This qualitative research aims to explore and unravel the theory of natural law within its Greek context and its influence on political thought, particularly addressing the need to counteract the damages of tyranny and the cyclical succession of regimes, as articulated by Plato. This study reveals that the concept of natural law predates Stoics and it is rooted within the pre-Socratic natural philosophy. The study exposes that Aristotelian ethics and politics are rooted in the concept of (...) class='Hi'>natural law, ultimately giving rise to the Aristotelian "mixed form of government" and laying the groundwork for republicanism. In extending this inquiry, I attempt to identify a parallel argument in ancient Iran, investigating the presence of natural law and its impact on the political landscape. The concept of natural law, emphasizing the alignment of social and political affairs with nature's rules, played a significant role in shaping the Indo-Iranian communities. The Sanskrit term rta and its Avestan equivalent, Aša, denote this foundational concept. However, the ascendancy of Zoroastrianism and its new theology led to the consolidation of all Indo-Iranian gods into the singular omnipotent deity, Ahura Mazdā. Ahura Mazdā, along with its prophet Zaraθuštra, possessed the authority to govern both earthly life and the afterlife. The exclusive attributes of Ahu and Ratu empowered God and its messenger to formulate and enact laws ensuring a place in heaven. Consequently, Divine Law and positive law became intricately intertwined within a unified legal framework. This divine law, sanctioned by God and enforced by the King, diverges from the Greek perspective, particularly that of Aristotle, where tyranny is seen as a deviation from the ideal political order. In the Iranian context, tyranny is synonymous with God's representation, sharing the holiness and regal attributes of a King, who, in the Iranian and Avestan sense, enjoys God's blessing as Xvarənah or Faer-e Izadi. The intertwining of law and authority of the King precludes the possibility of an independent legal sovereignty apart from the King’s authority. The monotheistic tenets of Zaraθuštra’s religion, officially established in the 4th century AD as the Religion of the State, solidify this integrated system. Consequently, the coexistence of republicanism or any mixed form of government within Iran becomes unattainable under the influence of this monotheistic doctrine. (shrink)

Many prominent proponents of Old and New Natural Law morally condemn sexual acts between people of the same sex because those acts are incapable of reproduction; they each offer a distinct set of supporting reasons. While some New Natural Law philosophers have begun to distance themselves from this moral condemnation, there are not many similarly ameliorative efforts within Old Natural Law. I argue for the bold conclusion that Old Natural Law philosophers can accept the basic premises (...) of Old Natural Law without also being committed to morally condemning sexual activity between people of the same sex. I develop an argument from analogy that shows how we can draw metaphysically distinct sub‐categories based on someone's capacity to experience the unitive goods of sex. This unitive capacity constitutes the sub‐category and provides a distinct principle for evaluating how members of that sub‐category (X) act as members of that sub‐category, rather than as acting as defective members of another category (Y). Even though my argument is ‘internal’ to Old Natural Law, I conclude by showing how these conclusions can also address some of the objections to same‐sex sex in New Natural Law. (shrink)

In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical (...) doubt. The main scholastic legacy to the new moral science is the dichotomy between an ‘intellectualist’ and a ‘voluntarist’ view of natural law (or between lex immanens and lex imposita). Voluntarism lies at the basis of both theological views, such as Calvinism, and political views, such as those of Hobbes and Locke. The need to counterbalance the undesirable implications of extreme voluntarism may account for much of the developments in ethics and politics during the seventeenth and eighteenth centuries.Scottish natural jurisprudence, which tried to find a middle way between skepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits. There emerged, as one of its ‘accidental’ outcomes, a systematic, self-contained and empirical economic theory from the search for an empirically based normative theory of social life. The basic assumption of such a theory, namely, the notion of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as ‘imposed’ law.Later discussions of social issues in terms of ‘economic’ and ‘ethical’ reasons originated partly from a misreading ofthe Scottish natural jurisprudential framework of economic theory. Starting with this reconstruction, I try to shed some light on recent discussions about the role of ethics in economics. (shrink)

