Beyond geometry : Leibniz and the science of law -- The force of law : will -- Leibniz's systema iuris -- From the gesetzbuch to the landrecht : the ALR and the triumph of legality -- The rule of law : the Crown Prince lectures and the grounding of legality in order and security -- From reason to history : Savigny's system and the rise of social legal science -- The Bürgerliches Gesetzbuch (BGB) of 1900 : positive legal science and (...) the end of justice. (shrink)

"Charles Taylor presents a fundamental challenge to neoliberal apologists for the new world order--but not only to them.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Poetic Justice: The Literary Imagination and Public LifeDavid GormanPoetic Justice: The Literary Imagination and Public Life, by Martha C. Nussbaum; xii & 143 pp. Boston: Beacon Press, 1995, $20.00.This volume, a revision of lectures given in 1991, is a philosophical study comparing aspects of law and literature. The law in question is contemporary American case law (hence the reference to “Public Life” in the book’s subtitle). The literature (...) to which it is juxtaposed consists primarily of “realist social novels” (p. 87), represented chiefly by Dickens’s Hard Times, though with some attention also given to E. M. Forster’s Maurice, Richard Wright’s Native Son, and to passages from Whitman’s poetry (quoted, characteristically, at some length). Nussbaum’s thesis is that both this kind of legal discourse and this kind—or kinds—of literary discourse constitute, involve, or otherwise rely upon an imaginative vision of human life and its possibilities. Thus lawyers have a great deal to learn from literature, insofar as contact with the capacious imaginations of a Dickens or a Whitman can only enlarge the sensibilities of those who read them in a sufficiently open-minded, reflective way.It may be both too kind and overly reductive to ascribe to Poetic Justice such a thing as a thesis. On the contrary, this compact book, like all of Nussbaum’s writings, teems with theories and theses. This is the main reason, I suppose, for the dichotomy of responses to Nussbaum: some find this pullulating quality of her work exhilarating, while others just find it annoying. One advantage that I think both parties will recognize in the compactness of Poetic Justice (due to the constraints of the lecture format) is that it inhibits the author’s native prolixity, which makes her previous books—The Fragility of Goodness (1986), Love’s Knowledge (1990), and The Therapy of Desire (1994)—something of an effort even for Nussbaum’s biggest fans to stay with through every last qualification, tertiary argument, and cross-reference. [End Page 196]The opening pages of these lectures seem, if anything, all too simple. Nussbaum’s initial target is the economistic, deterministic school of social analysis associated with the University of Chicago generally and with Richard Posner in particular, which has lately exercised a disproportionate influence in American jurisprudence and—especially during the Reagan-Bush era—in public policymaking. Against this kind of thinking, which attempts to treat human beings and their actions and decisions as much as possible in terms of quantifiable, statistical measures, Nussbaum emphasizes the autonomy, the irreducible singularity of each human being and the qualitative aspects of each person’s experience, which is the kind of cautionary lesson that she sees literary works as driving home—hence their value as a counterweight, or even a vaccine, against reductive economism. Thus readers will tend to assume from the first lecture (“The Literary Imagination”) that what they are in for, pretty much, is something like Bob Cratchit’s comeback to Ebenezer Scrooge. The Dickensian comparison is not fortuitous, of course, because although the text of reference is Hard Times and not A Christmas Carol, the moral antithesis is familiar enough: a coldly, blindly all-embracing utilitarianism versus a warm, empathetic humanism.Yet, as Nussbaum develops her account, things are not so simple. What emerges is that her aim is not simply to mount an attack on the economic-determinist approach to analyzing (and thus judging) human behavior, but in the first place to understand it, to get inside this worldview. This empathetic response to Chicago-style social analysis, in turn, weaves itself into the texture of Nussbaum’s book in two ways. For one thing, it supports her call to treat literature as making a potentially significant contribution to public life, since what better path can there be to understanding neo-utilitarians like Posner than via imaginative portrayals of such paleo-utilitarians as Mr. Gradgrind? For another thing, moreover, the very gesture of trying to empathize with economic determinism rather than trying to bury it serves the purpose of showing up the latter’s limitations, because this kind of other-directed response is just what the utilitarian approach is least... (shrink)

Written in the 1960s, TRUTH AND METHOD is Gadamer's magnum opus.

The Protestant ethic — a moral code stressing hard work, rigorous self-discipline, and the organization of one's life in the service of God — was made famous by sociologist and political economist Max Weber. In this brilliant study (his best-known and most controversial), he opposes the Marxist concept of dialectical materialism and its view that change takes place through "the struggle of opposites." Instead, he relates the rise of a capitalist economy to the Puritan determination to work out anxiety over (...) salvation or damnation by performing good deeds — an effort that ultimately discouraged belief in predestination and encouraged capitalism. Weber's classic study has long been required reading in college and advanced high school social studies classrooms. (shrink)

Introduction Few areas of social inquiry are more exciting and important, and yet at the same time more marked by controversy and dispute, than the area ...

