Law,Humanity, and Reason: The Chinese Debate,the Habermasian Approach,and a Kantian Outcome

This paper explores the subject-matter of the relationship between law and humanity, filling a significant lacuna in philosophy of law in the West today. Doing so, the paper starts with recasting the traditional Chinese conflict—in particular, the conflict between legalism and Confucianism—over law in a new light of the contemporary call for stopping crimes against humanity. It then explores Habermas’ insight into and illusion of law. Finally, it examines the internal relationship between law and humanity, contending that law must always treat humanity as a purpose, not as a tool to other ends, functioning to build a community of humanity; while a distinction exists between justice and benevolence, law must not be inhumane.     

交感思维：表现、形成机理及其弱化

交感思维是人类一种基础的、直觉的思维方式, 主要基于“交感”的认知模式, 遵循相似律和触染律两个法则。相似律认为果必同因、相似相生, 表面相似的事物共享一些基本特质; 触染律认为事物“本质”可以在物体接触时传递, 事物在脱离接触后仍可以继续发生相互作用。触染效应可以是正面的, 也可以是负面的。交感效应已经在食物厌恶、消费者购物等行为中得到验证。今后研究应拓展交感思维的应用领域, 提出更有效的弱化和抑制方法, 并从意识、记忆、知觉、认知等信息加工层面对其进行深入探讨。     

Law,Ethics, and the Needs of History: Mendelssohn,Krochmal, and Moral Philosophy

Although the role of ethics in modern Jewish thought has been widely explored, major works by foundational philosophers remain largely absent from such discussions. This essay contributes to the recovery of these voices, focusing on the Hebrew writings of Moses Mendelssohn (1729–1786) and Nachman Krochmal (1785–1840). I argue that these texts reveal the existence of a shared ethical project animating these founding philosophical voices of Jewish modernity, and that reconstructing their claims contributes to broader conversations about the relationship between ethics and law. Mendelssohn and Krochmal present Jewish law as addressing needs emerging from the history of moral philosophy—from the modern histories of Platonic and Aristotelian ethics. Moreover, my reading highlights these thinkers’ ongoing relevance, suggesting that their work illuminates the role of law in ethical cultivation.     

Atmospheres of law: Senses,affects, lawscapes

In this article, I deal with airs and sounds and scents, while keeping an eye on the law. My field of enquiry is the interstitial area between sensory and affective occurrences, namely sensory experiences that are traditionally thought to be a causal result of external stimuli, and affective experiences that are mostly associated with emotional changes and generally allude to something internal. I am arguing that there is no constructive difference between internal and external origin of occurrences. In its stead, I suggest the concept of atmosphere, namely an attempt at understanding affective occurrences as excessive, collective, spatial and elemental. However, it quickly becomes apparent that an atmosphere is legally determined. The law controls affective occurrences by regulating property of sensory stimulation. At the same time, the law guides bodies into corridors of sensory compulsion – an aspect of which is consumerism in capitalist societies. The law achieves this by allowing certain sensory options to come forth while suppressing others, something which is particularly obvious in cases of intellectual property protection that capture the sensorial. I deal with the law in its material, spatial manifestation and in particular through what I have called the ‘lawscape’, namely the fusion of space and normativity. I employ a broadly Deleuzian methodology with insights from radical geography, affective studies, and urban and critical legal theory in order to develop and link the various parts of the text.     

试论《淮南子》对"法"、"德"、"风俗"的糅合

在《淮南子》糅合“法”、“德”、“俗”的治道思想中,蕴涵了“反秦／袭秦”（对“法”的改良）、“倡道德／斥礼乐”（对“德”的期待）并存的内在特质,同时,还对风俗在民间社会中的教化、规范功能有着充分的认识。     

Dispositions,explanation, and behavior 1

According to the theory of dispositions here defended, to have a disposition is to have some (non‐dispositional) property that enters into a law of a certain form. The theory does not have the crucial difficulty of the singular material implication account of dispositions, but at the same time avoids the unfortunate notion of ‘reduction sentences’. It is further argued that no dispositional explanation is one of the covering‐law type; but the theory shows how, for any dispositional explanation! To construct a potential explanation of the covering‐law type. The theory can also be applied fruitfully to human behavior, especially with respect to the issues of reasons and causes and of’ rational’ explanation. The success of the applicability of this theory of dispositions is further evidence of its adequacy.     