This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From this (...) account will emerge the structure of law and the metaphysics of justice. I shall explore those aspects of Cyberspace which cause geography to be problematic for Positive Law Theory and show how these are essential, unavoidable and beneficial. I will then apply Aquinas’s structure of law and metaphysics of justice to these characteristics. From this will emerge an alternative approach to cyberlaw which has no problem with the nature of Cyberspace as it is but treats it as a positive foundation for new legal developments. (shrink)

The introduction of laws of nature is often seen as one of the hallmarks of the Scientific Revolution of the seventeenth century. The new sciences are thought to have introduced the revolutionary idea that explanations of natural phenomena have to be grounded in exceptionless regularities of universal scope, i. e. laws of nature. The use of legal terminology to talk about natural regularities has a longer history, though. This article traces these earlier uses.

From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless of whether the President of (...) the United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution. On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices. In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence. (shrink)

Essential for the concept of the law of nature is not only spatio-temporal universality, but also functionality in the sense of the dependency on physical conditions of natural entities. In the following it is explained in detail that just the neglect of this functional property is to be understood as the real reason for the occurrence of the Goodman paradox – with the consequence, that the behavior of things seems to be completely at the mercy of change of unique (...) unrepeatable temporal points. It is exactly this (mis-)understanding that also generated the induction problem. From the intrinsic connection between universality and functionality, however, – that is my claim – the ontological consequence of a nature results, for which lawfulness is coupled to essentially functionally defined time sequences, thereby implying a potentiality dimension of nature, too. (shrink)

Introduction to the Scientific Proof of the Natural Moral Law This paper proves that Aquinas has a means of demonstrating and deriving both moral goodness and the natural moral law from human nature alone. Aquinas scientifically proves the existence of the natural moral law as the natural rule of human operations from human nature alone. The distinction between moral goodness and transcendental goodness is affirmed. This provides the intellectual tools to refute the G.E. Moore (Principles of (...) Ethics) attack against the natural law as committing a "naturalistic fallacy". This article proves that instead Moore commits the fallacy of equivocation between moral goodness and transcendental goodness in his very assertion of a "naturalistic fallacy" by the proponents of the natural moral law. In the process the new deontological/kantian theory of natural law as articulated by John Finnis, Robert George, and Germain Grisez is false historically and philosophically. Ethical naturalism is affirmed as a result. (shrink)

The well-known empiricist apories of the lawfulness of nature prevent an adequate philosophical interpretation of empirical science until this day. Clarification can only be expected through an immanent refutation of the empiricist point of view. My argument is that Hume’s claim, paradigmatic for modern empiricism, is not just inconsequent, but simply contradictory: Empiricism denies that a lawlike character of nature can be substantiated. But, as is shown, anyone who claimes experience to be the basis of knowledge (as the empiricist naturally (...) does), has, in fact, always already presupposed the lawfullness of nature, i.e. has assumed the ontology of a nature lawful in itself. If lawfulness is, more closely, understood as dependency on conditions, then the functional character of the laws of nature is involved with the consequence that verification is not to be taken as a mere repetition of measurements but as clarification of the conditional structure of the physical process. Furthermore the functionality of the laws of nature also includes a statement on their invariance (relative to certain transformations) and so their lawlikeness. This throws a new light on the problem of induction. Seen in this way it is hardly surprising that the notorious neglect of the functional aspect in empiricism has led to fundamental problems with the concept of the law of nature. (shrink)

The goal of this thesis to defend the philosophical view of the new ante rem substantivism against its supposed alternatives. To achieve such goal, we will present four views about the nature of laws, two kinds of realism and two kinds of anti-realism, and evaluate them critically. The disadvantages from those theories are going to be presented for us to show that they are insufficient to provide a metaphysics that is able to explain the world's counterfactuality, universality, and regularity, and (...) that just one form of realism, the new ante rem substantivism, can. This goal is important because the concept of laws of nature is widely used in many areas of science and philosophy, and because according to the view we accept, the laws may fulfill some theoretical roles, and not others. We intent to show that the new ante rem substantivism's laws are able to fulfill the roles that scientists would hope the natural laws to fulfill. (shrink)

