Intellectual History Commons^™

Rabbi Ishmael, Meet Jaimini: The Thirteen Middot Of Interpretation In Light Of Comparative Law, Daniel A. Klein

Daniel A. Klein

No abstract provided.

Les Codes De Conduite: Source Du Droit Global?, Gregory Lewkowicz

Gregory Lewkowicz

La doctrine récente en théorie et en philosophie du droit examine depuis plusieurs années les transformations du droit dans la mondialisation à partir de l’hypothèse de la formation d’un droit global. Les codes de conduites constitueraient un élément typique de ce droit global naissant.

Confrontés au phénomène massif de multiplication des codes de conduite, considéré comme extérieur au droit, selon la théorie et les critères classiques des normes juridiques, mais qui évolue pourtant en interaction sinon en concurrence avec lui, les auteurs examinent dans cette contribution le problème des rapports entre codes de conduite et sources du droit. Ce problème …

Ratings Contre Etats, Gregory Lewkowicz

Gregory Lewkowicz

Interview of Gregory Lewkowicz on credit rating agencies by I. de Laminne for the newspaper "La Libre Belgique"

La Protection Des Civils Dans Les Nouvelles Configurations Conflictuelles : Retour Au Droit Des Gens Ou Dépassement Du Droit International Humanitaire, Gregory Lewkowicz

Gregory Lewkowicz

In this paper, the development of alternative regulatory tools (codes of conduct, monitoring mechanisms, etc.) dealing with the protection of civilians during armed conflicts is scrutinized in the context of “new wars”. The paper analyses the connections between these alternative regulatory tools and classical international humanitarian law (IHL) instruments. The paper suggests that the profusion of alternative regulatory tools can help to disseminate classical IHL norms and to adapt them to contemporary warfare. The paper also envisages the possibility of a new “lex armorum” emerging from these new regulatory tools and challenging classical IHL.

Tre Giuristi Perugini Cinquecenteschi: Giovan Paolo Lancellotti, Paolo Comitoli, Benincasio Benincasa, Adolfo Giuliani

Adolfo Giuliani

Why did moral theology become such an important source of legal principles in the late 16th century? This paper argues that to begin to understand the pervasive moral transformation of those decades we need first to consider the ways by which those jurists confidently rewrote the boundaries between canon law, civil law and moral theology.
This paper is focused on the three jurists — a civilian, a canonist and a theologian — who shared the intellectual atmosphere of the university of Perugia between 16th and 17th century: Giovan Paolo Lancellotti, Paolo Comitoli and Benincasio Benincasa.
The full-text is available from …

Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic

Sefik Tatlic

Today, we cannot talk just about plain control, but we must talk about the nature of the interaction of the one who is being controlled and the one who controls, an interaction where the one that is “controlled” is asking for more control over himself/herself while expecting to be compensated by a surplus of freedom to satisfy trivial needs and wishes. Such a liberty for the fulfillment of trivial needs is being declared as freedom. But this implies as well the freedom to choose not to be engaged in any kind of socially sensible or politically articulated struggle.

Droits De L'Homme, Droits Du Citoyen: Les Présupposés De La Jurisprudence Américaine Et Européenne, Gregory Lewkowicz

Gregory Lewkowicz

This paper proposes a comparative analysis of some rulings of the US Supreme Court and of the European Court of Human Rights. Reviewing cases related to international legal problems or using comparative legal reasoning, the paper suggests that the difference of attitudes between the two courts in human rights cases is embedded in the classical opposition between men and citizen.

Corégulation Et Responsabilité Sociale Des Entreprises, Gregory Lewkowicz, Ludovic Hennebel

Gregory Lewkowicz

This paper analyses the evolution of corporate social responsibility from an empirical and a theoretical point of view. After having described the framework of a theory of coregulation, the authors scrutinize the main regulatory instruments used in the context of corporate social responsibility. They demonstrate that the evolution of corporate social responsaibility delineates a new regulatory logic peculiar to a globalizing legal world. The paper concludes stating that this logic could be a paradigm for the study of an emerging global law.

What's Wrong With Exploitation?, Justin Schwartz

Justin Schwartz

Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …

The Paradox Of Ideology, Justin Schwartz

Justin Schwartz

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …