Gianluca Raccagni
- Published in print:
- 2010
- Published Online:
- January 2012
- ISBN:
- 9780197264713
- eISBN:
- 9780191734847
- Item type:
- book
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264713.001.0001
- Subject:
- History, European Medieval History
The Lombard League was an association created by the city republics of northern Italy in the 12th century in order to defend their autonomy and that of the papacy in a struggle against the German ...
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The Lombard League was an association created by the city republics of northern Italy in the 12th century in order to defend their autonomy and that of the papacy in a struggle against the German Holy Roman Emperor Frederick I Barbarossa. The League has enjoyed an iconic status, and in the nineteenth century was glorified as a precursor of the Italian struggle for independence in political and historical pamphlets as well as in paintings, novels, and even operas. The League played a crucial role in the evolution of Italy’s political landscape, but it did more than ensure its continued fragmentation. Historiography, in fact, has overlooked the collegial cooperation among the medieval Italian polities and this volume examines the League’s structure, activity, place in political thought, and links with regional identities. Using documentary evidence, histories, letters, inscriptions, and contemporary troubadour poems as well as rhetorical and juridical treatises, the book argues that the League was not just a momentary anti-imperial military alliance, but a body that also provided collective approaches to regional problems, ranging from the peaceful resolution of disputes to the management of regional lines of communication, usurping, in some cases, imperial prerogatives. Yet the League never rejected imperial overlordship per se, and this book explains how it survived after the end of the conflict against Frederick I, one of its most lasting legacies being the settlement that it reached with the empire, the Peace of Constance, which became the Magna Carta of the northern Italian polities.Less
The Lombard League was an association created by the city republics of northern Italy in the 12th century in order to defend their autonomy and that of the papacy in a struggle against the German Holy Roman Emperor Frederick I Barbarossa. The League has enjoyed an iconic status, and in the nineteenth century was glorified as a precursor of the Italian struggle for independence in political and historical pamphlets as well as in paintings, novels, and even operas. The League played a crucial role in the evolution of Italy’s political landscape, but it did more than ensure its continued fragmentation. Historiography, in fact, has overlooked the collegial cooperation among the medieval Italian polities and this volume examines the League’s structure, activity, place in political thought, and links with regional identities. Using documentary evidence, histories, letters, inscriptions, and contemporary troubadour poems as well as rhetorical and juridical treatises, the book argues that the League was not just a momentary anti-imperial military alliance, but a body that also provided collective approaches to regional problems, ranging from the peaceful resolution of disputes to the management of regional lines of communication, usurping, in some cases, imperial prerogatives. Yet the League never rejected imperial overlordship per se, and this book explains how it survived after the end of the conflict against Frederick I, one of its most lasting legacies being the settlement that it reached with the empire, the Peace of Constance, which became the Magna Carta of the northern Italian polities.
William Bain
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199260263
- eISBN:
- 9780191600975
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199260265.003.0006
- Subject:
- Political Science, International Relations and Politics
On 1 Nov 1994, the UN Trusteeship Council voted to suspend operations after Palau, the last remaining trust territory, attained independence. The sovereign state has emerged out of decolonization as ...
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On 1 Nov 1994, the UN Trusteeship Council voted to suspend operations after Palau, the last remaining trust territory, attained independence. The sovereign state has emerged out of decolonization as the supreme form of political organization in post‐colonial international society—an international society in which dominions, colonies, principalities, free cities, and, of course, mandates and trust territories have all but vanished. However, the ostensible failure of this post‐colonial project—the fact that the promise of peace and prosperity held out by independent statehood is too often betrayed by appalling violence and absolute poverty—has reinvigorated interest in trusteeship as a way of responding to problems of international disorder and injustice. The purpose of this chapter is threefold: first, it examines the principal dilemma of decolonization that has resulted in a renewed interest in trusteeship; second, it considers this renewed interest in trusteeship in the context of international involvement in administering Bosnia and Herzegovina, Kosovo, and, until recently, East Timor; third, it reflects upon the normative implications that a resurrected practice of trusteeship carries for a society of states that is premised on the juridical equality of all its members. The five sections of the chapter are: The False Promise of post‐Colonial Independence; Innovation and Convention—the case for trusteeship in Bosnia and Herzegovina, Kosovo, and East Timor; The New International Legitimacy—the resurrection of trusteeship; A Universal Society of States?; and Answering the Call of Humanity.Less
On 1 Nov 1994, the UN Trusteeship Council voted to suspend operations after Palau, the last remaining trust territory, attained independence. The sovereign state has emerged out of decolonization as the supreme form of political organization in post‐colonial international society—an international society in which dominions, colonies, principalities, free cities, and, of course, mandates and trust territories have all but vanished. However, the ostensible failure of this post‐colonial project—the fact that the promise of peace and prosperity held out by independent statehood is too often betrayed by appalling violence and absolute poverty—has reinvigorated interest in trusteeship as a way of responding to problems of international disorder and injustice. The purpose of this chapter is threefold: first, it examines the principal dilemma of decolonization that has resulted in a renewed interest in trusteeship; second, it considers this renewed interest in trusteeship in the context of international involvement in administering Bosnia and Herzegovina, Kosovo, and, until recently, East Timor; third, it reflects upon the normative implications that a resurrected practice of trusteeship carries for a society of states that is premised on the juridical equality of all its members. The five sections of the chapter are: The False Promise of post‐Colonial Independence; Innovation and Convention—the case for trusteeship in Bosnia and Herzegovina, Kosovo, and East Timor; The New International Legitimacy—the resurrection of trusteeship; A Universal Society of States?; and Answering the Call of Humanity.