I show how the two great Humean ways of understanding laws of nature, projectivism and systems theory, have unwittingly reprised developments in metaethics over the past century. This demonstration helps us explain and understand trends in both literatures. It also allows work on laws to “leap- frog” over the birth of many new positions, the nomic counterparts of new theories in metaethics. However, like leap-frogging from agriculture to the internet age, it’s hardly clear that we’ve landed in a good place. (...) My reactionary advice is to return to Hume and work on the central insights that motivated Humeanism about modality in the first place. When updated with contemporary insights, there we will find an attractive naturalistic theory of laws, or so I’ll argue, and along the way we’ll see how projectivism and systems theory both get something right about this overall theory. (shrink)

In the period of emergence of early modern science, ‘monsters’ or individuals with physical congenital anomalies were considered as rare events which required special explanations entailing assumptions about the laws of nature. This concern with monsters was shared by representatives of the new science and Late Scholastic authors of university textbooks. This paper will reconstruct the main theses of the treatment of monsters in Late Scholastic textbooks, by focusing on the question as to how their accounts conceived nature’s regularity and (...) teleology. It shows that they developed a naturalistic teratology in which, in contrast to the naturalistic explanations usually offered by the new science, finality was at central stage. This general point does not impede our noticing that some authors were closer to the views emerging in the Scientific Revolution insofar as they conceived nature as relatively autonomous from God and gave a relevant place to efficient secondary causation. In this connection, this paper suggests that the concept of the laws of nature developed by the new science –as exception-less regularities—transferred to nature’s regularity the ‘strong’ character that Late Scholasticism attributed to finality and that the decline of the Late Scholastic view of finality played as an important concomitant factor permitting the transformation of the concept of laws of nature. (shrink)

The philosophy of superdeterminism is based on a single scientific fact about the universe, namely that cause and effect in physics are not real. In 2020, accomplished Swedish theoretical physicist, Dr. Johan Hansson published a physics proof using Albert Einstein’s Theory of Special Relativity that our universe is superdeterministic meaning a predetermined static block universe without cause and effect in physics. Because of this new scientific understanding of our universe, the nature of miracles must be predetermined events that occur within (...) our static block universe. The predetermined static nature of our universe lends itself to the predetermined occurrence of miracles without the necessity of any intervention in time or interference with the laws of physics. Moreover, the new philosophy of superdeterminism supports the existence of a Creator God capable of predetermining the occurrence of miracles in human events. (shrink)

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first (...) two sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

If the Past Hypothesis underlies the arrows of time, what is the status of the Past Hypothesis? In this paper, I examine the role of the Past Hypothesis in the Boltzmannian account and defend the view that the Past Hypothesis is a candidate fundamental law of nature. Such a view is known to be compatible with Humeanism about laws, but as I argue it is also supported by a minimal non-Humean "governing'' view. Some worries arise from the non-dynamical and time-dependent (...) character of the Past Hypothesis as a boundary condition, the intrinsic vagueness in its specification, and the nature of the initial probability distribution. I show that these worries do not have much force, and in any case they become less relevant in a new quantum framework for analyzing time's arrows---the Wentaculus. Hence, the view that the Past Hypothesis is a candidate fundamental law should be more widely accepted than it is now. (shrink)

The Constitution is the highest law of the country, while international law is a field of law that deals with the rights and obligations between countries. The essence of international community is of decentralized nature, in which the legal order is formed according to the principle of sovereign equality. However, there are many perspectives that approach the international community and international law from a universalistic and idealistic viewpoint. In other words, if the positivist and pseudo-oriented view of international law is (...) the reality of international community and international law, the universalist or idealist perception of international law can be said to be their goals. It is true that those two perspectives on international community and international law are neither omnicient nor all-perceiving, but complexly intertwined. The Constitution and international law, which can be considered the two axes of public law, are closely interrelated to the formation of a modern absolute state and civic democracy. The absoluteness of state power and civic democracy are doomed to fate our present and our future. This is not only such fundamental political order, but it also has become a foundation for the development of modern and contemporary order of law. And the two dimensions of order, politics and law, are developing in a dialectical manner. Under this background, this paper aims to provide a harmonious view sprucing up the reality of public law that penetrates both of the international and domestic society within a large framework. It is for research purpose and needs an effort of work by reviewing and analyzing the essence, commonalities, and differences among various adjacent concepts of the Constitution and international law discourse. This paper first begins with a discussion by presenting the historical development of existing hard legal system that penetrates the Constitution and international law through their realistic framework. Furthermore, we look at the softness of international law, conceptual discourse on the international law and world law, international constitutionalism and constitutional theory, and a compendium of world administrative law. We look at the background for the development of these commentaries, the main topics of discussion, and their commonalities or differences. Finally we briefly diagnose and place the future of new sermons that needs to be adduced due to changes in the international community. (shrink)

