Intellectual History Commons^™

El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian M. Mccall

Brian M McCall

Enlightenment And Catholicism In Europe. A Transnational History, Ulrich Lehner, Jeffrey Burson

Ulrich L. Lehner

No abstract provided.

Epilogue: Some Sober Second Thoughts, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.

The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke

Christopher H Hoebeke

Until 1913 and passage of the Seventeenth Amendment to the United States Constitution, US senators were elected by state legislatures, not directly by the people. Progressive Era reformers urged this revision in answer to the corruption of state "machines" under the dominance of party bosses. They also believed that direct elections would make the Senate more responsive to popular concerns regarding the concentrations of business, capital, and labor that in the industrial era gave rise to a growing sense of individual voicelessness. Popular control over the higher affairs of government was thought to be possible, since the spread of information …

The Paradox Of Popular Sovereignty: An Introductory Essay, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.

»A Kőkorszak Metafizikája« És A »Szép Új Világ«: Herbert Hart A Jog Emberképéről [‘The Metaphysics Of The Stone Age’ And The ‘Brave New World’: Hart On The Law’S View Of Man], Péter Cserne

Péter Cserne

This paper analyses H.L.A. Hart’s views on the epistemic character of the law’s assumptions about human behaviour, as articulated in Causation in the Law and Punishment and Responsibility. Hart suggests that the assumptions behind legal doctrines typically combine common sense factual beliefs, moral intuitions, and philosophical theories of earlier ages with sound moral principles, and empirical knowledge. An important task of legal theory is to provide a ‘rational and critical foundation’ for these doctrines. This does not only imply conceptual clarification in light of an epistemic ideal of objectivity but also involves legal theorists in ‘enlightenment’ about empirical facts, ‘demystification’ …

Wilhelm Kroll's Preface To Justinian's Novels: An English Translation, Timothy G. Kearley, David J.D. Miller

Timothy G. Kearley

For the legal historian, the Age of Justinian is nothing short of pivotal. Medievalists and early modernists interested in the so-called reception of Roman law in later times and places must look back to Justinian and his law books, as classicists and historians interested in Roman republican or early imperial law must frequently look forward to them.

Justinian’s law books are, of course, the Digest, the Code, the Institutes, and the Novels (Novellae Constitutiones), which have become known collectively as the Corpus Iuris Civilis (CIC).

It soon becomes clear to those interested in the CIC that the standard modern version …

Wilhelm Kroll's Preface To Justinian's Novels: An English Translation, Timothy G. Kearley, David J.D. Miller

Timothy G. Kearley

Justice Frederick H. Blume, attorney and long-time Justice of the Wyoming Supreme Court, single-handedly translated Justinian's Code and Novels in the early twentieth century. His is the only English translation of the Code to have been made from the Latin version accepted as most authoritative. Using Blume's papers, this article describes, among other things: how Blume created the extensive Roman law library needed for his translation; his approach to translation; and his collaboration with Clyde Pharr on Pharr's "Corpus Juris Romani" series. The article also describes the author's editing and digitization of Justice Blume's translation.

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 …

Monastic Prisons And Torture Chambers. Crime And Punishment In Central European Monasteries, 1600-1800, Ulrich Lehner

Ulrich L. Lehner

Based on archival research and an analysis of early modern monastic canon law, the reader is introduced to how crimes were prosecuted in a monastic setting and how they were punished.

Chartism And The Income Tax, 2013 British Tax Review 192, Stephen Utz

Stephen Gerard Utz

Although the identity of Chartism was bound up with political demands, many in the movement consistently pressed for the repeal of duplicative taxes on consumption and the introduction of even-handed taxation of land, capital and labour. Earlier popular radicals had asked for limited tax relief. Chartist leaders from the outset saw a link between fiscal problems and the democratic deficit prolonged by the Reform Act, insisting that a broader franchise would quickly lead to a broad direct tax. Novel features of their tax agenda emerged as they transformed views first aired in radical attacks on the replacement of workers with …

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"

Agences De Notation: La Solution Se Trouverait Dans Les Banques, Gregory Lewkowicz

Gregory Lewkowicz

Interview of Gregory Lewkowicz on credit rating agencies by Jennifer Nille for the newspaper "L'Echo"

A People's History Of Baseball, Mitchell J. Nathanson

Mitchell J Nathanson

Baseball is much more than the national pastime. It has become an emblem of America itself. From its initial popularity in the mid-nineteenth century, the game has reflected national values and beliefs and promoted what it means to be an American. Stories abound that illustrate baseball's significance in eradicating racial barriers, bringing neighborhoods together, building civic pride, and creating on the field of play an instructive civics lesson for immigrants on the national character. In A People's History of Baseball, Mitchell Nathanson probes the less well-known but no less meaningful other side of baseball: episodes not involving equality, patriotism, heroism, …

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.

Lodge, Henry Cabot, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.

Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng

Sinkwan Cheng

This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …

The Futility Of Campaign Finance Reform: A Historical Perspective, Christopher H. Hoebeke

Christopher H Hoebeke

No abstract provided.

Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke

Christopher H Hoebeke

No abstract provided.

From The Corrupt Few To The Incompetent Many: Questionable Causes And Unintended Effects Of The Direct Election Of Senators, Christopher Hoebeke

Christopher H Hoebeke

, August 31-September 3, 1995.

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 …