This article revisits what the poet Samuel Taylor Coleridge termed the ‘rage of metaphysics’, the grand intellectual engagement that defined the late eighteenth and early nineteenth century Enlightenment. It does so in order to retrieve an alternative jurisprudence, one that described itself as much in terms of sentiment as of sense. It is suggested that one of the most striking expressions of this jurisprudence can be found in Adam Smith's Theory of Moral Sentiments. This attempt to retrieve a sentimental jurisprudence (...) chimes with a wider intellectual movement, headed by the likes of Richard Rorty and Martha Nussbaum, which seeks to reinvest a ‘new’ humanism in both domestic and trans-national legal and political order. It speaks more particularly to recent debates surrounding the nature of human and civil rights, and enjoys an added resonance in the context of recent attempts to fashion a jurisprudence of ‘reconciliation’ in South Africa and elsewhere. (shrink)

One of the most influential philosophers in the English-speaking world, Charles Taylor is internationally renowned for his contributions to political and moral theory, particularly to debates about identity formation, multiculturalism, secularism, and modernity. In _Modern Social Imaginaries,_ Taylor continues his recent reflections on the theme of multiple modernities. To account for the differences among modernities, Taylor sets out his idea of the social imaginary, a broad understanding of the way a given people imagine their collective social life. Retelling the history (...) of Western modernity, Taylor traces the development of a distinct social imaginary. Animated by the idea of a moral order based on the mutual benefit of equal participants, the Western social imaginary is characterized by three key cultural forms—the economy, the public sphere, and self-governance. Taylor’s account of these cultural formations provides a fresh perspective on how to read the specifics of Western modernity: how we came to imagine society primarily as an economy for exchanging goods and services to promote mutual prosperity, how we began to imagine the public sphere as a metaphorical place for deliberation and discussion among strangers on issues of mutual concern, and how we invented the idea of a self-governing people capable of secular “founding” acts without recourse to transcendent principles. Accessible in length and style, _Modern Social Imaginaries_ offers a clear and concise framework for understanding the structure of modern life in the West and the different forms modernity has taken around the world. (shrink)

For nearly two centuries, Kronman argues, the aspirations of American lawyers were shaped by their allegiance to a distinctive ideal of professional excellence. In the last generation, however, this ideal has failed, undermining the identity of lawyers as a group and making it unclear to those in the profession what it means for them personally to have chosen a life in the law.

In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

Discusses the nature of thought and volition, examines past philosophical theories, and clarifies the relation between will and freedom.

Unger shows how a changed practice of legal analysis can reshape the dominant institutions of representative democracy, market economy and free civil society.

In this book, James Boyd White shows how texts by some of our most important thinkers and writers—including Plato, Shakespeare, Dickinson, Mandela, and Lincoln—answer these questions, not in the abstract, but in the way they wrestle ...

The Principle of Reason, the text of an important and influential lecture course that Martin Heidegger gave in 1955–56, takes as its focal point Leibniz’s principle: nothing is without reason.

First published in German in 1984 as volume 45 of Martin Heidegger’s collected works, this book is the first English translation of a lecture course he presented at the University of Freiburg in 1937–1938. Heidegger’s task here is to reassert the question of the essence of truth, not as a "problem" or as a matter of "logic," but precisely as a genuine philosophical question, in fact the one basic question of philosophy. Thus, this course is about the essence of truth (...) and the essence of philosophy. On both sides Heidegger draws extensively upon the ancient Greeks, on their understanding of truth as aletheia and their determination of the beginning of philosophy as the disposition of wonder. In addition, these lectures were presented at the time that Heidegger was composing his second magnum opus, Beiträge zur Philosophie, and provide the single best introduction to that complex and crucial text. (shrink)

Until the time of Karl Marx and John Stuart Mill, philosophers generally held economics to be an integral element of moral philosophy. These days, the language of values—moral, aesthetic, and cognitive—dominates philosophic discourse, even though contemporary philosophers rarely hold economics to be integral to moral philosophy. Examining the thought of Friedrich Nietzsche and the art of Marcel Proust, Edward Andrew provides the first sustained critical analysis of values discourse, an analysis that deconstructs its content and its form.

As a work of social theory, I would argue that it belongs in a class with the writings of Habermas and Arendt". -- Jay Bernstein, University of Essex This is one of the most original and important works of contemporary European thought.

Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges (...) widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence. (shrink)