Leuridan (2011) questions whether mechanisms can really replace laws at the heart of our thinking about science. In doing so, he enters a long-standing discussion about the relationship between the mech-anistic structures evident in the theories of contemporary biology and the laws of nature privileged especially in traditional empiricist traditions of the philosophy of science (see e.g. Wimsatt 1974; Bechtel and Abrahamsen 2005; Bogen 2005; Darden 2006; Glennan 1996; MDC 2000; Schaffner 1993; Tabery 2003; Weber 2005). In our view, Leuridan (...) misconstrues this discussion. His weak positive claim that mechanistic sciences appeal to generalizations is true but uninteresting. His stronger claim, that all causal claims require laws, is unsupported by his arguments. Though we proceed by criticizing Leuridan’s arguments, our greater purpose is to embellish his arguments in order to show how thinking about mechanisms enriches and transforms old philosophical debates about laws in biology and provides new insights into how generalizations afford prediction, explanation and control. (shrink)

Catholic sexual ethics proposes a number of exceptionless moral norms. This distinguishes it from theories which deny the possibility of any exceptionless moral norms (e.g. the proportionalist approach proposed in the aftermath of "Humanae Vitae" and condemned in "Veritatis Splendor"). I argue that Catholic teaching on sexual ethics refers to chosen physical structures in such a way as to make ‘new natural law’ theory inherently unstable. I outline a theory of “the moral act” (Veritatis Splendor 78) which emphasises the (...) place which chosen physical features – in particular, chosen sexual structures – play in specifying human actions. I conclude that this account, involving what I term UMDAs, is needed to make sense of the Church’s teaching in these areas. (shrink)

Some have tried to make miracles compatible with the laws of nature by re-defining them as something other than interventions. By contrast, this article argues that although miracles are divine interventions, they are not violations of the laws of nature. Miracles are also not exceptions to the laws, nor do the laws not apply to them. The laws never have exceptions; they never are violated or suspended, are probably necessary and unchangeable, and apply also to divine interventions. We need to (...) reconsider not miracles but laws. The main claim of this article is that laws of nature do not entail regularities, and therefore that miracles do not violate the laws. We need a new theory of the laws of nature: the tendency theory. (shrink)

David Hume's famous riddle of induction implies a second problem related to the question of whether the laws and principles of nature might change in the course of time. Claims have been made that modern developments in physics and astrophysics corroborate the translational invariance of the laws of physics in time. However, the appearance of a new general principle of nature, which might not be derivable from the known laws of physics, or that might actually be a non-physical one (this (...) means completely independent of physical science) supports the notion that the course of nature can change in time. Here it is argued that natural selection satisfies the criteria that identify a general principle of nature which so far, appears to be non-derivable from the known laws of physics and therefore, it is likely that it arose in the course of time, thus leaving open again the quest for a true solution to Hume's second problem. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist Vandana (...) Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

Contingentism, generally contrasted with law necessitarianism, is the view that the laws of nature are contingent. It is often coupled with the claim that their contingency is knowable a priori. This paper considers Bird's (2001, 2002, 2005, 2007) arguments for the thesis that, necessarily, salt dissolves in water; and it defends his view against Beebee's (2001) and Psillos's (2002) contingentist objections. A new contingentist objection is offered and several reasons for scepticism about its success are raised. It is concluded that (...) certain higher-level laws describing the behaviours of molecular compounds may be necessary due to their dependence on underlying physical laws, and that the modal status of laws of nature cannot be determined a priori, as the structural features of the substances and properties they govern must first be investigated. (shrink)