Margaret Urban Walker
- Published in print:
- 2008
- Published Online:
- September 2007
- ISBN:
- 9780195315394
- eISBN:
- 9780199872053
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195315394.003.0001
- Subject:
- Philosophy, Feminist Philosophy
This chapter claims that the subject matter of moral theory is morality, and that morality is a socially embodied medium of understanding and negotiation over responsibility for things open to human ...
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This chapter claims that the subject matter of moral theory is morality, and that morality is a socially embodied medium of understanding and negotiation over responsibility for things open to human care and effort. Morality is found in practices of responsibility that are not modular with respect to the rest of social life, and that are apt to reflect social differences, including gender, race, and class differences typical in human communities. Feminist ethics, drawing on the work of Carol Gilligan, alleges bias in moral theory and challenges moral reflection and its basis in intuitions when the social perspectives of moral philosophers go unexamined. Contemporary Anglo-American ethics follows a theoretical-juridical model of morality. The chapter introduces an expressive-collaborative model that combines critical and normative reflection on claims to moral knowledge with a significant empirical burden in ethics. It concludes with a new Postscript on recent developments in moral theory.Less
This chapter claims that the subject matter of moral theory is morality, and that morality is a socially embodied medium of understanding and negotiation over responsibility for things open to human care and effort. Morality is found in practices of responsibility that are not modular with respect to the rest of social life, and that are apt to reflect social differences, including gender, race, and class differences typical in human communities. Feminist ethics, drawing on the work of Carol Gilligan, alleges bias in moral theory and challenges moral reflection and its basis in intuitions when the social perspectives of moral philosophers go unexamined. Contemporary Anglo-American ethics follows a theoretical-juridical model of morality. The chapter introduces an expressive-collaborative model that combines critical and normative reflection on claims to moral knowledge with a significant empirical burden in ethics. It concludes with a new Postscript on recent developments in moral theory.
Margaret Urban Walker
- Published in print:
- 2008
- Published Online:
- September 2007
- ISBN:
- 9780195315394
- eISBN:
- 9780199872053
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195315394.003.0002
- Subject:
- Philosophy, Feminist Philosophy
This chapter traces the emergence of a theoretical-juridical model of moral theory in the work of English utilitarian philosopher Henry Sidgwick's masterwork, The Methods of Ethics. Through a series ...
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This chapter traces the emergence of a theoretical-juridical model of moral theory in the work of English utilitarian philosopher Henry Sidgwick's masterwork, The Methods of Ethics. Through a series of theoretical exclusions and distinctions among morality and ethics, Sidgwick constructs the idea of a pure core of moral knowledge that can be captured by a compact moral system that is formally and practically superior to the supposed diversity of methods in commonsense morality. Sidgwick exhibits unusual self-consciousness in asking whom a scientific ethics is intended to serve, and with unusual candor defends the view that utilitarianism is best understood not as a replacement of commonsense morality for common people, but as the instrument of an exceptional few who may for utilitarian reasons not publicize their use of it.Less
This chapter traces the emergence of a theoretical-juridical model of moral theory in the work of English utilitarian philosopher Henry Sidgwick's masterwork, The Methods of Ethics. Through a series of theoretical exclusions and distinctions among morality and ethics, Sidgwick constructs the idea of a pure core of moral knowledge that can be captured by a compact moral system that is formally and practically superior to the supposed diversity of methods in commonsense morality. Sidgwick exhibits unusual self-consciousness in asking whom a scientific ethics is intended to serve, and with unusual candor defends the view that utilitarianism is best understood not as a replacement of commonsense morality for common people, but as the instrument of an exceptional few who may for utilitarian reasons not publicize their use of it.
Margaret Urban Walker
- Published in print:
- 2008
- Published Online:
- September 2007
- ISBN:
- 9780195315394
- eISBN:
- 9780199872053
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195315394.003.0003
- Subject:
- Philosophy, Feminist Philosophy
In an age of moral skepticism, moral philosophers are often casual about their own positions to represent moral life in societies segmented by gender, race, class, and other differences. Drawing on ...
