Topoi in Summa: Virtual Justice as Determinant for Aquinas’ Placement of Law

This study shows the spatial juxtaposition and separation of topics regarding law in Thomas Aquinas’ Summa theologiae. These topics are his treatise on legal structures among morals in its part I-II, and his treatise on legal justice among virtues in its part II-II. This difference in the topics’ placements requires mediation by the virtuality of law, in order to grasp the distances and bridges between the two treatments of law.     

莱奥纳多·达·芬奇的观察方式辨析——从E．H．贡布里希对莱奥纳多《绘画论》的质疑谈起

英国著名艺术史家贡布里希在他的论文<莱奥纳多论绘画科学>中对莱奥纳多·达·芬奇的<绘画论>进行了分析,认为莱奥纳多并不像数百年来多数学者认为的那样有着"惊人的观察力".其实,贡布里希在文中举例证明莱奥纳多在绘画方面的一些观点是不切实际的,莱奥纳多对自然的观察力是不可否认的.     

Point blank against itself: Evidence and inference about guns,crime, and gun control

This essay considers the empirical foundations for some of the more important and controversial conclusions concerning guns, crime, and gun control advanced in Gary Kleck’s highly influential treatise,Point Blank. We reveal significant flaws in his original data analyses and identify problematic linkages between his evidence and his inferences. We suggest alternative interpretations for some of Kleck’s findings.     

Kamalaśīla on Doubt as the Cause of the Activity of Reading

As Funayama has shown, Dharmakīrti’s successors had an animated discussion on the nature and function of the initial statement (ādivākya) of scientific treatises in terms of its effectiveness and requisites. Arca?a (8th c.) in his comments on the initial statement of the Hetubindu considers that the initial statement, which contains the purpose (prayojana) of the treatise, is useless in prompting people to undertake the activity (prav?tti) of reading the treatise because judicious people are supposed to undertake action only due to certainty (ni?caya) which never arises from something that is not a pramā?a. For Arca?a, the initial statement is set forth only to dispel the objection of an opponent who criticizes the treatise for not having a purpose. Kamala?īla (8th c.) criticizes Arca?a on this point; for him the initial statement is effective to prompt people to undertake the reading of the treatise because people act also on the basis of doubt (sa??aya), which arises from the initial statement that is not a pramā?a but an abhyupāya for action. This paper attempts to consider how such doubt can cause reading by examining the debate in the Tattvasa?grahapañjikā and related texts. As Kamala?īla presupposes, when people act due to doubt, they may attain the desired purpose by chance but cannot escape the risks of not attaining an desired purpose and also of attaining an undesired purpose. Taking these risks into consideration, it is reasonable for Granoff to take up Kamala?īla’s position as an example of the maxim of kākatālīya in the introduction of her paper in the present volume. However, the probability for the readers of the Tattvasa?graha to achieve easy comprehension of tattva as a result of reading a full treatise, which they undertake due to doubt out of the initial statement, is higher than that for a crow being suddenly killed by a falling palm-fruit. According to Kamala?īla, the risk of not attaining the desired purpose does not prevent people from reading because such fear equally occurs in activities based on certainty. Furthermore, there is no risk of attaining an undesired purpose from the treatise because authors are supposed to undertake action only for the sake of others. Therefore, doubt which arises from an abhyupāya can make people undertake action.     

The legal education of British Army officers, 1860–1923

Abstract

Most of the published works of Petrus Gudelinus (1550–1619), professor at the Louvain Civil Law Faculty, concern the public law. In his ‘commentaries’ on the Novellae and the Libri feodorum, he did not limit himself to the learned law and classical examples but also discussed the laws and customs of his own days. The same is true of his little-known De jure pacis commentarius, which, though formally presented as a commentary on the Pax Constantiae from the Authenticum, is a treatise on issues from current peace-treaty practice. In the most interesting part, Gudelinus addresses the problem of private property and compensation for damages. On this point, his work is more concurrent with contemporary practices than Grotius’ De jure belli ac pacis libri tres (1625).     