There is a common argument form in the metaphysics of natural laws literature: a theory of natural law is attacked by offering a claim L as a law of scientific field F (physics, chemistry, biology, etc.), and from this law metaphysical implications contrary to the theory are drawn. Quite often however, L would not be regarded as a law by a scientist of F. Roberts' "measurability account of laws" offers a new and interesting way to more reliably identify (...) the laws of a field F and to eliminate the L that are not laws of F from the literature. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...) of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

Psychology considered as a natural science began as Aristotelian "physics" or "natural philosophy" of the soul, conceived as an animating power that included vital, sensory, and rational functions. C. Wolff restricted the term " psychology " to sensory, cognitive, and volitional functions and placed the science under metaphysics, coordinate with cosmology. Near the middle of the eighteenth century, Krueger, Godart, and Bonnet proposed approaching the mind with the techniques of the new natural science. At nearly the same (...) time, Scottish thinkers placed psychology within moral philosophy, but distinguished its "physical" laws from properly moral laws. British and French visual theorists developed mathematically precise theories of size and distance perception; they created instruments to test these theories and to measure visual phenomena such as the duration of visual impressions. By the end of the century there was a flourishing discipline of empirical psychology in Germany, with a professorship, textbooks, and journals. The practitioners of empirical psychology at this time typically were dualists who included mental phenomena within nature. Accordingly, psychology as a natural scientific disciplines was not invented in the 18th and 19th centuries, but *remade* from the extant empirical psychology. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order (...) which often can be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

Moral theory requires for its development an account of human wellbeing, of what it is for a thing to be good for a person: a theory, that is, of nonmoral goodness. Contemporary moral theorists--notably the so-called "new natural law theorists" and consequentialists alike--have come under fire for their failure to provide defensible accounts of nonmoral goodness.' This essay will present in outline three important rival approaches to the question of nonmoral goodness--natural law, communitarian, and informed-desire approaches--and will identify (...) some significant strengths and weaknesses within and some principle differences among these rival versions. One of these approaches, the full-information informed-desire approach of recent popularity, will be developed to overcome its shortcomings by incorporating natural law and communitarian resources. Finally, the resulting view will be presented as maintaining the strengths and avoiding the weaknesses of each of the three rival approaches discussed, and thus as showing more promise than they for serving as the foundation of moral theory. (shrink)

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for legal (...) regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (shrink)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between national and (...) global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

Humeans about laws maintain that laws of nature are nothing over and above the complete distribution of non-modal, categorical properties in spacetime. ‘Humean compatibilists’ argue that if Humeanism about laws is true, then agents in a deterministic world can do otherwise than they are lawfully determined to do because of the distinctive nature of Humean laws. More specifically, they reject a central premise of the Consequence argument by maintaining that deterministic laws of nature are ‘up to us’. In this paper, (...) we present a new argument for Humean compatibilism. We argue that Humeans about laws indeed have resources for defending compatibilism that non-Humeans lack. Moreover, we show that utilizing these resources does not lead to objectionable consequences. Humeans about laws should thus embrace Humean compatibilism. (shrink)

In the first part of this paper, I try to clear the ground from frequent misconceptions about the relationship between fact and value by examining some uses of the adjective “natural” in ethical controversies. Such uses bear evidence to our “natural” tendency to regard nature (considered in a descriptive sense, as the complex of physical and biological regularities) as the source of ethical norms. I then try to account for the origin of this tendency by offering three related (...) explanations, the most important of which regards it as the outcome of an adaptation: if any behaviour that favours our equilibrium with the environment is potentially adaptive, nothing can be more effective for this goal than developing an attitude toward the natural world that regards it as a dispenser of sacred norms that must be invariably respected. By referring to the Aristotelian notion of human flourishing illustrated in the first part of the paper, in the second I discuss some ethical problems raised by mini-chips implantable under in our bodies. I conclude by defending the potential beneficial effects of such new technological instruments. (shrink)