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In an age of moral skepticism, moral philosophers are often casual about their own positions to represent moral life in societies segmented by gender, race, class, and other differences. Drawing on resources of feminist epistemology and naturalized epistemology, this chapter critiques a theoretical-juridical model of morality and defends an expressive-collaborative one sensitive to questions about epistemic authority, credibility, and claims to represent common moral thought and life. Intuitions are moral judgments we have learned in common with others, but which may be modified or relinquished in a process of moral reasoning that involves analogy and narrative. Reflective equilibrium is recast as a moral equilibrium among persons sustaining moral understandings and mutual intelligibility in a shared and stable way of life they can find valuable. A key critical method is thus testing for transparency the actual arrangements of power and authority that hold moral understandings in place.Less
In an age of moral skepticism, moral philosophers are often casual about their own positions to represent moral life in societies segmented by gender, race, class, and other differences. Drawing on resources of feminist epistemology and naturalized epistemology, this chapter critiques a theoretical-juridical model of morality and defends an expressive-collaborative one sensitive to questions about epistemic authority, credibility, and claims to represent common moral thought and life. Intuitions are moral judgments we have learned in common with others, but which may be modified or relinquished in a process of moral reasoning that involves analogy and narrative. Reflective equilibrium is recast as a moral equilibrium among persons sustaining moral understandings and mutual intelligibility in a shared and stable way of life they can find valuable. A key critical method is thus testing for transparency the actual arrangements of power and authority that hold moral understandings in place.
Stephen E. Lahey
- Published in print:
- 2009
- Published Online:
- January 2009
- ISBN:
- 9780195183313
- eISBN:
- 9780199870349
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195183313.003.0007
- Subject:
- Religion, History of Christianity
The resolution of the problems threatening Christianity and the church lay, Wyclif argued, in the hands of the civil lord, who ought take absolute control of all temporal affairs of the church, ...
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The resolution of the problems threatening Christianity and the church lay, Wyclif argued, in the hands of the civil lord, who ought take absolute control of all temporal affairs of the church, regulating clerical behavior and using Episcopal oversight to assure the right preaching of Christ’s law. Wyclif’s political thought depends on his conception of dominium, a technical term including both property ownership and juridical authority, the use of which had become politically charged during the Poverty Controversy in the century before Wyclif. Franciscans and papal theorists had developed a complex political theoretical framework in their dispute over the nature of Christian ownership of property and the power of ecclesiastical jurisdiction, and Wyclif used this structure to articulate his vision of how a grace-favored king might relieve the church of the problems inherent in the ownership of property. Wyclif’s political theory is a significant outgrowth of his philosophical and theological thought, and ought not be considered apart from either.Less
The resolution of the problems threatening Christianity and the church lay, Wyclif argued, in the hands of the civil lord, who ought take absolute control of all temporal affairs of the church, regulating clerical behavior and using Episcopal oversight to assure the right preaching of Christ’s law. Wyclif’s political thought depends on his conception of dominium, a technical term including both property ownership and juridical authority, the use of which had become politically charged during the Poverty Controversy in the century before Wyclif. Franciscans and papal theorists had developed a complex political theoretical framework in their dispute over the nature of Christian ownership of property and the power of ecclesiastical jurisdiction, and Wyclif used this structure to articulate his vision of how a grace-favored king might relieve the church of the problems inherent in the ownership of property. Wyclif’s political theory is a significant outgrowth of his philosophical and theological thought, and ought not be considered apart from either.
Nathan Hofer
- Published in print:
- 2015
- Published Online:
- May 2020
- ISBN:
- 9780748694211
- eISBN:
- 9781474416115
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748694211.003.0006
- Subject:
- Religion, Islam
In the previous chapter I argued that Ibn ʿA†āʾ Allāh al-Iskandarī’s Hagiographical image of al-Shādhilī and al-Mursī precipitated the institutionalisation of a collective Shādhilī identity linked to ...
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In the previous chapter I argued that Ibn ʿA†āʾ Allāh al-Iskandarī’s Hagiographical image of al-Shādhilī and al-Mursī precipitated the institutionalisation of a collective Shādhilī identity linked to an eponymous method, or †arīqa. In order to bolster his credentials and cement his status as the authorised spokesperson for and representative of the Shādhilī †arīqa in Egypt, al-Iskandarī publicised in speech and writing a specific image of the masters that became authoritative for the emergent Shādhilī collectivity. Importantly, al-Iskandarī’s construction both reflected and shaped the doctrines and practices of the nascent community. By textually standardising the doctrines and practices of the Shādhilī masters in line with communal expectations about the †arīqa, al-Iskandarī discursively mapped the identity of the collectivity onto the biographies of al-Shādhilī and al-Mursī, who thus functioned metonymically as the communal ideal.Less
In the previous chapter I argued that Ibn ʿA†āʾ Allāh al-Iskandarī’s Hagiographical image of al-Shādhilī and al-Mursī precipitated the institutionalisation of a collective Shādhilī identity linked to an eponymous method, or †arīqa. In order to bolster his credentials and cement his status as the authorised spokesperson for and representative of the Shādhilī †arīqa in Egypt, al-Iskandarī publicised in speech and writing a specific image of the masters that became authoritative for the emergent Shādhilī collectivity. Importantly, al-Iskandarī’s construction both reflected and shaped the doctrines and practices of the nascent community. By textually standardising the doctrines and practices of the Shādhilī masters in line with communal expectations about the †arīqa, al-Iskandarī discursively mapped the identity of the collectivity onto the biographies of al-Shādhilī and al-Mursī, who thus functioned metonymically as the communal ideal.
