The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise's historical volumes (following the five theoretical ones) and is dedicated to the philosophers' philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics (Chapter 14, by Annabel Brett) and an epilogue (by Carrie-Ann Biondi) on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes.

This distinctive collection of original articles features contributions from many of the leading scholars of ancient Greek philosophy. They explore the concept of reason and the method of analysis and the central role they play in the philosophies of Socrates, Plato, and Aristotle. They engage with salient themes in metaphysics, epistemology, ethics, and political theory, as well as tracing links between each thinker s ideas on selected topics.

The volume contains analyses of Plato s Socrates, focusing on his views of moral psychology, the obligation to obey the law, the foundations of politics, justice and retribution, and Socratic virtue. On Plato s Republic, the discussions cover the relationship between politics and philosophy, the primacy of reason over the soul s non-rational capacities, the analogy of the city and the soul, and our responsibility for choosing how we live our own lives. The anthology also probes Plato s analysis of logos (reason or language) which underlies his philosophy including the theory of forms.A quartet of reflections explores Aristotelian themes including the connections between knowledge and belief, the nature of essence and function, and his theories of virtue and grace.

The volume concludes with an insightful intellectual memoir by David Keyt which charts the rise of analytic classical scholarship in the past century and along the way provides entertaining anecdotes involving major figures in modern academic philosophy.Blending academic authority with creative flair and demonstrating the continuing interest of ancient Greek philosophy, this book will be a valuable addition to the libraries of all those studying and researching the origins of Western philosophy.

This volume presents a commentary on Aristotle's Metaphysics Book 12 by pseudo-Alexander in a new translation accompanied by explanatory notes, introduction and indexes. Fred D. Miller, Jr. argues that the author of the commentary is in fact not Alexander of Aphrodisias, Aristotle's distant successor in early 3rd century CE Athens and his leading defender and interpreter, but Michael of Ephesus from Constantinople as late as the 12th century CE. Robert Browning had earlier made the case that Michael was enlisted by Princess Anna Comnena in a project to restore and complete the ancient Greek commentaries on Aristotle, including those of Alexander; he did so by incorporating available ancient commentaries into commentaries of his own. Metaphysics Book 12 posits a god as the supreme cause of motion in the cosmic system Aristotle had elaborated elsewhere as having the earth at the centre. The fixed stars are whirled around it on an outer sphere, the sun, moon and recognised planets on interior spheres, but with counteracting spheres to make the motions of each independent of the motions of others and of the fixed stars, thus yielding a total of 55 spheres. Motion is transmitted from a divine unmoved mover through divine moved movers which move the celestial spheres, and on to the perishable realms. Chapters 1 to 5 describe the principles and causes of the perishable substances nearer the centre of the universe, while Chapters 6 to 10 seek to prove the existence and attributes of the celestial substances beyond.

Whether it is a result of nature, the consequence of a choice to escape the state of nature, or the outcome of some other process of deliberation, the fact of human association gives rise to recurrent themes in political and social philosophy. The character and requirements of justice, the profile of political legitimacy, and the relationship between the powers of government and the rights of the governed are some of the subjects of ongoing consideration and debate in the disciplines of philosophy, political theory, economics, and law. This volume represents a contribution to the investigation of these issues of perennial interest and import, featuring essays whose authors hope to extend, deepen, and, in some cases, move in new directions, the current state of discussion.