According to the deductive-nomological account of ground, a fact A grounds another fact B in case the laws of metaphysics determine the existence of B on the basis of the existence of A. Accounts of grounding of this particular variety have already been developed in the literature. My aim in this paper is to sketch a new version of this account. My preferred account offers two main improvements over existing accounts. First, the present account is able to deal with necessitarian (...) as well as non-necessitarian cases of grounding by acknowledging the existence of two types of metaphysical laws. I will argue that we should assume that metaphysical laws come in the necessitarian as well as in the non-necessitarian varietyclosely paralleling the distinction between strict and non-strict laws in the philosophy of science. The second main improvement of the present account is that this account is able to provide an explanation of why the laws of metaphysics have a direction built into them. I will argue that we should characterize metaphysical laws with the help of Theodore Sider’s (2011) notion of structure, which is a descendent of David Lewis’s (1983) notion of naturalness. According to the account of metaphysical laws developed in this paper, metaphysical laws express in their antecedents either perfectly structural truths or more structural truths than in their consequents. Since on Sider’s account structural features of reality are fundamental features of reality, the account is able to explain as to why the laws of metaphysics take us from the fundamental to the derivative. (shrink)

I argue that the difference between the 17th century new moral science and Scholastic Natural Law Theory derived primarily from the skeptical challenge the former had to face. Pufendorf's project of a 'scientia practica universalis' was the paramount expression of an anti-skeptical moral science, a «science» both explanatory and normative, but also anti-dogmatic in so far as it tried to base its laws on those basic phenomena of human life that supposedly were outside the scope of skeptical doubt. Of (...) the Scholastic legacy to the new moral science, a dichotomy between an «intellettualistic» and a «voluntaristic» view of natural law (or between lex immanens and lex imposita). Voluntarism lays at the root both of theological views such as those of Calvinism and of political views such as those of Hobbes and Locke. A need to counterbalance undesirable implications of estreme voluntarism may account for much of 17th and 18th centuries developments in ethics and politics. Scottish natural jurisprudence, an expression of such quest for a third way between scepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits of. One of its side-effects, namely a systematic, self-contained, and empirical economic theory, results from the search for a normative theory of social life on an empirical basis. The main tool for building such a theory, namely a view of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as «imposed» law. Subsequent discussions of social issues based on the opposition of economic and ethical reasons originated partly from gross misreading of the Scottish natural jurisprudential framework for economic theory. (shrink)

In this article I argue for an empiricist view on laws. Some laws are fundamental in the sense that they are the result of inductive generalisations of observed regularities and at the same time in their formulation contain a new theoretical predicate. The inductive generalisations simul- taneously function as implicit definitions of these new predicates. Other laws are either explicit definitions or consequences of other previously established laws. I discuss the laws of classical mechanics, relativity theory and electromagnetism in detail. (...) Laws are necessary, whereas acciden- tal generalisations are not. But necessity here is not a modal concept, but rather interpreted as short for the semantic predicate “... is necessarily true”. Thus no modal logic is needed. The neces- sity attributed to law sentences is in turn interpreted as “necessary condition for the rest of the the- ory”, which is true since fundamental laws are implicit definitions of theoretical predicates use in the theory. (shrink)

Abstract The article undertakes ina socio- economic-political order free from exploitation, dogma, superstitions and discrimination, wherein every individual occupies the center stage in collective life. He is critical of speculative lain the empirical realities. It is argued that since the empirical realities are explainable by laws of nature postulation of transcendental entities is redundant and unwarranted. He seeks to show the futility of Parliamentary democracy as it vests power with the elected minority whereas the real power should rest in the (...) people at the grassroots through village committee. Man is rational at the core. acumen is not allowed to be overpowered by the non-rational factors. It is human will that determines the course of history. Politics and ethics must go hand in hand. Ethics has its origin in -centric. Roy ignores the fact that human existence is dependent on the non-humans species i.e. flora, fauna and inanimate forces of nature as well. Therefore values should be such that they not only offer a shared forum for human beings to share and care for their fellowmen but also the flora and fauna. Hence, in order to usher in the new society what is the need of the hour is cultivation of holistic values, As is the perception of reality (worldview), so is the nature of values. Holistic values presuppose a Cosmo-centric ontology. There is the necessity of a holistic ethical paradigm which is possible only when people by and large, perceive interrelatedness and interdependence of things and beings and the underlying unity beneath apparent diversity. (shrink)