Colin Dayan
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691070919
- eISBN:
- 9781400838592
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691070919.003.0005
- Subject:
- Literature, Criticism/Theory
This chapter examines how judges determined the character of slaves. In the South, the adaptation of Lockean notions of personal identity to slaves was inextricably bound up with the understanding of ...
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This chapter examines how judges determined the character of slaves. In the South, the adaptation of Lockean notions of personal identity to slaves was inextricably bound up with the understanding of person as a forensic term and the kind of legal incapacity and nonrecognition that signaled negative personhood. Thomas Morris in Southern Slavery and the Law: 1619–1860 argues that the most crucial legal fiction was that “the slave was an object of property rights, he or she was a ‘thing’.” However, what most occupied the thoughts of lawyers and judges in cases about personal rights in the courts of Virginia on the eve of the civil war was not to affirm the slave as property, but to articulate the personhood of slaves in such a way that it was disfigured, not erased. Slave law depended on this juridical diminution. The peculiar form impairment took and the transformations that ensued gave new meaning to degradation.Less
This chapter examines how judges determined the character of slaves. In the South, the adaptation of Lockean notions of personal identity to slaves was inextricably bound up with the understanding of person as a forensic term and the kind of legal incapacity and nonrecognition that signaled negative personhood. Thomas Morris in Southern Slavery and the Law: 1619–1860 argues that the most crucial legal fiction was that “the slave was an object of property rights, he or she was a ‘thing’.” However, what most occupied the thoughts of lawyers and judges in cases about personal rights in the courts of Virginia on the eve of the civil war was not to affirm the slave as property, but to articulate the personhood of slaves in such a way that it was disfigured, not erased. Slave law depended on this juridical diminution. The peculiar form impairment took and the transformations that ensued gave new meaning to degradation.
Annabel S. Brett
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691141930
- eISBN:
- 9781400838622
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691141930.003.0008
- Subject:
- History, American History: early to 18th Century
This chapter looks at the limits of obligation in another context, that of subjects travelling from one commonwealth to another. Like the body of the subject, the physical movement of the traveler ...
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This chapter looks at the limits of obligation in another context, that of subjects travelling from one commonwealth to another. Like the body of the subject, the physical movement of the traveler implicates another interface between the civic and the natural, this time the relationship between political space and the space of local motion—the space in which all physical beings, not just humans, move. Implicitly, it poses a fundamental political question about the city as a juridical entity: whether such a body is spatially limited, and if so, how it can be that a non-physical body has a spatial location. In this sense, the border between the political and the natural and the border of the commonwealth are mutually under construction.Less
This chapter looks at the limits of obligation in another context, that of subjects travelling from one commonwealth to another. Like the body of the subject, the physical movement of the traveler implicates another interface between the civic and the natural, this time the relationship between political space and the space of local motion—the space in which all physical beings, not just humans, move. Implicitly, it poses a fundamental political question about the city as a juridical entity: whether such a body is spatially limited, and if so, how it can be that a non-physical body has a spatial location. In this sense, the border between the political and the natural and the border of the commonwealth are mutually under construction.
Robert J. Patterson (ed.)
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780252042775
- eISBN:
- 9780252051630
- Item type:
- book
- Publisher:
- University of Illinois Press
- DOI:
- 10.5622/illinois/9780252042775.001.0001
- Subject:
- Sociology, Social Movements and Social Change
Through its analysis of film, drama, fiction, visual culture, poetry, and other cultural -artifacts, Black Cultural Production after Civil Rights offers a fresh examination of how the historical ...