This distinctive collection of original articles features contributions from many of the leading scholars of ancient Greek philosophy. They explore the concept of reason and the method of analysis and the central role they play in the philosophies of Socrates, Plato, and Aristotle. They engage with salient themes in metaphysics, epistemology, ethics, and political theory, as well as tracing links between each thinker's ideas on selected topics. The volume contains analyses of Plato's Socrates, focusing on his views of moral psychology, the obligation to obey the law, the foundations of politics, justice and retribution, and Socratic virtue. On Plato's Republic, the discussions cover the relationship between politics and philosophy, the primacy of reason over the soul's non-rational capacities, the analogy of the city and the soul, and our responsibility for choosing how we live our own lives. The anthology also probes Plato's analysis of logos (reason or language) which underlies his philosophy including the theory of forms. A quartet of reflections explores Aristotelian themes including the connections between knowledge and belief, the nature of essence and function, and his theories of virtue and grace. The volume concludes with an insightful intellectual memoir by David Keyt which charts the rise of analytic classical scholarship in the past century and along the way provides entertaining anecdotes involving major figures in modern academic philosophy. Blending academic authority with creative flair and demonstrating the continuing interest of ancient Greek philosophy, this book will be a valuable addition to the libraries of all those studying and researching the origins of Western philosophy.

The essays in this collection investigate two political traditions and their critical interactions. The first series of essays deals with the development of natural rights individualism, some examining its origins in the thought of the seminal political theorist, John Locke, and the influential constitutional theorist, Montesquieu, others the impact of their theories on intellectual leaders during the American Revolution and the Founding era, and still others the culmination of this tradition in the writings of nineteenth-century individualists such as Lysander Spooner. The second series of essays focuses on the Progressive repudiation of natural rights individualism and its far-reaching effect on American politics and public policy.

Modern industrial societies have achieved a level of economic prosperity undreamed of in earlier times, but in the view of the contemporary environmental movement, the prosperity has come at the cost of serious degradations to the natural world. For environmental advocates, problems such as resource depletion, air and water pollution, global warming, and the loss of biodiversity represent due threats to the well-being of human societies and the planet itself. But just how serious are these threats, and how should we go about confronting them? Do environmental problems call for more extensive government controls over industrial activity, energy policy, and the like, or is it possible to find solutions by harnessing the incentives of the free market? The essays in this collection address these questions and explore related issues.

What constitutes a just tax system, and what are its moral foundations? Should a society's tax regime be designed to achieve a just distribution of wealth among its citizens, or should such a regime be designed to promote economic growth, rising standards of living, and increasing levels of employment? Are these two goals compatible or incompatible? Why should justice not require, or at least lead to, an increase in general prosperity? The essays in this volume examine the history of tax policies and the normative principles that have informed the selection of various types of taxes and tax regimes; economic data to discover which tax policies lead to economic growth; particular theories of justice or property rights regarding the design of tax systems; and other essays propose specific tax reforms. Still others challenge traditional theories of taxation, offering new ways of understanding the fiscal relationship between governments and their citizens.

What is a person? What makes me the same person today that I was yesterday or will be tomorrow? Philosophers have long pondered these questions. In Plato's Symposium, Socrates observed that all of us are constantly undergoing change: we experience physical changes to our bodies, as well as changes in our 'manners, customs, opinions, desires, pleasures, pains, [and] fears'. Aristotle theorized that there must be some underlying 'substratum' that remains the same even as we undergo these changes. John Locke rejected Aristotle's view and reformulated the problem of personal identity in his own way: is a person a physical organism that persists through time, or is a person identified by the persistence of psychological states, by memory? These essays - written by prominent philosophers and legal and economic theorists - offer valuable insights into the nature of personal identity and its implications for morality and public policy.

A central idea in moral and political philosophy, ‘autonomy’ is generally understood as some form of self-governance or self-direction. Certain Stoics, modern philosophers such as Spinoza, and most importantly, Immanuel Kant, are among the great philosophers who have offered important insights on the concept. Some theorists analyze autonomy in terms of the self being moved by its higher-order desires. Others argue that autonomy must be understood in terms of acting from reason or from a sense of moral duty independent of the passions. Autonomy seems closely related to the notion of freedom, but in what sense: freedom from coercion, freedom from psychological constraints, or freedom from material necessity? Various approaches to these and similar questions yield different implications for public policy. Is capitalism, social democracy or socialism more favorable to autonomy? The essays in this volume address these important questions.

