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The Legal Realism of Jerome N. Frank: A Study of Fact-Skepticism and the Judicial Process
by Julius PaulBetween the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process. Of the three, process is the most unstable - procedure and facts. Of the two, facts are the most intractable. While most of the law in books may seem to center about abstract theories, doctrines, princi ples, and rules, the truth is that most of it is designed in some way to escape the painful examination of the facts which bring parties in a particular case to court. Frequently the emphasis is on the rule of law as it is with respect to the negotiable instru ment which forbids inquiry behind its face; sometimes the empha sis is on men as in the case of the wide discretion given a judge or administrator; sometimes on the process, as in pleading to a refined issue, summary judgment, pre-trial conference, or jury trial designed to impose the dirty work of fact finding on laymen. The minds of the men of law never cease to labor at im proving process in the hope that some less painful, more trustworthy and if possible automatic method can be found to lay open or force litigants to disclose what lies inside their quarrel, so that law can be administered with dispatch and de cisiveness in the hope that truth and justice will be served.
Maxims: And Reflections Upon Man (classic Reprint) (Wordsworth Classics Of World Literature Ser.)
by La Rochefoucauld Leonard TancockThe philosophy of La Rochefoucauld, which influenced French intellectuals as diverse as Voltaire and the Jansenists, is captured here in more than 600 penetrating and pithy aphorisms.
Modern Forms of Government: A Comparative Study (Routledge Library Editions: Government)
by Michael StewartOriginally published in 1958 and written by a serving M.P. this book discusses the nature and purpose of political activity in the Government of Britain, the Commonwealth and the former British Empire. As politics is closely connected with history and economics, the book makes reference to these subject areas, but in a way that is only necessary to give a lucid introduction to the political problems of the 20th Century. The book was written in such a way as to be particularly useful for the introductory study of government and politics.
Modern Forms of Government: A Comparative Study (Routledge Library Editions: Government)
by Michael StewartOriginally published in 1958 and written by a serving M.P. this book discusses the nature and purpose of political activity in the Government of Britain, the Commonwealth and the former British Empire. As politics is closely connected with history and economics, the book makes reference to these subject areas, but in a way that is only necessary to give a lucid introduction to the political problems of the 20th Century. The book was written in such a way as to be particularly useful for the introductory study of government and politics.
The Objective Society (Routledge Revivals)
by Everett KnightFirst published in 1959, The Objective Society elaborates that any objective society has two functions: to transmit a cultural heritage through education, and to think for that great majority of men who have no access to the stores of information upon which thought must feed if it is to live. However, it has long ceased to do either of these things. The masses of the people are indifferent to culture as it is understood in the universities, and academics do not think – they gather and catalogue facts. Any attempt to use the facts to some practical end or, more generally, to organize them into an ideology which might restore to our civilisation a purpose and a direction is considered an offence to objectivity. This book indicates the path that must be taken to avoid complete cultural stagnation. Explicating on themes resonant with the current socio-political climate, this book will be an interesting read for students of philosophy and literature.
The Objective Society (Routledge Revivals)
by Everett KnightFirst published in 1959, The Objective Society elaborates that any objective society has two functions: to transmit a cultural heritage through education, and to think for that great majority of men who have no access to the stores of information upon which thought must feed if it is to live. However, it has long ceased to do either of these things. The masses of the people are indifferent to culture as it is understood in the universities, and academics do not think – they gather and catalogue facts. Any attempt to use the facts to some practical end or, more generally, to organize them into an ideology which might restore to our civilisation a purpose and a direction is considered an offence to objectivity. This book indicates the path that must be taken to avoid complete cultural stagnation. Explicating on themes resonant with the current socio-political climate, this book will be an interesting read for students of philosophy and literature.
Our Experience of God (Routledge Revivals)
by H. D. LewisFirst published in 1959, Our Experience of God examines the relationship between philosophy and religion. The author argues that, we cannot construct a religion for ourselves out of merely philosophical elements, and that the attempt to provide some philosophical or similar substitute for religion, as it normally presents itself, is misconceived. It brings themes like religion and belief; belief and mystery; religion and transcendence; history and dogma; material factors in religion; symbolism and tradition; art and religion; religion and morality; and encounter and immediacy, to show that the place of philosophy in religion is not to provide proofs for beliefs but to make more explicit for us what is the nature and status of the beliefs we do hold and commend to others. This book will be of interest to scholars and researchers of religion, philosophy, and theology.