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Through its analysis of film, drama, fiction, visual culture, poetry, and other cultural -artifacts, Black Cultural Production after Civil Rights offers a fresh examination of how the historical paradox by which unprecedented civil rights gains coexist with novel impediments to collectivist black liberation projects. At the beginning of the 1970s, the ethos animating the juridical achievements of the civil rights movement began to wane, and the rise of neoliberalism, a powerful conservative backlash, the co-optation of “race-blind” rhetoric, and the pathologization and criminalization of poverty helped to retrench black inequality in the post-civil rights era. This book uncovers the intricate ways that black cultural production kept imagining how black people could achieve their dreams for freedom, despite abject social and political conditions. While black writers, artists, historians, and critics have taken renewed interest in the historical roots of black un-freedom, Black Cultural Production insists that the 1970s anchors the philosophical, aesthetic, and political debates that animate contemporary debates in African American studies. Black cultural production and producers help us think about how black people might achieve freedom by centralizing the roles black art and artists have had in expanding notions of freedom, democracy, equity, and gender equality. Black cultural production continues to engage in social critique and transformation and remains an important site for the (re)making of black politics.Less
Through its analysis of film, drama, fiction, visual culture, poetry, and other cultural -artifacts, Black Cultural Production after Civil Rights offers a fresh examination of how the historical paradox by which unprecedented civil rights gains coexist with novel impediments to collectivist black liberation projects. At the beginning of the 1970s, the ethos animating the juridical achievements of the civil rights movement began to wane, and the rise of neoliberalism, a powerful conservative backlash, the co-optation of “race-blind” rhetoric, and the pathologization and criminalization of poverty helped to retrench black inequality in the post-civil rights era. This book uncovers the intricate ways that black cultural production kept imagining how black people could achieve their dreams for freedom, despite abject social and political conditions. While black writers, artists, historians, and critics have taken renewed interest in the historical roots of black un-freedom, Black Cultural Production insists that the 1970s anchors the philosophical, aesthetic, and political debates that animate contemporary debates in African American studies. Black cultural production and producers help us think about how black people might achieve freedom by centralizing the roles black art and artists have had in expanding notions of freedom, democracy, equity, and gender equality. Black cultural production continues to engage in social critique and transformation and remains an important site for the (re)making of black politics.
Françoise Lauwaert
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199580910
- eISBN:
- 9780191723025
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580910.003.0020
- Subject:
- Law, Comparative Law
This chapter takes up the methodological challenge to consider a series of 18th- and 19th-century juridical texts as a particular kind of anthropological corpus. The reading of a part of that ...
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This chapter takes up the methodological challenge to consider a series of 18th- and 19th-century juridical texts as a particular kind of anthropological corpus. The reading of a part of that literature unveils a rich and complex reflection on causality, responsibility, and guilt. But what is most remarkable for an anthropologist is the way in which these categories were altered, to the extent of being inverted, when applied to the field of kinship defined by three instances: mourning, genealogy, and gender. The main sources are various editions of the code of the Qing dynasty, imperial edicts, and a huge collection of cases entitled Conspectus of Penal Cases (Xing'an huilan). Compiled by two officials of the Board of Punishments, this book belongs to a genre called ‘government books’ (zhengshu) including manuals for the magistrates, technical treatises on administration, and compilations of cases judged in all the provinces of the empire.Less
This chapter takes up the methodological challenge to consider a series of 18th- and 19th-century juridical texts as a particular kind of anthropological corpus. The reading of a part of that literature unveils a rich and complex reflection on causality, responsibility, and guilt. But what is most remarkable for an anthropologist is the way in which these categories were altered, to the extent of being inverted, when applied to the field of kinship defined by three instances: mourning, genealogy, and gender. The main sources are various editions of the code of the Qing dynasty, imperial edicts, and a huge collection of cases entitled Conspectus of Penal Cases (Xing'an huilan). Compiled by two officials of the Board of Punishments, this book belongs to a genre called ‘government books’ (zhengshu) including manuals for the magistrates, technical treatises on administration, and compilations of cases judged in all the provinces of the empire.
Wes Furlotte
- Published in print:
- 2018
- Published Online:
- May 2020
- ISBN:
- 9781474435536
- eISBN:
- 9781474453899
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474435536.003.0011
- Subject:
- Philosophy, Metaphysics/Epistemology
Chapter ten, therefore, examines the opening section of Hegel’s Rechtphilosophie, “Abstract Right,” in order develop a ‘preliminary sketch’ of the concepts of right and juridical personhood. The ...