Wiping the Slate Clean: Reforming Scots Law's Approach to Evidence of the Accused's Bad Character

This paper discusses the Scottish Law Commission (SLC)'s Report on Similar Fact Evidence and the Moorov Doctrine, which proposes revolutionary changes to the way in which Scots law deals with evidence of the accused's bad character, including his previous convictions. The article sets these proposals in context by explaining the existing Scots law, and comparing it to the English provisions on bad character evidence contained in the Criminal Justice Act 2003. This comparison reveals similarities between the responses of the two jurisdictions. It is remarkable that the SLC did not consider English law to be a viable model for reform, choosing instead to propose legislation which would simply deem certain pieces of bad character evidence relevant in criminal trials. The second part of the paper explains why these proposals should not be implemented.     

引领人民向自由前进的航标——浅评卢梭的《社会契约论》

卢梭的《社会契约论》既是一部政治学著作,又是一部法学著作,是世界思想史上的重要古典文献之一。本文即从它的历史背景出发,对其"自由与平等"的目标、性质以及"主权在民"的重要思想进行了浅显的评析。     

U. Vē. Cāminātaiyar and the Construction of Tamil Literary “Tradition”

U. Vē. Cāminātaiyar (1885–1942) is arguably one of the most influential figures of the so-called “Tamil Renaissance” of the nineteenth and early twentieth centuries; his work has profoundly shaped the study of Tamil literature, both in India and the Euro-American academy, for more than a century. Among his many literary works is a long and incomplete autobiographical treatise known as Eṉ Carittiram, literally “My Life Story,” initially published in 122 installments between 1940 and 1942. What little scholarly attention this fascinating autobiographical narrative has received thus far has largely read the text as an artless, transparent documenting of South Indian literary culture in the late nineteenth century. Yet the text reveals substantial rhetorical art on close reading. Greater attention to Cāminātaiyar’s specific context and probable concerns when composing (and publicly publishing) Eṉ Carittiram suggests alternative ways of reading Tamil literary history and those texts that he first made widely available.     

Marriage and household in the Belgrade elite at the beginning of the 20th century: The Novaković family

Building on Ahmad ibn Yusuf b. al-Qadi al-Timbuktawi's treatise entitled Hatk al-Sitr Amma Alayhi Sudani Tunis min al-Kufr (Piercing the Veil: Being an Account of the Infidel Religions of the Blacks of Tunis) this paper examines the implications of the Hausa non-Muslim Bori cult practice in Ottoman Tunis on enslaved West Africans' retentions of religious and family values from their original homelands. Specifically, the paper traces and analyses the evolution of Bori cult practice in the Tunisian milieu and places it in its proper historical and diasporic contexts. To this end, the paper goes beyond questions that are not central to al-Timbuktawi's condemnation of the enslaved West African community of Tunis, but which nonetheless attracts the attention of scholars interested in the diasporic and historical significance of Bori cult practice in the Maghreb.     

Apology and Retraction: Questioning Fundamentals: Leyland Daf and the “Ownership” of Charged Property

Forward Links to Citing Articles

Retraction . Modern Law Review 67: 5, 832‐843 .
Online publication date: 1‐Sept‐2004. The note entitled ‘Questioning Fundamentals: Leyland Daf and the “Ownership” of Charged Property’, 1 which appeared in the September issue of the Review has, through the sole fault of the author, failed to acknowledge the use of an article written by Dr Riz Mokal entitled ‘Liquidation Expenses and Floating Charges: The Separate Funds Fallacy’ 1 posted on the SSRN Electronic Library in April 2004. Any views that appear similar between these articles belong to Dr Mokal. It is sincerely hoped that Dr Mokal will accept this apology for the lapse in properly acknowledging his views.     