Contemporary debates about sexual ethics are dominated by a consent-oriented approach—consensualism. This position well explains the immorality of such acts as rape, pedophilia, bestiality and necrophilia. However, consensualism faces difficulties when it comes to adultery or HIV transmission. This article analyzes such unacquired moral obligations not to engage in consensual sex. A new natural law approach is proposed to explain and justify these obligations. This position places central importance in the evaluation of sexual acts on whether they are aimed (...) at achieving some common good and whether they harm some other good. As will be shown, the new natural law overcomes the difficulties of consensualism and grounds unacquired obligations in sexual ethics. And if this approach is combined with a pluralistic view of the goods that are realized in sex, then the new natural law does not allow the conservative conclusions about sexual morality inherent in the old natural law theory. (shrink)

Modern science began as natural philosophy, an admixture of philosophy and science. It was then killed off by Newton, as a result of his claim to have derived his law of gravitation from the phenomena by induction. But this post-Newtonian conception of science, which holds that theories are accepted on the basis of evidence, is untenable, as the long-standing insolubility of the problem of induction indicates. Persistent acceptance of unified theories only in physics, when endless equally empirically successful disunified (...) rivals are available, means that physics makes a persistent, problematic metaphysical assumption about the universe: that all disunified theories are false. This assumption, precisely because it is problematic, needs to be explicitly articulated within physics, so that it can be critically assessed and, we may hope, improved. The outcome is a new conception of science—aim-oriented empiricism—that puts science and philosophy together again, and amounts to a modern version of natural philosophy. Furthermore, aim-oriented empiricism leads to the solution to the problem of induction. Natural philosophy pursued within the methodological framework of aim-oriented empiricism is shown to meet standards of intellectual rigour that science without metaphysics cannot meet. (shrink)

The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not (...) depend on our having special ties to these institutions, special ties of the sort we have to the institutions of our own government. I argue that we do not need to appeal to the idea of a natural duty to justify compliance with many laws. For example, New Zealanders must not murder, rape, or steal while in France, not because they have a duty to obey laws of a just state, but because it is wrong to murder, rape, or steal. If the natural duty theory is taken to be a statement of the conditions necessary for an obligation to exist, it would wrongly conclude there is no duty to obey laws against murder or rape in a state whose institutions and laws are not just. A second class of laws reflect not moral judgments but, rather, local conventions, conventions that are morally arbitrary but which may be useful in coordinating action. For example, New Zealanders visiting France must drive on the right side of the road, as dictated by French convention. Here, too, the natural duty theory fails to provide a suitable account of the relation noncitizens have to such laws. Our reasons for driving on the right side of the road when this is accepted convention have nothing to do with the justice of the institutions of the state. To flout this convention is not to undermine justice since there is nothing just or unjust about driving on one side of the road or another. I question the advantages of the natural duty theory, especially in light of important ambiguities in the theory. (shrink)

What is the nature of the social reality? How do the major social institutions like money and law exist? What are the limits of individualistically-oriented social theories? These and related problems are intensely discussed in philosophy, in legal theory and in the methodology of social sciences. This collection brings together the different traditions of the contemporary discussions. It includes new and thought-provoking articles by John Searle, Margaret Gilbert, Ota Weinberg, Raimo Tuomela, Eerik Lagerspetz, Michael Quante, Maria Cristina Redondo and Paolo (...) Comanducci. (shrink)

Four propositions relative to the laws of nature in the classical period must be noted. 1. Certain regularities in phenomena had been discovered. 2. A concept of law had emerged. 3. Classical science is characterized by the introduction of the notion of the legality of nature. 4. New uses of the word «law» had appeared in scientific texts. This article is devoted to the analysis of only this last proposition, that is to say to a terminological problem. First we will (...) describe the semantic uses of the word «law» that may have contributed to the constitution of its classical meaning: its specific usage, disciplinary usage, usage in physics, in mathematics, in metaphysics. Second we will analyze the various moments of the diffusion of the word in the sciences in the xviith century. The general thesis defended in the end is that if the term «law» had indeed been used in science with no reference to a law-giving God prior to the xviith century, only this reference, that is, the coming together of its physical and its metaphysical usage, allowed its generalization in the period between the xviith and xviiith centuries. (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