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Chapter ten, therefore, examines the opening section of Hegel’s Rechtphilosophie, “Abstract Right,” in order develop a ‘preliminary sketch’ of the concepts of right and juridical personhood. The chapter historically contextualizes Hegel in relation to the mechanical deterministic conception of the individual (Hobbes) and abstract, though free, conceptions (Rousseau, Kant, Fichte). The chapter then moves to point out Hegel’s uniqueness in this context. Synthesizing Hobbesian and Fichtean standpoints, Hegel argues that the natural dimension of the individual (impulse, drive, and whim) is crucial to the genesis of actual freedom in the social world. Reconstructing Hegel’s analysis, the chapter shows that freedom is not undermined by acting out on one’s desires, impulses etc. but is brought into the world by these very drives. Although these drives are historically and socially conditioned they are, nevertheless, immediate and therefore constitutive of the basal level of juridical personhood. Thereby the chapter argues that a new sense of nature arises within Hegel’s political philosophy. The task, then, is to pursue what nature must mean within the fields constituting the socio-political.Less
Chapter ten, therefore, examines the opening section of Hegel’s Rechtphilosophie, “Abstract Right,” in order develop a ‘preliminary sketch’ of the concepts of right and juridical personhood. The chapter historically contextualizes Hegel in relation to the mechanical deterministic conception of the individual (Hobbes) and abstract, though free, conceptions (Rousseau, Kant, Fichte). The chapter then moves to point out Hegel’s uniqueness in this context. Synthesizing Hobbesian and Fichtean standpoints, Hegel argues that the natural dimension of the individual (impulse, drive, and whim) is crucial to the genesis of actual freedom in the social world. Reconstructing Hegel’s analysis, the chapter shows that freedom is not undermined by acting out on one’s desires, impulses etc. but is brought into the world by these very drives. Although these drives are historically and socially conditioned they are, nevertheless, immediate and therefore constitutive of the basal level of juridical personhood. Thereby the chapter argues that a new sense of nature arises within Hegel’s political philosophy. The task, then, is to pursue what nature must mean within the fields constituting the socio-political.
DAVID BOUCHER
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199203529
- eISBN:
- 9780191695490
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199203529.003.0012
- Subject:
- Political Science, Political Theory, International Relations and Politics
This chapter examines the influence of the juridical revolution on human rights. It states that the juridical revolution, especially the developments in the protection of human rights and ...
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This chapter examines the influence of the juridical revolution on human rights. It states that the juridical revolution, especially the developments in the protection of human rights and humanitarian norms, has been based upon the principle of customary law, state practice, and the statements of classic jurists who have articulated the principles in terms of which states and individuals in the international sphere have to conduct themselves. Humanitarian rights are based on customary law, which also served as the foundation of principles in international agreements and conventions.Less
This chapter examines the influence of the juridical revolution on human rights. It states that the juridical revolution, especially the developments in the protection of human rights and humanitarian norms, has been based upon the principle of customary law, state practice, and the statements of classic jurists who have articulated the principles in terms of which states and individuals in the international sphere have to conduct themselves. Humanitarian rights are based on customary law, which also served as the foundation of principles in international agreements and conventions.
Seyla Benhabib
- Published in print:
- 2006
- Published Online:
- October 2011
- ISBN:
- 9780195183221
- eISBN:
- 9780199851041
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195183221.003.0007
- Subject:
- Philosophy, Political Philosophy
At the center of much of this chapter's disagreement with Jeremy Waldron is interpreting Immanuel Kant's doctrine of jus cosmopoliticum, which can be rendered into English as “cosmopolitan right” or ...
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At the center of much of this chapter's disagreement with Jeremy Waldron is interpreting Immanuel Kant's doctrine of jus cosmopoliticum, which can be rendered into English as “cosmopolitan right” or “cosmopolitan law.” Kant's doctrine of universal hospitality opens up a space of discourse. The discourse of hospitality moves from the language of morals to that of juridical right. No matter how limited in scope the right of hospitality may be, Kant's three articles of “Perpetual Peace,” taken together, articulate principles of legal cosmopolitanism, according to which the individual is not only a moral being who is a member of a universal moral community but is also a person entitled to a certain status in a global civil society. Referring to “hospitality” as signifying all human rights claims that are cross-border in scope, may be more intelligible when viewed against the intentions of Kant's essay as a whole.Less
At the center of much of this chapter's disagreement with Jeremy Waldron is interpreting Immanuel Kant's doctrine of jus cosmopoliticum, which can be rendered into English as “cosmopolitan right” or “cosmopolitan law.” Kant's doctrine of universal hospitality opens up a space of discourse. The discourse of hospitality moves from the language of morals to that of juridical right. No matter how limited in scope the right of hospitality may be, Kant's three articles of “Perpetual Peace,” taken together, articulate principles of legal cosmopolitanism, according to which the individual is not only a moral being who is a member of a universal moral community but is also a person entitled to a certain status in a global civil society. Referring to “hospitality” as signifying all human rights claims that are cross-border in scope, may be more intelligible when viewed against the intentions of Kant's essay as a whole.
L. Jonathan Cohen
- Published in print:
- 1977
- Published Online:
- October 2011
- ISBN:
- 9780198244127
- eISBN:
- 9780191680748
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198244127.003.0010
- Subject:
- Philosophy, Metaphysics/Epistemology, Philosophy of Science
This chapter explores the difficulty about a criterion. It first introduces the inapplicability of Carnapian criteria. No familiar criterion of mathematical probability is applicable to the ...
