke on Democratic Power and the Justification of the “War on Terror”.Cory Wimberly - 2008 - International Studies in Philosophy 40 (2):107-120.
    This paper focuses on a comparative analysis of the legitimate exercise of democratic power in the philosophies of Montesquieu and Locke. This analysis not only highlights a strong bifurcation in liberal thought, it also sheds light on the contemporary practice of liberalism through the example of the United States’ ‘War on Terror.’ I argue that although it is Locke who at first blush gives an account of the exercise of democratic power that is more opposed to tyranny, it is Montesquieu’s (...)
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  • Emerson and the Law of Freedom.H. G. Callaway - 2008 - In R.W. Emerson, Society and Solitude, Twelve Chapters. Edwin Mellen Press.
    This paper is the expository and evaluative introduction to my new edition of Emerson's Society and Solitude, Twelve Chapters.
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  • Republicanism and the politics of place.Richard Dagger - 2001 - Philosophical Explorations 4 (3):157 – 173.
    Republicanism may seem to be a nostalgic politics of place that is incapable of responding to the challenges of globalization.The burden of this essay is to demonstrate that this view is both right and wrong - right in regarding republicanism as a politics of place, butwrong in thinking that such a form of politics is irrelevant to an increasingly interconnected world. On the contrary, the republican concern for place provides the basis for the responsible, public-spirited action that cosmopolitan theorists need (...)
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  • Aristotle’s Difficult Relationship With Modern Economic Theory.Spencer J. Pack - 2008 - Foundations of Science 13 (3-4):265-280.
    This paper reviews Aristotle’s problematic relationship with modern economic theory. It argues that in terms of value and income distribution theory, Aristotle should probably be seen as a precursor to neither classical nor neoclassical economic thought. Indeed, there are strong arguments to be made that Aristotle’s views are completely at odds with all modern economic theory, since, among other things, he was not necessarily concerned with flexible market prices, opposed the use of money to acquire more money, and did not (...)
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  • Participatory Democracy and Criminal Justice.Albert W. Dzur - 2012 - Criminal Law and Philosophy 6 (2):115-129.
    This essay asks if there is a role for an active public in ratcheting down the harsh politics of crime control in the United States and the United Kingdom that has led to increased use of the criminal law and greater severity in punishment. It considers two opposing answers offered by political and legal theorists and then begins to develop a participatory democratic framework for institutional reform.
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  • David Hume on monetary policy: A retrospective approach.Maria Pia Paganelli - 2009 - Journal of Scottish Philosophy 7 (1):65-85.
    Monetary policy is a modern idea of which David Hume is generally considered a precursor. Moreover, thanks to Milton Friedman and Robert Lucas, he is often presented as one of the first and most illustrious endorser of monetarism. This paper argues against this view, and in agreement with Joseph Schumpeter, that Hume's contribution to economics, while not insignificant, cannot claim any real novelties. It offers an interpretation of Hume as a descendant of a pre-modern understanding of money rather than a (...)
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  • Paternalistic Gratitude: The Theory and Politics of Confucian Political Obligation.Shu-Shan Lee - 2021 - Dao: A Journal of Comparative Philosophy 20 (4):635-659.
    While researchers have offered remonstration-oriented, reciprocal, voluntary, and gratitude-based accounts of political obligation in classical Confucianism, I argue that these interpretations are either in conflict with the textual evidence or merely scratch the surface of Confucius’ theory of political obligation without fully elaborating its essence. Instead, I demonstrate that the theory of political obligation in Confucianism is a specific argument from paternalistic gratitude in which the people’s political obligation is analogically compared to children’s grateful duty to their parents. Moreover, I (...)
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  • Conservatism, Epistemology, and Value.Kieron O’Hara - 2016 - The Monist 99 (4):423-440.
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  • Adam Ferguson on the Perils of Popular Factions and Demagogues in a Roman Mirror.Max Skjönsberg - 2019 - History of European Ideas 45 (6):842-865.
    ABSTRACTFor the Scottish Enlightenment thinker Adam Ferguson and many of his time, the history of the Roman Republic furnished the best case study for discussions of internal threats to a mixed system of government. These included factionalism, popular discontent, and the rise of demagogues seeking to concentrate power in their own hands. Ferguson has sometimes been interpreted as a ‘Machiavellian’ who celebrated the legacy of Rome and in particular the value of civic discord. By contrast, this article argues that he (...)
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  • Social Discounting.Susan Tenenbaum - 1989 - Economics and Philosophy 5 (1):33.
    The social discount rate – the rate at which future benefit flows from government investment are discounted to present value – has been a frequent subject of technical debate among professional economists. From a broader perspective, however, the selection of an appropriate rate enjoins consideration of questions that define the very contours of our public philosophy. It carries implicit assumptions about the nature of citizenship, the relation between public and private spheres, and, most singularly, the status of a political society (...)
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  • Contracting for Catastrophe:Legitimizing Emergency Constitutions by Drawing on Social Contract Theory.Stefan Voigt - 2021 - Res Publica 28 (1):149-172.
    States of emergency are declared frequently in all parts of the world. Their declaration routinely implies a suspension of basic constitutional rights. In the last half century, it has become the norm for constitutions to contain an explicit ‘emergency constitution’, i.e., the constitutionally safeguarded rules of operation for a state of emergency. In this paper, I ask whether inclusion of an emergency constitution can be legitimized by drawing on social contract theory. I argue that there are important arguments, both against (...)