Reformation,Regulation and the Image: Sumptuary Legislation and the Subject of Law

This article considers the development of the individual subject of law and his constitutional status in the early modern English State, within the context of sumptuary legislation enacted by the Crown and the Inns of Court. During the sixteenth century, the legal community took upon itself the role of exemplifying the correct use of symbols and of elucidating the purpose of sumptuary law. The image of the lawyer was manipulated to represent the inherent divinity of common law. The reformation of the image was inevitably influenced by the doctrinal concepts of the European Reformation and is a graphic indication of the centrality of Anglicanism to the development of early modern common law. I discuss these developments with reference to theories of the image proposed by Goodrich, Legendre and Marin. I refer also to Carlyle's satirical treatise on the symbolism of clothes,Sartor Resartus. The constitution of clothes represents the idea of citizenship and the centrality of reason to the body-politic. The rediscovery of classical texts during the Renaissance was instrumental in shaping a constitution in which an embryonic social contract was apparent, as represented in the sumptuary legislation of the Inns of Court. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Perversions of History: Constitutionalism and Revolution in Burke’s <Emphasis Type="Italic">Reflections</Emphasis>

Edmund Burke’s Reflections on the Revolution in France is one of the defining texts in the history of English constitutional thought. It is conservative in its overt defence of England’s ancient constitution, and in particular the twin bulwarks of Church and Crown. In more immediate terms, it was written against those who appeared to sympathise with the principles of the French revolution, men such as Joseph Price and Tom Paine. But the true ‘genius’ of Burke, as Wordsworth famously noted, does not lie in the surface defence of traditional conservative institutions and principles. It lies, rather, in an appreciation that constitutions are aesthetic expressions, their vitality dependent upon the strength of the political imagination which they strive to shape and to nurture. What is truly distinctive about Burke’s Reflections accordingly is that it was written as a poetic as much as a political treatise. The purpose of this essay is to explore this genius and this poetic.     

Machiavelli at 500: From Cynic to Vigilant Supporter of International Law

Machiavelli's 500‐year‐old treatise The Prince outlined the central features of the realist tradition in international relations. His premises led him to question the likelihood of efficacious and stable international law and international courts, a skepticism that has present‐day proponents. Machiavelli's reluctance was due to a combination of features of human nature and a focus on anarchic features of the relations among states. This article challenges these assumptions and implications: Other interpretations of human nature are closer to Machiavelli's text, and current relations among states are significantly different. The revised assumptions should make Machiavelli's followers more optimistic about international law and international courts.     

析共同正犯的几个问题

共同正犯理论是刑法理论的一个重要组成部分。根据我国的立法实际,采用形式的客观说来界定共同正犯的概念更为可取。就共同正犯的性质而言,它是介于正犯与共犯之间的中间类型,既有正犯的属性也有共犯的属性。按照不同的标准,可以对共同正犯作不同的分类。其中相互的共同正犯与附加的共同正犯、累积的共同正犯与择一的共同正犯等共同正犯类型,我国学者研究较少,应予重视。     

Navya-nyāya in the Late Vijayanagara Period: Appaya Dīkṣita’s Revision of Gaṅgeśa’s īśvarānumāna

Journal of Indian Philosophy - In his celebrated treatise of Navya-nyāya, the Tattvacintāma?i, Ga?ge?a offers a detailed formulation of the inference of God’s...     

Schauer's Anti‐Essentialism

In his new book, The Force of Law, Frederick Schauer maintains that law has no necessary properties (a position he calls legal anti‐essentialism), and that therefore jurisprudents should not assume that an inquiry into the nature of law has to be a search for such properties. I argue, however, that Schauer's attempt to show that legal anti‐essentialism is a defensible position fails, because his one main argument (the cognitive science argument) is either irrelevant or else incomplete, depending on how one understands it, and because the other main argument (the family resemblance argument) is false.     

INVENTING CRIMINOLOGY: THE “SCIENCE OF MAN” IN CESARE BECCARIA'S DEI DELITTI E DELLE PENE (1764)*

This paper challenges existing images of the context and object of Cesare Beccaria's (1764) Dei delitti e delle pene . It offers textual and other evidence that the chief object of Beccaria's famous treatise was the application to crime and penality not of humanism and legal rationality, as convention holds, but of the Scottish-inspired “science of man.” This latter was a deterministic discourse whose key principles—utilitarianism, probabilism, associationism, and sensationalism—implicitly defy, conventional assumptions about the volitional basis of classical criminology. The paper thus questions Dei delitti's proper place in the history of criminology and, in so doing, casts doubt on the very existence of a distinctive “classical criminology.”