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This chapter explores the difficulty about a criterion. It first introduces the inapplicability of Carnapian criteria. No familiar criterion of mathematical probability is applicable to the evaluation of juridical proofs. Statistical criteria have already been shown to be inapplicable. Carnapian criteria require a unanimity about range-measure, which cannot be assumed. To suppose that jurors should evaluate proofs in terms of a coherent betting policy is to ignore the fact that rational men do not bet on issues where the outcome is not discoverable otherwise than from the data on which the odds themselves have to be based. In addition, the point here is not that there is anything intrinsically and universally wrong with evaluating mathematical probabilities in terms of statistical frequencies, range-overlap or betting odds. So the onus is on the mathematicist to propose some other criterion, which is not excluded by any of the special circumstances of judicial proof.Less
This chapter explores the difficulty about a criterion. It first introduces the inapplicability of Carnapian criteria. No familiar criterion of mathematical probability is applicable to the evaluation of juridical proofs. Statistical criteria have already been shown to be inapplicable. Carnapian criteria require a unanimity about range-measure, which cannot be assumed. To suppose that jurors should evaluate proofs in terms of a coherent betting policy is to ignore the fact that rational men do not bet on issues where the outcome is not discoverable otherwise than from the data on which the odds themselves have to be based. In addition, the point here is not that there is anything intrinsically and universally wrong with evaluating mathematical probabilities in terms of statistical frequencies, range-overlap or betting odds. So the onus is on the mathematicist to propose some other criterion, which is not excluded by any of the special circumstances of judicial proof.
L. Jonathan Cohen
- Published in print:
- 1977
- Published Online:
- October 2011
- ISBN:
- 9780198244127
- eISBN:
- 9780191680748
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198244127.003.0012
- Subject:
- Philosophy, Metaphysics/Epistemology, Philosophy of Science
This chapter investigates the case against a mathematicist account of judicial probability. It considers the influence of accumulated anomalies. Each of the six anomalies in a mathematicist analysis ...
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This chapter investigates the case against a mathematicist account of judicial probability. It considers the influence of accumulated anomalies. Each of the six anomalies in a mathematicist analysis of juridical proof might be tolerable on its own. But together, they constitute a reason for preferring an analysis of juridical proof that is not confronted by such anomalies — if an analysis of this kind is available. It does not disputed that a mathematicist analysis may fit the actual procedures illegitimately employed by some lawyers or triers of fact, or that it might fit the correct procedures in a suitably altered legal system. But at present the laymen who serve on juries must be presumed capable of operating with a different concept of probability than the mathematical one.Less
This chapter investigates the case against a mathematicist account of judicial probability. It considers the influence of accumulated anomalies. Each of the six anomalies in a mathematicist analysis of juridical proof might be tolerable on its own. But together, they constitute a reason for preferring an analysis of juridical proof that is not confronted by such anomalies — if an analysis of this kind is available. It does not disputed that a mathematicist analysis may fit the actual procedures illegitimately employed by some lawyers or triers of fact, or that it might fit the correct procedures in a suitably altered legal system. But at present the laymen who serve on juries must be presumed capable of operating with a different concept of probability than the mathematical one.
Gus Van Harten
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199552146
- eISBN:
- 9780191711558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199552146.003.0003
- Subject:
- Law, Public International Law
This chapter begins with an outline of the methodology that is used to distinguish ‘public’ from ‘private’ in international arbitration, and an elaboration of underlying assumptions regarding ...
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This chapter begins with an outline of the methodology that is used to distinguish ‘public’ from ‘private’ in international arbitration, and an elaboration of underlying assumptions regarding concepts of juridical sovereignty and regulatory adjudication. The discussion then turns to the historical evolution of the treaty structure for international commercial arbitration and to its transplantation by investment treaties into the regulatory sphere. Finally, the conceptual foundations of commercial arbitration are explored as a basis for comparison to investment treaty arbitration, with particular focus on the nature of the state's consent in both contexts.Less
This chapter begins with an outline of the methodology that is used to distinguish ‘public’ from ‘private’ in international arbitration, and an elaboration of underlying assumptions regarding concepts of juridical sovereignty and regulatory adjudication. The discussion then turns to the historical evolution of the treaty structure for international commercial arbitration and to its transplantation by investment treaties into the regulatory sphere. Finally, the conceptual foundations of commercial arbitration are explored as a basis for comparison to investment treaty arbitration, with particular focus on the nature of the state's consent in both contexts.
David Sorkin
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780691164946
- eISBN:
- 9780691189673
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691164946.003.0004
- Subject:
- Society and Culture, Jewish Studies
This chapter details how the Jews of the Holy Roman Empire constituted the central European region of emancipation. Some historians would contend that the Holy Roman Empire's “archaic, traditionalist ...