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  • The spirit of the laws.Daniel Gordon - 1993 - History of European Ideas 17 (2-3):373-374.
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  • Property and Contract in Economics: The Case for Economic Democracy.David P. Ellerman - 1992 - Blackwell.
    From a pre-publication review by the late Austrian economist, Don Lavoie, of George Mason University: -/- "The book's radical re-interpretation of property and contract is, I think, among the most powerful critiques of mainstream economics ever developed. It undermines the neoclassical way of thinking about property by articulating a theory of inalienable rights, and constructs out of this perspective a "labor theory of property" which is as different from Marx's labor theory of value as it is from neoclassicism. It traces (...)
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  • Democracy: Public Contracting in Open Societies.Jan-Erik Lane - 2019 - Philosophy Study 9 (11).
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  • The art of setting up authority: Han Fei’s doctrine of Shi.Liang Liu - 2022 - Asian Philosophy 32 (3):270-288.
    Shi is fundamental and indispensable in understanding Han Fei’s political philosophy. Han Feizi presents a political term with different meanings such as power, status, and situation. Han Fei’s doc...
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  • Who is corrupt? Anthropological reflections on the moral, the criminal and the borderline.Italo Pardo - 2013 - Human Affairs 23 (2):124-147.
    Drawing on historical and contemporary evidence from Great Britain and Italy, this article examines actions that fall under official definitions of corruption and actions that are not illegal but are widely regarded as morally corrupt. As a social anthropologist, I argue that when dealing with the complexity of corruption and abuses of power, we need to identify what aspects of the system encourage or generate illicit practices (illegal and legal) and what aspects could instead generate real change. It is imperative (...)
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  • Central Authority and Order.Emily Erikson & Joseph M. Parent - 2007 - Sociological Theory 25 (3):245-267.
    Strong central authorities are able to effectively manage costly defection, but are unable to adequately address lesser conflicts because of limits to their ability to monitor and enforce. We argue, counterintuitively, that these limitations build cooperation and trust among subordinates: the limitations contribute to the production of order. First, limits to authority leave space for locally informed decentralized enforcement. Second, central authorities act as powerful but incompetent third parties whose threatened interventions increase incentives to cooperate and, therefore, to trust. We (...)
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  • Illusions of Corporate Power:Revisiting the Relative Powers of Corporations and Governments.Jan Tullberg - 2004 - Journal of Business Ethics 52 (4):325-333.
    A common opinion is that power has shifted from states to companies. This article discusses quantitative and qualitative aspects of power possessed by companies and by states. A more adequate comparison than that between company sales and gross national product is the one between company value added and GNP. Also more adequate is the comparison between the public sector and company net profit. These rival measures take down company power to about a tenth of the sales measure. Also in qualitative (...)
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  • Symbolism of the Spirit of the Laws: A Genealogical Excursus to Legal and Political Semiotics.Jiří Přibáň - 2009 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (2):179-195.
    The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and the superiority of (...)
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  • Theorizing in sociology and social science: turning to the context of discovery.Richard Swedberg - 2012 - Theory and Society 41 (1):1-40.
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  • "Idiots, infants, and the insane": mental illness and legal incompetence.T. Szasz - 2005 - Journal of Medical Ethics 31 (2):78-81.
    Prior to the second world war, most persons confined in insane asylums were regarded as legally incompetent and had guardians appointed for them. Today, most persons confined in mental hospitals are, in law, competent; nevertheless, in fact, they are treated as if they were incompetent. Should the goal of mental health policy be providing better psychiatric services to more and more people, or the reduction and ultimate elimination of the number of persons in the population treated as mentally ill?
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  • Evaluating democratic progress: A normative theoretical perspective.Brad R. Roth - 1995 - Ethics and International Affairs 9:55–77.
    Roth argues that much of the current discourse on the diffusion of democratic norms is misleading and that only a realistic assessment of the progress of societies in transition will focus attention on the problems that remain to be solved.
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  • How to Defend a Small State?—Han Fei Zi, Plato, and Mencius.Tongdong Bai - 2021 - Dao: A Journal of Comparative Philosophy 20 (2):231-244.
    How to defend a small state is an important issue in politics and military affairs. Three important philosophical texts, the Han Fei Zi 韓非子, Plato’s Republic, and the Mencius, discuss this issue. In this article, I will analyze the three accounts offered in these texts, and compare and contrast them. We will see that the Han Fei Zi, a text in the “realist” tradition, offers a typically realist yet rather interesting account of how to save a small state from stronger (...)
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  • Political Philosophy.Dietmar Heidemann - unknown
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  • Recursos naturales, populismo rentista y tentaciones hegemónicas en América del Sur.Sebastián Lucas Mazzuca - 2013 - Araucaria 15 (29).
    El boom en los precios de los recursos naturales de la primera década del siglo veintiuno ha sido una bendición para todas las economías de Sudamérica. Para algunos regímenes políticos, con todo, obró como una maldición. En Venezuela, Ecuador, Bolivia y, en menor medida la Argentina, la bonanza de las materias primas propició la emergencia del “Rentismo Populista”, un nuevo tipo de coalición socio-política basada en la incorporación económica de los sectores informales y financiada por las ganancias extraordinarias de las (...)
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  • Informal institutions and economic development.Thomas Domjahn - 2012 - Erasmus Journal for Philosophy and Economics 5 (2):151.
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