Law & Humanities Blog


Faith, Beliefs, the "New Atheists" and Law

Posted: 30 Apr 2011 03:25 PM PDT

Iain T. Benson, University of the Free State, Faculty of Law, South Africa, and Miller, Thomson, has published Unexamined Faiths and the Public Place of Religion: Emerging Insights from the Law, at Acta Theologica 2011 Suppl: 14: 1-19.  Here is the abstract.
 

The article examines certain key terms, such as "beliefs" and "faith" and how these are understood in relation to the public sphere. It examines some writings of recent popularist authors such as Richard Dawkins and Christopher Hitchens and is critical of the authors' claims that they do not have faith or beliefs. Drawing on legal decisions in Canada and South Africa the article suggests that this sort of terminological looseness has legal and political implications when it comes to whether or not beliefs of all sorts (religious and non-religious) are treated fairly in the public sphere.
Download the article from SSRN at the link.


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Medical Humanities Blog


On Bad Science & Bad Law: Psychiatry and Involuntary Civil Commitment in American Law

Posted: 29 Apr 2011 08:16 PM PDT

Samantha Godwin (University College London & Georgetown Law) has posted a paper on SSRN entitled Bad Science Makes Bad Law: How Deference Afforded to Psychiatry Undermines Civil Liberties.  Like most papers on SSRN, it is available full-text, open access.  Here is the Abstract:

Courts and lawmakers trust psychiatric expertise when making judicial and public policy decisions concerning mental health, but is this trust well placed? This paper adopts a philosophy of science approach informed by medical research to evaluating the validity of psychiatric classification. This provides the basis for an interdisciplinary critical analysis of civil commitment law and use of psychiatric expert witnesses in light of legal evidence standards. This analysis demonstrates that involuntary civil commitment as it now stands is incompatible with broader due process and civil rights concerns and affords an unjustifiable evidentiary status to psychiatric diagnosis.

The paper is recommended.

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UCL Centre for Digital Humanities


The week in digital humanities events at UCL

Posted: 29 Apr 2011 03:00 AM PDT

The following two digital humanities events will take place at UCL during the week of 2 to 6 May, all of which are free and fully open to the public: Thu, 5 May 2011, 18:30: Daniel Miller (UCL Anthropology) will launch his book 'Tales from Facebook' [YouTube intro], at the UCL Department of Anthropology, 14 Taviton [...]
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Law & Humanities Blog


The Civil War and American Literature

Posted: 28 Apr 2011 08:09 AM PDT

Randall Fuller explains the effect of the Civil War on American lit in From Battlefields Rising: How the Civil War Transformed American Literature (Oxford University Press, 2010). According to a recent Boston Globe review, the author

reminds us that the 1860s featured as talented a cohort of American writers as any decade could ask for — authors now known and loved by only their last names: Whitman, Emerson, Hawthorne, Dickinson, and Melville. Fuller carefully details how these writers experienced the war in their daily routines, their family lives, and their interlocking friendships.




What this group portrait reveals is that, while the Civil War may not have led to any lasting works of literature, it had a profound impact on the most important writers of its era. The war changed what they believed and how they wrote. After the shots at Fort Sumter, the North came quickly and patriotically together — "flush'd in the face," in Whitman's words, "and all its veins fiercely pulsing and pounding." But Fuller suggests that Whitman and his literary cohort soon became uncomfortable with this kind of certainty, even though they had played a large part in putting that certainty into place. America's first generation of great writers began experimenting with new literary forms, and began questioning their most dogmatic assumptions about the morality and effects of war.
More here.




Illusion and Critique At the Beginning of the Twenty-First Century

Posted: 28 Apr 2011 07:55 AM PDT

Igor Stramignoni, London School of Economics, Law Department, has published Illusion and Betrayal: The City, the Poets, or an Ethics of Truths? in volume 7 of the Utrecht Law Review (2011). Here is the abstract.



A nagging feeling of great expectations turned sour is in the air, at least at this end of the globe. The illusion appears to have been twofold. Those liberals who after the Cold War had imagined finally to see the Western city win over competing forms of self-regulation, self-reproduction, and homeostasis can no longer fail to see how, by the time the twenty-first century has commenced, democracy and the rule of law, the West's own blueprint for living together, have lost some of their lustre, when they have not been bluntly rejected. Those amongst the poets who, by contrast, had argued all along that another world was possible or, alternatively, that democracy and the rule of law could at most be promised or tendered rather than fully achieved or imposed, sometimes today worry whether in the process they may not have become somewhat problematically fixated with what in the age of mass culture and information technology might be a potentially self-defeating aesthetics of the Other.
Alain Badiou's Platonism of the multiple and, specifically, his ethics of truths invite us to consider whether the widespread sense of disappointment and closure which follow from such an unsatisfactory situation should not be grasped as a figure of nihilism, specifically as a figure of 'betrayal', and whether, on the other hand, what is required may not be discernment, courage, and caution and to remain alert to the possible occurrence of new signal events. Thus to a poetics of illusion and of consequent disappointment Badiou prefers an ethics of truths which starts from the obvious existence of certain generic truths and yet is never closed-off to the invention of new ones. As presented, Badiou's ethical proposal is far from being fully developed and it is bound to be contentious. And yet it does contribute to a unique and powerful critique of current events as they ceaselessly appear on the horizon of a more interconnected world, specifically a critique which purports to offer a more affirmative, and even optimistic, message than many competing analyses of democracy and the rule of law.Download the article from SSRN at the link.

The Development of National Identities

Posted: 28 Apr 2011 08:04 AM PDT

Hannibal Travis, Florida International University College of Law, has published On the Existence of National Identity Before 'Imagined Communities': The Example of the Assyrians of Mesopotamia, Anatolia, and Persia. Here is the abstract.


Studies on nationalism and the emergence of modern ethnic identities rarely examine sources dating from the period 0 CE (A.D.) and 1453 CE, or the period between the fall of the Neo-Assyrian Empire in the mid-first millennium CE and the Age of Discovery in the mid-second millennium CE. Testing generally accepted theories of national and ethnic distinctiveness against these sources reveals that a similar case exists for the existence of an Assyrian identity and/or nation as for a Greek, Kurdish, Jewish, or Persian identity or nation. Assyrian populations, religions, and political formations survived in present-day Iraq, Iran, and Turkey from 0 CE well into the 1800s CE.



Commentators on modern nationalism in relation to Assyrian identity have assumed, with little evidence, that the non-Arab, non-Jewish peoples of the East lacked the agency or the intellect to maintain a consistent identity, and that these peoples relied in their ignorance and indolence concerning their own identities on the theories of Western missionaries and colonial officials. After a long tradition of historical and cultural work assumed nations and peoples as subjects of analysis without critically examining the linguistic, cultural, or religious foundation of these groups of individuals or families, a new generation of scholars emerged who questioned this approach by positing that nations and peoples emerged in conjunction with modern capitalistic cultural forms and secular nationalistic liberalism. This theory, however, has the risk of degenerating into a vulgar instrumentalism, which assumes that identity entrepreneurs can manufacture ethnic, racial, or religious identity for their own purposes and little objective foundation. Thus, more recent studies point out the flaws in grounding national and ethnic distinctions in modern nationalism by compiling evidence that nations and peoples perceived themselves and were perceived by other collectivities as such long before the rise of European humanism or the Enlightenment.



This study attempts to show that the longevity and diversity of national and ethnic distinctions undermines a one-size-fits-all explanation such distinctions in the manner of Benedict Anderson's "Imagined Communities." The evidence from the Assyrian case suggests that the undifferentiated hordes of Asia did not coalesce and order themselves in modern times and under Western influence into nations created and sustained by advanced technology. This "Imagines Communities" narrative suffers from hindsight bias and an exaggerated Eurocentrism. It also insults and infantilizes the peoples and nations of premodern eras and non-Western regions by assuming they lacked the intelligence with which modern Europeans constructed national cultures, laws, literatures, schools, and economies. Historians have long since disproved such ideas.



By examining translations of and academic commentary on Aramaic, Greek, Roman, and Persian literature and inscriptions, among other sources, this Essay demonstrates that the British Empire invented neither the modern Assyrians as a people, nor the territory of modern Assyria that was considered for statehood by the League of Nations after World War I. Rather, the identification of present-day northern Iraq, northwestern Persia, and southeastern Turkey as "Assyria" draws support from the Middle Assyrian and Neo-Assyrian usage of the second and third millennia BCE, and the Greek, Roman, Persian, and Aramaic usage in the first millennium CE. Finally, the contribution of ancient Assyria to the cultures, languages, and religions of the non-Muslim populations of contemporary Iran, Iraq, and Turkey, especially Assyrian Christians, Mandaeans, and Yezidis, may no longer be doubted. This contribution is present in these peoples' daily vocabularies, place-names, and indigenous beliefs.
Download the paper from SSRN at the link.
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Law & Humanities Blog


Staging Science

Posted: 27 Apr 2011 12:30 PM PDT

Stephen Hilgartner, Cornell University Department of Science and Technology Studies, has published Staging High-Visibility Science: Media Orientation in Genome Research in The Sciences' Media Connection--Public Communication and Its Repercussions: Sociology of the Sciences Yearbook 152 (S. Roedder, M. Franzen and P. Weingart eds.; Springer 2011). Here is the abstract.



The medialization concept was developed using differentiation theory and has been applied analytically at the level of systems. This paper develops a complementary perspective for considering medialization that focuses on media orientation as it is expressed in interaction. How do individual scientists or science-intensive organizations manifest an orientation to the media? In what ways, and how intensely, does the media fit into their activities? To address these questions, the paper develops a framework that conceptualizes media orientation as a specific form of what Erving Goffman calls "theatrical self-consciousness." The tools of dramaturgical analysis are brought to the staging of science, providing a vocabulary for exploring science-media coupling not as connections between abstract systems but as strategic interaction. The focus on theatrical self-consciousness casts a spotlight on questions about precisely what actors seek to make visible to whom and when. An ethnographic study of genome research during the Human Genome Project provides data. The paper examines interactions surrounding a specific episode: the announcement that a private firm, Celera Genomics, intended to sequence the human genome before the public project could. The analysis provides a look at the specific and varied ways in which members of a particular research community related to the media. The conclusion distinguishes among four facets of media orientation (the actor as performer, as audience, as commentator, and as builder of media relations infrastructure). Finally, it notes some possible methodological implications.
The full text is not available from SSRN.

A Review of David Gurnham's "Memory, Imagination, Justice"

Posted: 27 Apr 2011 12:27 PM PDT

Julia J. A. Shaw, De Montfort University, has published A Review of Memory, Imagination, Justice: Intersections of Law and Literature by David Gurnham. Here is the abstract.


Memory, Imagination, Justice: Intersections of Law and Literature is a highly-recommended read. It has several merits in that it not only offers a useful wide-ranging reference point for academic and practising lawyers, philosophers and sociologists, it also provides a provocative and engaging addition to the existing body of literary jurisprudence.
Download the review from SSRN at the link.

Evaluating International Tribunals

Posted: 27 Apr 2011 12:23 PM PDT

Richard Ashby Wilson has published Humanity's Histories: Evaluating the Historical Accounts of International Tribunals and Truth Commissions. Here is the abstract.


Since the trials of high-ranking Nazi war criminals in Nuremberg during 1945-1946, commentators have been asking whether courts are the best place to write a history of war crimes and crimes against humanity. This debate gained momentum during the 1961 Eichmann trial in Israel and the Holocaust trials in France in the 1970s and 1980s, and took on new relevance during the wave of democratizations in Africa, Latin America and Eastern Europe in the 1980s and 1990s. During the 1990s, the United Nations and major donor governments adopted official policies stating that the task of writing a new official history was central to facilitating both co-existence and accountability after authoritarianism and violent conflict, and they promoted new institutions such as truth and reconciliation commissions to fulfill this undertaking. Now it is time to critically evaluate this range of institutions and ask: have international tribunals or commissions of inquiry actually provided significant insights into the origins and causes of political violence? How might states or international institutions document human rights violations in a way that is comprehensive and engages in a meaningful reckoning with the past?
Download the paper from SSRN at the link.
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Medical Humanities


Centre for Medical Humanities at Durham

Posted: 26 Apr 2011 04:07 AM PDT

The Centre for Medical Humanities at Durham University has a great blog, giving notice of medical humanities events but also offering reflections on the relationship between medicine and broader concepts of health.
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Law & Humanities Blog


Pacificism In Popular Culture

Posted: 26 Apr 2011 10:50 AM PDT

Hannibal Travis, Florida International University College of Law, has published Postmodern Censorship of Pacifist Content on Television and the Internet, in volume 25 of the Notre Dame Journal of Law, Ethics, and Public Policy (2011). Here is the abstract.


This Essay, a contribution to a symposium on censorship and the media, explores the legal history of the censorship of antiwar speech. It devotes particular attention to postmodern techniques for chilling the production of pacifist content, or reducing the total output of it. Pacifist speech is defined broadly, as speech advocating peaceful alternatives to war or militarism, articulating doctrines or principles which urge forswearing war or violence in international disputes, or expressing reasons to oppose specific military episodes or entire wars.



A fundamental assumption of democratic governance is that the public keeps informed of important news and points of view by exposure in the press, whether print or electronic. Yet the public is often denied complete information by governments and private media conglomerates acting in close concert. While legal scholars frequently condemn direct censorship by the federal government, they too often neglect the extent to which private parties may be mobilized by the government to foment false beliefs and propagate misleading portraits of vital public policy issues.



This Essay explores postmodern censorship of pacifist expression. Postmodern censorship is distinguishable from its pre-modern or modern counterparts by its immaterial, seemingly nonviolent ways of watching and influencing apparently private activity, in contrast to a modern way of censoring speech by using violence as an ostentatious tyrant would. While still sculpting citizens' beliefs and behaviors, postmodern power applies itself to private technologies and the enjoyment of what seems to be leisure time or tools such as television or radio. Postmodern regulation directs itself at privatized implementation of governmental objectives, including the lies and crimes of governments. It simulates real events in spectacles of illusion and artifice. In the postmodern era, everything is increasingly artificial, real events are excluded from the public spectacle, and the meaning of words and concepts is lost.
Download the article from SSRN at the link.

Adam Smith's Views on International Law and International Relations

Posted: 26 Apr 2011 08:09 AM PDT

Nicolas Hachez, Leuven Centre for Global Governance Studies, has published Views on International Law and International Relations in Adam Smith's Lectures on Jurisprudence. Here is the abstract.


This article aims to analyze and interpret the views on international relations and international law expressed in Adam Smith's little studied Lectures on Jurisprudence, in connection with the works of Grotius, Hobbes and Pufendorf. In order to do so, the article first tries to unravel Smith's account of the formation of society and government in domestic orders, understood as a complex intertwinement of human and economic factors. The article then goes on to analyze Smith's stated reasons why the seemingly universal human and economic processes leading to the formation of domestic societies and governments are failing when they are to apply in the international order. Finally, this article explores Smith's views on the idiosyncratic rules governing international relations, i.e. the Law of Nations.
The conclusion of the article then attempts to formulate insights for a more harmonious international society based on Smith's premises.Download the paper from SSRN at the link.

Schauer On Mill's "On Liberty"

Posted: 26 Apr 2011 08:06 AM PDT

Frederick Schauer, University of Virginia School of Law, is publishing On the Relationship between Chapters One and Two of John Stuart Mill's on Liberty in the Capital University Law Review. Here is the abstract.



An important question in free speech theory and in Millian scholarship is the relationship between Chapters One and Two of Mill's On Liberty. This essay, prepared on the occasion of and as a comment on Vincent Blasi's Sullivan Lecture at the Capital University Law School, argues that Chapter Two, dealing with the "Liberty of Thought and Discussion," is best understood as an exception to the general libertarian themes of Chapter One Iand, indeed, the balance of the book), rather than as an instantiation of them. Only by undervaluing Mill's views about the potential harms of speech, by making Mill less of a utilitarian than he claimed to be, and by slighting the social epistemic claims in Chapter Two can that Chapter be made compatible with Mill's presentation of the Harm Principle in Chapter One and the rest of the book. But if we take Mill's epistemic claims seriously (which is decidedly not the same as believing that they are empirically sound), then Chapter One can be understood as largely about actions that do not cause harms to agents other than the actor, and Chapter Two can be seen as an argument for why some other-regarding and harm-producing speech acts may, in the aggregate, produce sufficient social epistemic benefits as to be deserving of a special immunity from state control. It is true, as Blasi argues, that a concern for the character-building nature of both autonomy and confrontation with harmful speech may render Chapters One and Two compatible with each other, but that compatibility requires relegating Mill's famous epistemic arguments to a secondary role, and requires seeing Mill in less utilitarian and more individualistic terms than he himself professed.
Download the article from SSRN at the link.

Representations of Law in "Deadwood" and "Serenity"

Posted: 26 Apr 2011 07:39 AM PDT

Naomi Mezey, Georgetown University Law Center, has published Law's Visual Afterlife: Violence, Popular Culture, and Translation Theory in Imagining Legality: Where Law Meets Popular Culture 65 (Tuscaloosa, AL: University of Alabama Press, 2011). Here is the abstract.



In Walter Benjamin's essay, "The Task of the Translator," Benjamin argues that translations enable a work's afterlife. Afterlife is not what happens after death but what allows a work (or event or idea) to go on living and to evolve over time and place and iteration. In its afterlife, the original is transformed and renewed. In this piece I explore film's visual translation of law and the role film plays in law's afterlife. Film translates law not by translating from one language to another, but by translating between media and discourses. The cultural-critical lens of translation highlights the discursive similarities and dissonances between law and film; it allows us to see the legal in the aesthetic and the aesthetic in the legal; and it gives us new purchase on thinking about the ways that word, image, power and justice operate in and through different media. I take up the western HBO series Deadwood and the science fiction film Serenity to explore the representations of law, state and violence at the borderlands of time, place and authority in order to illustrate the layers of legal translation that film can occasion.



My argument focuses on how a few specific scenes translate the dilemmas of state authority, violence and law into the visual, and explores how the visual translations allow a different retelling of legal concerns. I also re-read the film genres in which these specific legal preoccupations most often circulate as legal genres. Both the western and science fiction, as genres, offer two parallel narratives about a foundational problem in law - the relationship of the state to violence. The narratives of the western tend to be progressive yet nostalgic; they are stories about the coming of civilization and the largely successful efforts of the state to reign in excessive private violence by exercising a monopoly on violence. But they are nostalgic for the kind of men - moral individualists - who were the precursors to the state but whose existence is incompatible with state power. The narratives of science fiction are more often dystopic and its stories about law and violence come in two versions. In one version, science fiction portrays the state as perfecting its monopoly on violence to the point of abuse. The state itself becomes the perpetrator of excessive violence. Another version of the science fiction genre narrates the future breakdown of the state, the dissolution of its monopoly on force and the return to private violence. This second version is a marriage of the two genres - the futuristic western. These two film genres in particular often translate the legal anxiety over the state's unstable relationship to violence in such a way as to give visual life to its instability, an instability that is both suppressed in and central to legal discourse.
Download the essay from SSRN at the link.
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The Reason For Reasoning

Posted: 25 Apr 2011 12:58 PM PDT

Does Homo jurisconsultus represent an evolutionary milestone? Check out Mark D. White's semi-tongue in cheek post at Psychology Today, discussing a new paper by Hugo Mercier and Dan Sperber (via The Literary Table). Drs. Mercier and Sperber investigate why humans have developed reasoning ability.
What is it for? And here I thought it was just to make the decision among the Kindle, the Nook, and the Kobo that much easier. 

Blackstone's Idea of Rights

Posted: 25 Apr 2011 08:47 AM PDT

Helge Dedek, McGill University Faculty of Law, has published Of Rights Superstructural, Inchoate and Triangular: Some Remarks on the Role of Rights in Blackstone's Commentaries in The Rights of Private Law (A Robertson and D. Nolan, eds. Hart Publishing,  2011). Here is the abstract.



Peter Birks has famously described the way in which rights operate in Blackstone's legal cosmos as "superstructural." In order to fully understand what this assessment entails, we will have to take a closer look at how the elements of Blackstone's conceptual mechanism – right/wrong, rights, wrongs, and remedies – interact and complement each other. This "juridical" analysis, however, will inevitably take us back to the more foundational aspects of Blackstone's vision of private law. In a formalist jurisprudence, Ernest J. Weinrib has explained, conceptual constructions and philosophical foundations are closely and intrinsically linked in the sense that the former are the expression of the latter – an insight particularly helpful, I believe, in Blackstone's case, where the explicit verbalization of philosophical underpinnings remains fragmentary and basic theoretical assumptions have to be gleaned from doctrinal construction and categorization. As we shall see, the rights-remedies division in Blackstone's organizational scheme is the expression of a "dualist" conception of the rights-remedies relationship: Blackstone's perception of private law is not a Weinribian vision of a coherent, transactional unit, defined by the correlativity of right and duty. The "rights" that come into existence when a "wrong" is committed are of such nature that they can only be perceived as a triangular relationship that necessarily involves plaintiff, defendant and the state.

Download the essay from SSRN at the link.

Joan of Arc As Political Actor

Posted: 25 Apr 2011 08:07 AM PDT

Winnifred Fallers Sullivan, Suny University at Buffalo Law School, has published Joan's Two Bodies: A Study in Political Anthropology as Buffalo Legal Studies Research Paper No. 2011-017. Here is the abstract. The article is forthcoming in Social Research.



From all of the evidence, Joan of Arc was a conventionally pious Catholic and a patriotic Frenchman. Yet she was tried as a heretic and executed as a traitor. She unnerved both her friends and her enemies in the church and the state with her zeal. And she continues to fascinate. Almost six centuries after she was burned at the stake, her body still has life. This essay uses Kantorowicz's reading of the historical development of the legal fiction of the king's two bodies to re-focus our attention on what Joan of Arc accomplished as a political actor.
Download the article from SSRN at the link.
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Hegel's Theory of Punishment

Posted: 22 Apr 2011 11:41 AM PDT

Thom Brooks, Newcastle University Law School, has published Hegel and the Unified Theory of Punishment. Here is the abstract.

Hegel's theory of punishment has too often been understood as a retributivist position. This error is largely based upon a consideration of some comments in one section ("Abstract Right") in his Philosophy of Right. Instead, Hegel's theory is more innovative and compelling: he is perhaps the first to offer a "unified theory" of punishment bringing together elements of retribution, deterrence, and rehabilitation in a single, coherent theory. Such a view best accords not only with his full comments on punishment in the Philosophy of Right, but also his comments on punishment elsewhere in his system and even earlier work. Moreover, a unified theory of punishment is defended also by his earliest Anglophone defenders, the British Idealists. This essay defends this interpretation of Hegel's theory of punishment and why we should find it compelling.
Download the paper from SSRN at the link.

The Resistance To Disorder In "Billy Budd"

Posted: 22 Apr 2011 11:27 AM PDT

Lawrence Michael Friedman, New England School of Law, has published Law, Force, and Resistance to Disorder in Herman Melville's Billy Budd in volume 33 of the Thomas Jefferson Law Review (2010). Here is the abstract.


The Herman Melville law and literature classic, Billy Budd, Sailor (an inside narrative), illustrates the choice between force and law as means by which to achieve public order in a community. In that story, Captain Edward Fairfax "Starry" Vere believes the law leads inexorably to the determination that the sailor Billy Budd must be tried and executed for causing the death of the ship's master-at-arms, John Claggart. Like other commentators - including Richard Weisberg and, more recently, Daniel J. Solove - I conclude that, within the context of the story, the law did not, in fact, dictate such a determination. Captain Vere had the discretion, in the circumstances, to choose between following the path of law or not. Relying upon the facts and law as Melville gives them in the story, I suggest an explanation for Vere's actions, if not necessarily a justification: Vere, by virtue of character and temperament, had a need for order in the midst of the creeping anxiety that disorder was near at hand. Vere's aversion to disorder both private and public precipitated his reliance upon force, rather than law, to prevent the disruption he feared might result from a failure to punish Billy for the death of the master-at-arms. This disruption may be seen as proxy for the larger currents of disorder that may disturb nearly any community. And though his decision to use force may have led to a return to the status quo condition of order on board the H.M.S. Bellipotent, the long-term impact of Vere's decision was not quite so clear. There are lessons to be drawn from that decision about the value of adherence to the rule of law, even when such adherence may not appear to be expedient.
Download the article from SSRN at the link.
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Medical Humanities Blog


On the Capabilities Approach

Posted: 21 Apr 2011 10:07 AM PDT

Ingrid Robeyns (Univ. Rotterdam - Philosophy) has authored a new entry in the Stanford Encyclopedia of Philosophy on the Capabilities Approach.  In lieu of an abstract, here is a the first paragraph:

The capability approach is a theoretical framework that entails two core normative claims: first, the claim that the freedom to achieve well-being is of primary moral importance, and second, that freedom to achieve well-being is to be understood in terms of people's capabilities, that is, their real opportunities to do and be what they have reason to value. The approach has been developed in a variety of more specific normative theories, such as (partial) theories of social justice or accounts of development ethics. It has also led to a new and highly interdisciplinary literature in the social sciences resulting in new statistics and social indicators, and to a new policy paradigm which is mainly used in development studies, the so-called 'human development approach'.

The entry is highly recommended.

(h/t the Professor). 

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Resisting the Evil State

Posted: 20 Apr 2011 07:51 AM PDT

Joel A. Nichols, University of St. Thomas School of Law (Minnesota) and James William McCarty III (Emory University) have published When the State is Evil: Biblical Civil (Dis)Obedience in South Africa in volume 84 of St. John's Law Review (2011). Here is the abstract.


How should Christians respond to an oppressive government regime? This question has vexed believers for centuries, including in the best known recent example of an "evil state": Nazi Germany. This Article explores the Christian response to the demands of the apartheid state in South Africa in the late 20th century.


This Article particularly focuses upon the way that Biblical text is used – both by the state and against the state. Specifically, governments and ruling Christians in power frequently appeal to Romans 13:1-7 and its command that Christians should submit to the governing authorities, for those authorities have been put in place by God. But disenfranchised, out-of power Christians often look instead to a theme of Biblical resistance to ungodly authority, following the example of Peter in Acts 5:27-30 where the Apostles insist that they must "obey God rather than men." These differing thematic responses to Scripture - submission vs. resistance, authority vs. liberation, order vs. renewal - have come into tension and conflict throughout church history.



The Article first explores the New Testament texts that speak to the relationship of Christians to the civil government. It then provides a modern case study of the competing Biblical themes of submission versus resistance: In apartheid South Africa the ruling state explicitly called upon Romans 13 and those resisting the state overtly invoked Acts 5. (The Article assesses the use of scripture by the Kairos theologians, Beyers Naude, and Archbishop Desmond Tutu.) Finally, the Article offers some concluding reflections on what modern Christians can learn from the Biblical texts and the South African experience.Download the article from SSRN at the link.

Analogy and Metaphor in Law

Posted: 20 Apr 2011 07:47 AM PDT

Patrick S. O'Donnell, Santa Barbara City College, has published Analogy & Metaphor: An Idiosyncratic Introduction. Here is the abstract.


This essay is an idiosyncratic introduction to analogy and metaphor. It was previously posted in two parts respectively at the Ratio Juris and The Literary Table blogs by way of an introduction to my online bibliography at Ratio Juris for analogy and metaphor. The notes immediately follow each essay, and a list of "references and further reading" is appended to the end of the paper. The section on analogy is intended in part to provoke the interest of legal theorists, while the second half, on metaphor, is aimed at a broader audience although I hope it too will be of interest to legal theorists and philosophers of law. Both pieces no doubt betray their origins in blog posts, hence they are considerably less than polished, but comments to date were generous enough for me to make the inference that they deserve to be made more widely available.
Download the paper from SSRN at the link.
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