Aritsotle's hyle is contrasted with Plato's chora and Aquinas's prima materia. It is argued that Plato and Aristotle developed their concepts in response to very different needs, and that Aquinas's theory reflects a conflation of their views by Neoplatonic commentators. Hyle is shown to be an active potential to a determinate form in contrast to Aquinas's prima materia, which is a purely indeterminate passive potential. This gives a point of attachment in Aristotle's philosophy of nature for the later notion of (...) universal laws of nature. (shrink)

Legal philosophy dates to the Ancient Greek Philosophers, and it continues to be a vigorously debated subject due to the fact that there does not exist a legal philosophy that is beyond reapproach that encapsulates law’s origins or purpose. This paper will introduce a new legal philosophy, which I have termed instinctualism. -/- Instinctualism is the idea that law originates from human instinct. Human beings are born with certain natural capacities that they learn to utilize as they mature. Examples (...) include speaking, walking, associating, and interacting with others, and practicing faith in a divine being, the state, or some other source of inspiration and hope. Human beings don’t think about the potential illegalities of speaking their minds, moving from one place to another, or engaging in conversation with their friends or associates unless they are indoctrinated to do so. Rather, human beings do these things because they have instinctual desires and the knowledge to do so. Other rights and laws such as freedom of the press are the product of peoples’ instinctual rights. For example, as people learn to speak, they instinctually share information and news about their inner circles or communities. If taken a step further, one begins to discuss an organized press. Knowledge and understanding of laws, such as those limiting certain types of speech, i.e., hate speech, must be taught and learned; it is not instinctual. -/- This paper will introduce a subset of the most influential legal philosophies of different eras in human intellectual development, beginning with those of Ancient Greece. It will proceed to describe the shortcomings of those philosophies before introducing instinctualism as an alternative. After defining instinctualism, I will proceed to discuss how it addresses the shortcomings of other legal philosophies. Next, I will introduce rights guaranteed to the citizens of four prominent countries via relevant sources of primary law for each of those countries. Finally, I will close by reviewing the main arguments in the paper and discussing future research that I will undertake to buttress this paper’s arguments. (shrink)

Artificial Intelligence (AI) is a diverse technology. It is already having significant effects on many jobs and sectors of the economy and over the next ten to twenty years it will drive profound changes in the way New Zealanders live and work. Within the workplace AI will have three dominant effects. This report (funded by the New Zealand Law Foundation) addresses: Chapter 1 Defining the Technology of Interest; Chapter 2 The changing nature and value of work; Chapter 3 AI and (...) the employment relationship; Chapter 4 Consumers, professions and society. The report includes recommendations to the New Zealand Government. (shrink)

The regularity in social relations is deduced on the base of natural human reactions. The regularity is similar to the Newton’s Third Law. The new approach to phenomenon and definition of violence is offered as a consequence of the discovered regularity. Violence is considered as an action with an object without consent of the owner. It is shown that a person herself is responsible for significant part of violence against her, namely for the violence which is just reaction for (...) her own violence. The regularity of deliberate rejection of violence in society in historical perspective is proved. (shrink)

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

Natural compatibilists say that moral responsibility is compatible with natural (or causal) determinism, where natural events and laws of nature determine everything that happens. Theological compatibilists say that moral responsibility is compatible with theological determinism, where God (rather than natural events/laws) determines everything that happens. Some philosophers accept natural compatibilism but reject theological compatibilism, and, in this chapter, I argue that this combination of views is untenable I start with a discussion of why someone might (...) be attracted to this combination of views in the first place, which includes a discussion of the manipulation argument against compatibilism. Some natural compatibilists endorse “soft-line” responses to this argument—responses which imply theological incompatibilism. I argue that such “soft-line” approaches cannot succeed, and along the way I argue that their failure undermines Jason Turner’s recent compatibilist free will defense (in response to the problem of evil). I wrap up by considering some implications of my conclusion that natural compatibilists should be theological compatibilists, including whether my conclusion highlights the “cost” of compatibilism, as proponents of manipulation arguments sometimes allege, and also whether anything follows with regard to God’s standing to blame determined human agents. (shrink)