Idealized laws,antirealism, and applied science: A case in hydrogeology

When is a law too idealized to be usefully applied to a specific situation? To answer this question, this essay considers a law in hydrogeology called Darcy's Law, both as it is used in what is called the symmetric-cone model, and as it is used in equations to determine a well's groundwater velocity and hydraulic conductivity. After discussing Darcy's law and its applications, the essay concludes that this idealized law, as well as associated models and equations in hydrogeology, are not realistic in the sense required by the D-N account. They exhibit what McMullin calls mathematical idealization, construct idealization, empirical-causal idealization, and subjunctive-causal idealization. Yet this lack of realism in hydrogeology is problematic for reasons unrelated to the status of the D-N account. These idealizations are also problematic in applied situations. Their problems require developing two supplemental criteria, necessary for their productive application.     

Suicide and violence risk in law enforcement: practical guidelines for risk assessment, prevention, and intervention.

Research and anecdotal reports indicate that suicide and violence risk may be higher among members of law enforcement than those in other occupational categories. This article examines the phenomenon of suicide and violence risk within this population, and law enforcement cultural variables that may contribute to elevated risk. Suicide and violence risk factors and clues unique to law enforcement are described, as are intervention approaches which may be helpful to managing and reducing risk.     

Money Pumps,Incompleteness, and Indeterminacy

In an alleged counter‐example to the completeness of rational preferences, a career as a clarinettist is compared with a career in law. It seems reasonable to neither want to judge that the law career is at least as preferred as the clarinet career nor want to judge that the clarinet career is at least as preferred as the law career. The two standard interpretations of examples of this kind are, first, that the examples show that preferences are rationally permitted to be incomplete and, second, that the examples show that preferences are rationally permitted to be indeterminate. In this paper, I shall argue that the difference between these interpretations is crucial for the money‐pump argument for transitivity, which is the standard argument that rational preferences are transitive. I shall argue that the money‐pump argument for transitivity fails if preferences are rationally permitted to be incomplete but that it works if preferences are rationally permitted to be indeterminate and rationally required to be complete.     

Personality, person, subject in Russian legal philosophy at the turn of the twentieth century

The problem of the legal person is a central issue in legal philosophy and the theory of law. In this article I examine the semantic meaning of the concept of the person in Russian philosophy at the turn of the twentieth century, considered to be the “Golden Age” of Russian legal thought. This provides an overview of the conception of the personality in the context of different legal approaches (theory of natural law, legal positivism, the psychological legal doctrine, and the sociological school of law). I indicate a polemic among the theories of the person and attempts to create an integral concept of the legal subject. In addition I present an analysis of the relation between the concepts of the legal subject and the moral person, which personify fundamental features of law and morality. In order to demarcate the notions of individual and the legal subject, I focus on doctrines of the artificial person or the juridical person.     

Causation, Liability and Toxic Risk Exposure

ABSTRACT Persons injured as a result of exposure to toxic or carcinogenic substances are seldom able to recover damages from those who are responsible for the exposure. Tort law requires proof of causation, and causation is often unprovable because of long latency periods, because of the relative infrequency of the injuries and because many of the injuries among the exposed population are the result of other factors. A number of proposals for modifying the legal causation requirement to allow those who create hazardous risks to be held liable for the injuries that materialise are considered and found inadequate. A proposal to treat risk exposure itself as an injury for which compensation under private law is possible is also considered and ultimately found incoherent. The paper concludes by arguing for a public law solution, modelled on criminal law, but providing compensation for victims.     

Commodification in law: ideologies,intractabilities, and hyperboles

In this paper I first aim to identify, from a perspective mindful of both analytic and Continental traditions, the central normative issues at stake in the various debates concerning commodification in law. Although there now exists a wealth of thoughtful literature in this area, I often find myself disoriented within the webs of moral criteria used to analyze the increasingly ubiquitous practice of converting legal goods into monetary values. I therefore attempt to distinguish and organize these often conflated conceptual distinctions across several registers of moral analysis. Second, I formulate what I consider the most illuminating questions regarding the criteria used to evaluate commodification in law. Critiques of commodification in law face what I call problems of ideology, intractability, and hyperbole, and identifying these issues helps to explain the momentum of the law and economics movement.

Seeing Small,Seeing the Future

The Role of Science in Law by Feldman analyzes the vexed relationship between science and law. The book provides a good overview on the ongoing debate on the topic, but the author's attempt to suggest a guideline for the conflict between science and law falls short of any satisfactory conclusion.     