The essays is this volume--written by prominent philosophers and academic lawyers--examine various aspects of both the right to privacy and the roles that this right plays in moral philosophy, legal theory, and public policy. Some of the essays discuss possible justifications for privacy rights, basing them on classical liberal principles or the considerations of moral pluralism. Other essays examine the role that privacy plays in American consitutional theory. Still others assess how privacy considerations affect certain issues in medical ethics, such as the proper extent of access to medical information and the normative status of the right to die.

The essays in this volume address questions about responsibility that arise in moral philosophy and legal theory. Some analyse different theories of causality, asking which theory offers the best account of human agency and the most satisfactory resolution of troubling controversies about free will and determinism. Some essays look at responsibility in the legal realm, seeking to determine how the law should assign liability for negligence, or whether the courts should allow defendants to offer excuses for their wrongdoing or to claim some form of 'diminished responsibility'. Other essays explore libertarian views about political freedom and accountability, asking whether libertarian positions on consent, contract law, and responsibility are consistent, or whether restitution is superior to retribution or deterrence as a basis for a theory of corrective justice. Still others examine the notion of partial or divided responsibility, or the relationship between responsibility and the emotions.

The essays in this volume assess the strength and impact of market liberal or libertarian political theory, which, broadly conceived, advocates a more carefully circumscribed role for the state and a greater reliance on the ability of individuals and voluntary, private-sector institutions to confront social problems. They offer insights into the limits of government, develop market-oriented solutions to pressing social problems, and explore some defects in traditional libertarian theory and practice.

These essays examine the nature of self-interest and the relationship between rationality and morality. Some challenge the assumption that morality is exclusively concerned with the pursuit of the good of others, arguing that self-interest can be a legitimate moral motive. Some ask whether it is possible to resolve the apparent conflict between self-interest and morality by appealing to some third, overarching standard, or by showing that self-regard and regard for others share significant common features or spring from a common source. Others explore the relationship between self-interest and practical reason, or between self-interest and virtue.

With the collapse of Communist totalitarianism, the countries of Eastern Europe and the former Soviet Union face political instabililty and an uncertain economic future. The people of the region are struggling to emulate the success of the West by moving toward Western-style democracy and markets. The essays in this volume address the liberal transition currently underway. Some of them explore the models offered by political theorists to guide the course of reforms. Some discuss obstacles to change posed by existing attitudes, institutions, and cultural traditions. Some examine the nature of liberalism itself, and consider whether democratic politics and free-market economics can coexist without undermining one another. Some offer alternatives to specific Western institutions, arguing that in certain cases it would be unwise for the East to follow the West. Addressing the issues from a variety of perspectives, the contributors to this volume offer valuable insights into the nature of liberalism and the problems facing liberal reformers today.

What are the core values of liberalism and how can they best be promoted? Liberals in the classical tradition championed individual freedom, limited government and a capitalist economic system with strong rights to private property. Contemporary liberals, in contrast, embrace more egalitarian values and allow for a far more prominent role for government intervention in the market to reduce inequality, redistribute wealth and regulate economic activity. What accounts for these very disparate liberal views of property rights and economic freedom? How should we understand the transition from the classical view of liberalism to its more egalitarian modern version? And what, ideally, should the relationship be between the central values of liberalism and the economic institutions of capitalism? The eleven essays in this volume address these questions and examine related issues.

The essays in this volume--written by prominent philosophers, political scientists, and legal scholars--address these questions and explore related issues. Some essays examine the basic purposes of constitutions and their status as fundamental law. Some deal with specific constitutional provisions: they ask, for example, which branches of government should have the authority to conduct foreign policy, or how the judiciary should be organized, or what role a preamble should play in a nation's founding document. Other essays explore questions of constitutional design: they consider the advantages of a federal system of government, or the challenges of designing a constitution for a pluralistic society--or they ask what form of constitution best promotes personal liberty and economic prosperity.

The notion of obligation--of what an agent owes to himself, to others, or to society generally--occupies a central place in morality. But what are the sources of our moral obligations, and what are their limits? To what extent do obligations vary in their stringency and severity, and does it make sense to talk about imperfect obligations, that is, obligations that leave the individual with a road range of freedom to determine how and when to fulfill them? The twelve essays in this volume address these and other questions and explore related issues. Some of them discuss broad theoretical questions, some essays look at moral reasons for action. Others discuss specific moral obligations or the tensions that may exist between our obligations and our other concerns.

The essays in this volume address some of the most enduring questions involved in the search for moral knowledge. Can morality be founded upon facts about human nature, social agreement, volition, subjective preference, a priori reasoning, intuition, or some other basis? Is morality knowable in any objective sense that would make it universal and, therefore, binding on humans in all times, places, and circumstances? Or, rather, is morality inherently subjective, culture bound, or more radically still, uniquely determined by each individual for that individual? Is there an answer to those who maintain that it is misguided even to think in terms of moral knowledge, on the grounds that moral utterances are expressions of feelings or attitudes rather than claims that can be known to be true or false?

The essays in this volume--written by academic lawyers as well as legal and moral philosophers--address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy.

The essays in this volume explore questions about democracy that are relevant to political philosophy and political theory. Some examine the difficulties involved in determining and carrying out the will of the people; some address questions relating to the kinds of influence citizens can or should have over their representatives. Other essays analyze democratic institutions, while still others examine the relationship between democracy and value pluralism, or consider the suitability of democracy as a form of government in non-Western societies.

This volume presents a commentary on Aristotle's Metaphysics Book 12 by pseudo-Alexander in a new translation accompanied by explanatory notes, introduction and indexes. Fred D. Miller, Jr. argues that the author of the commentary is in fact not Alexander of Aphrodisias, Aristotle's distant successor in early 3rd century CE Athens and his leading defender and interpreter, but Michael of Ephesus from Constantinople as late as the 12th century CE. Robert Browning had earlier made the case that Michael was enlisted by Princess Anna Comnena in a project to restore and complete the ancient Greek commentaries on Aristotle, including those of Alexander; he did so by incorporating available ancient commentaries into commentaries of his own. Metaphysics Book 12 posits a god as the supreme cause of motion in the cosmic system Aristotle had elaborated elsewhere as having the earth at the centre. The fixed stars are whirled around it on an outer sphere, the sun, moon and recognised planets on interior spheres, but with counteracting spheres to make the motions of each independent of the motions of others and of the fixed stars, thus yielding a total of 55 spheres. Motion is transmitted from a divine unmoved mover through divine moved movers which move the celestial spheres, and on to the perishable realms. Chapters 1 to 5 describe the principles and causes of the perishable substances nearer the centre of the universe, while Chapters 6 to 10 seek to prove the existence and attributes of the celestial substances beyond.

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise's historical volumes (following the five theoretical ones) and is dedicated to the philosophers' philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics (Chapter 14, by Annabel Brett) and an epilogue (by Carrie-Ann Biondi) on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes.

Freedom of association is a cherished liberal value, both for classical liberals who are generally antagonistic toward government interference in the choices made by individuals, and for contemporary liberals who are more sanguine about the role of government. However, there are fundamental differences between the two viewpoints in the status that they afford to associational freedom. While classical liberals ground their support for freedom of association on the core notion of individual liberty, contemporary liberals usually conceive of freedom of association as one among many values that are necessary for a liberal democracy to flourish. Which position provides a better grounding for freedom of association? Is liberal democracy the core value, or does a liberal democracy become defensible to the extent that it protects the core value of individual freedom? The twelve essays in this volume explore the history and development of the right of free association, and discuss the limits that may legitimately be placed on this right. Some essays address the constitutional status of freedom of association in the United States, exploring a range of legal decisions on association handed down by various courts, especially the Supreme Court. Some look at freedom of association in the context of unionization, or university policies on military recruiting, or the treatment of subversive organizations. Other essays examine the tension between the right of individuals to associate and the interest of government in preventing discrimination against members of disadvantaged groups. Still others address the views of particular political theorists who have influenced the debate on associational freedom, theorists such as John Locke, James Madison, Alexis de Tocqueville, and John Rawls.