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This chapter details how the Jews of the Holy Roman Empire constituted the central European region of emancipation. Some historians would contend that the Holy Roman Empire's “archaic, traditionalist constitution created a society that tolerated religious and ethnic differences to a far greater degree than the more centralized states of Western Europe”; in other words, “early modern central Europe was a pluralistic, complex society more tolerant of differences than England, France or Spain.” Whether this observation is accurate or not, it concerns toleration, not parity. Jews in the Holy Roman Empire fell behind Jews to the east and west in their political status. They gained neither collective corporate privileges nor the civic rights of emerging civil societies. To be sure, their juridical equality in the courts of the Holy Roman Empire marked a significant elevation in status. The Court Jews' extensive individual privileges were also an elevation in status, yet only for a miniscule elite. In sum, Jews in the Holy Roman Empire did not keep pace with their brethren east and west, thus making the transition to emancipation, when it came, a painful rupture.Less
This chapter details how the Jews of the Holy Roman Empire constituted the central European region of emancipation. Some historians would contend that the Holy Roman Empire's “archaic, traditionalist constitution created a society that tolerated religious and ethnic differences to a far greater degree than the more centralized states of Western Europe”; in other words, “early modern central Europe was a pluralistic, complex society more tolerant of differences than England, France or Spain.” Whether this observation is accurate or not, it concerns toleration, not parity. Jews in the Holy Roman Empire fell behind Jews to the east and west in their political status. They gained neither collective corporate privileges nor the civic rights of emerging civil societies. To be sure, their juridical equality in the courts of the Holy Roman Empire marked a significant elevation in status. The Court Jews' extensive individual privileges were also an elevation in status, yet only for a miniscule elite. In sum, Jews in the Holy Roman Empire did not keep pace with their brethren east and west, thus making the transition to emancipation, when it came, a painful rupture.
Christine Bell
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199226832
- eISBN:
- 9780191710261
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226832.003.0011
- Subject:
- Law, Public International Law
This chapter demonstrates how peace agreement solutions cannot be understood as a common set of conflict resolution techniques, but must be understood as a distinctive form of constitutionalism. ...
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This chapter demonstrates how peace agreement solutions cannot be understood as a common set of conflict resolution techniques, but must be understood as a distinctive form of constitutionalism. Peace agreements are classically constitutions, with similarities to other forms of constitution and exhibiting their classic dilemmas. However, peace agreements are also distinctive in exhibiting and resolving constitutional law's classic dilemmas in peculiar ways. The distinctiveness of peace agreement constitutionalism is argued to lie in their conceptual hybridity as between international and domestic law, process and substance, and representative and participative democracy.Less
This chapter demonstrates how peace agreement solutions cannot be understood as a common set of conflict resolution techniques, but must be understood as a distinctive form of constitutionalism. Peace agreements are classically constitutions, with similarities to other forms of constitution and exhibiting their classic dilemmas. However, peace agreements are also distinctive in exhibiting and resolving constitutional law's classic dilemmas in peculiar ways. The distinctiveness of peace agreement constitutionalism is argued to lie in their conceptual hybridity as between international and domestic law, process and substance, and representative and participative democracy.
Roger Cotterrell
- Published in print:
- 1997
- Published Online:
- March 2012
- ISBN:
- 9780198264903
- eISBN:
- 9780191682858
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264903.003.0002
- Subject:
- Law, Philosophy of Law
This chapter is concerned with a familiar problem of jurisprudence but transplanted to the context of the sociology of law. The central problem of much of jurisprudence has been that of the ...
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This chapter is concerned with a familiar problem of jurisprudence but transplanted to the context of the sociology of law. The central problem of much of jurisprudence has been that of the definition of law or the specification of the appropriate meaning of the word ‘law’. For a great deal of modern jurisprudence this problem has been virtually identical with that of achieving a scientific understanding of law. For the sociology of law the objectives of specifying a concept of law are often different from — although not indifferent to — the concerns of many jurists. This chapter outlines in general terms some approaches to specification of a concept of law that have characterised modern sociological study of law, considers some of their implications, and suggests reasons why some conceptualisations of law may be more useful to the sociology of law than others. It examines the concept of law in normative legal theory and empirical legal theory, along with juridical monism, juridical pluralism, and state law as the dominant but not exclusive form of law.Less
This chapter is concerned with a familiar problem of jurisprudence but transplanted to the context of the sociology of law. The central problem of much of jurisprudence has been that of the definition of law or the specification of the appropriate meaning of the word ‘law’. For a great deal of modern jurisprudence this problem has been virtually identical with that of achieving a scientific understanding of law. For the sociology of law the objectives of specifying a concept of law are often different from — although not indifferent to — the concerns of many jurists. This chapter outlines in general terms some approaches to specification of a concept of law that have characterised modern sociological study of law, considers some of their implications, and suggests reasons why some conceptualisations of law may be more useful to the sociology of law than others. It examines the concept of law in normative legal theory and empirical legal theory, along with juridical monism, juridical pluralism, and state law as the dominant but not exclusive form of law.