Crime, Prohibition, and Punishment

Nigel Walker's first principle of criminalization declares that 'Prohibitions should not be included in the criminal law for the sole purpose of ensuring that breaches of them are visited with retributive punishment'. I argue that we should reject this principle, for 'mala prohibita' as well as for 'mala in se': conduct should be criminalized in order to ensure (as far as we reasonably can) that those who engage in it receive retributive punishment. In the course of the argument, I show why we should not see the criminal law as consisting in 'prohibitions'; I explain different species of mala prohibita, and show how their commission does involve genuine wrongdoing; and I show the importance of distinguishing the question of regulation from that of sanction.     

The evolution of the primates: Anglicanism,primacy and conciliarity

Contemporary debate about the relationship between civil and religious law, highlighted by the Archbishop of Canterbury's 2008 lecture on ‘Civil and Religious Law in England’, prompts a reassessment of the place of ius divinum in the understanding of the nature of law. This article questions the assumption of modernity that there is no place for divine law, and briefly surveys the different role played by divine law in Judaism, Islam and Christianity. It examines the contrasting Christian perspectives of Aquinas and Duns Scotus, which leads to a critique of the relationship between personal welfare and the common good. Since, in the context of post-modernism, questions related to divine law are once again being addressed, the article criticises aspects of a fundamentalist approach to it in both Islam and Christianity. It argues that, from a Christian perspective, the personal truth of Jesus Christ embodies the place where the divine freedom comes into relation with human freedom. It concludes that in reflecting on a common praxis for humanity, it is this embodied relationship which provides the basic perspective for practitioners of canon law to contribute in a significant way to the debate now gathering momentum.     

Mentoring,job satisfaction,gender, and the legal profession

We examine the prevalence of mentoring among lawyers and the effect mentoring has on their employment situations, with special attention to gender differences. The data come from a 1989 cross-sectional survey of 1132 Georgia lawyers (80% white and 18% black). No significant difference in having mentors was found across racial categories. Results initially show female lawyers are more likely than males to have mentors, but this is due to gender differences in type of law practice and position in them; among associate-level lawyers in law firms there is no gender difference in having a mentor. Having a mentor improves lawyers' job satisfaction; and the size of this benefit is the same for both sexes.A revision of a paper presented at the 1992 annual meeting of the Southern Sociological Society, New Orleans, Louisiana, April 12.     

无知、自由与法律

哈耶克从对无知的顿悟中洞见了自由特别是个人自由对于个人和社会发展与进步的必要性。而法律则构成了实现和保证这种自由的充要条件。因此,法律与自由具有同等价值。哈耶克对自由与法治的价值的注重和执着,既推动了人类认识的发展与进步,同时也给那些正在实践或追求自由与法治的社会留下警省和启示。     

Good governance,law and social reality: Problematic relationships

This article examines the ways in which the linkage between good governance and economic development has originally developed as alegal discussion constrained by the constitution of the World Bank. This normative character of the linkage has subsequently shaped discussions about good governance. It is here argued that this tends to lead these discussions to focus on selective and normative aspects of the interrelations between economic, political and legal-administrative structures and institutions. While the role of law is increasingly acknowledged in more recent debates and policy statements, law tends to be approached from a normative economic or legal perspective that does not provide much insight into the social significance of law. Too little attention is given to anthropological or sociological approaches to legal pluralism in society. These factors combine to detract attention from the fact that governance issues in reality deal withbad rather than with good governance. Franz von Benda-Beckmann is professor in the department of Agrarian Law of the Agricultural University Wageningen and teaches on law and rural development in Third World states and anthropology of law. He holds a doctorate in law and aHabilitation in anthropology. His primary research interests are issues of property rights and social security in rural development, legal pluralism and legal anthropological theory. This is a revised version of a paper presented in the 1993 RAWOO (Advisory Council for Scientific Research in Development Problems) lecture series.     

The injustice of excluding laboratory rats, mice, and birds from the Animal Welfare Act

A major shortcoming of the Animal Welfare Act is its exclusion of the species most-used in experimentation -- rats, mice, and birds. Considerations of justice dictate that extension of the law to these three species is the morally right thing to do. A brief history of how these species came to be excluded from the laws protecting laboratory animals is also provided, as well as discussion of the implications and significance of expanding the law.     

Shame,Stigma, and Disgust in the Decent Society

Would a just society or government absolutely refrain from shaming or humiliating any of its members? “No,” says this essay. It describes morally acceptable uses of shame, stigma and disgust as tools of social control in a decent (just) society. These uses involve criminal law, tort law, and informal social norms. The standard of moral acceptability proposed for determining the line is a version of perfectionistic prioritarian consequenstialism. From this standpoint, criticism is developed against Martha Nussbaum’s view that to respect the dignity of each person, society absolutely must refrain from certain ways of shaming and humiliating its members and rendering them objects of communal disgust.