Our Experience of God (Routledge Revivals)
by H. D. LewisFirst published in 1959, Our Experience of God examines the relationship between philosophy and religion. The author argues that, we cannot construct a religion for ourselves out of merely philosophical elements, and that the attempt to provide some philosophical or similar substitute for religion, as it normally presents itself, is misconceived. It brings themes like religion and belief; belief and mystery; religion and transcendence; history and dogma; material factors in religion; symbolism and tradition; art and religion; religion and morality; and encounter and immediacy, to show that the place of philosophy in religion is not to provide proofs for beliefs but to make more explicit for us what is the nature and status of the beliefs we do hold and commend to others. This book will be of interest to scholars and researchers of religion, philosophy, and theology.
A Precis of Mathematical Logic (Synthese Library #1)
by Otto Bird J. M. BochenskiThe work of which this is an English translation appeared originally in French as Precis de logique mathematique. In 1954 Dr. Albert Menne brought out a revised and somewhat enlarged edition in German (Grund riss der Logistik, F. Schoningh, Paderborn). In making my translation I have used both editions. For the most part I have followed the original French edition, since I thought there was some advantage in keeping the work as short as possible. However, I have included the more extensive historical notes of Dr. Menne, his bibliography, and the two sections on modal logic and the syntactical categories (§ 25 and 27), which were not in the original. I have endeavored to correct the typo graphical errors that appeared in the original editions and have made a few additions to the bibliography. In making the translation I have profited more than words can tell from the ever-generous help of Fr. Bochenski while he was teaching at the University of Notre Dame during 1955-56. OTTO BIRD Notre Dame, 1959 I GENERAL PRINCIPLES § O. INTRODUCTION 0. 1. Notion and history. Mathematical logic, also called 'logistic', ·symbolic logic', the 'algebra of logic', and, more recently, simply 'formal logic', is the set of logical theories elaborated in the course of the last century with the aid of an artificial notation and a rigorously deductive method.
The Profession of Government: The Public Service in Europe (Routledge Library Editions: Government)
by Brian ChapmanOriginally published in 1959, and using material collected from eight languages, much of which was previously unpublished, this is a genuine comparative study, not merely describing each country separately, but an analysis of the most important questions facing 20th century public administration. A substantial historical introduction traces from Roman to modern times the concept and practice of public service and brings out the underlying unity of European experience.
The Profession of Government: The Public Service in Europe (Routledge Library Editions: Government)
by Brian ChapmanOriginally published in 1959, and using material collected from eight languages, much of which was previously unpublished, this is a genuine comparative study, not merely describing each country separately, but an analysis of the most important questions facing 20th century public administration. A substantial historical introduction traces from Roman to modern times the concept and practice of public service and brings out the underlying unity of European experience.
An Analysis of Knowing (Routledge Revivals)
by John Hartland-SwannFirst published in 1958, this book focuses on the meaning, interpretation, and use of the verb ‘to know’. In our daily lives we are often claiming to know this or not to know that; and it is not therefore surprising that the verb has played a major role in philosophical speculation from Plato down to Bertrand Russell. This book analyses the varying meanings of ‘know’ in its different operational roles: knowing Jones seems to have a different sort of logic from knowing French or from knowing what to do – and equally from knowing that the earth is round and from knowing how to read music. Knowing something is also different from merely believing it. The main purpose of this book is to elucidate, in a new and original way, this whole question of the logical behaviour of ‘know’; but its further and no less important purpose is to show how, once we have grasped the way in which certain key ‘know’-statements function, a number of philosophical disputes may be discussed more fruitfully and settled more expeditiously. Some of the analyses offered will be regarded as controversial and will undoubtedly provoke discussion. The style is lucid and economical and technical terms are reduced to a minimum. This work is intended not only for the professional philosopher and the university student, but also for the general reader who is interested in the methods of modern philosophical analysis.
An Analysis of Knowing (Routledge Revivals)
by John Hartland-SwannFirst published in 1958, this book focuses on the meaning, interpretation, and use of the verb ‘to know’. In our daily lives we are often claiming to know this or not to know that; and it is not therefore surprising that the verb has played a major role in philosophical speculation from Plato down to Bertrand Russell. This book analyses the varying meanings of ‘know’ in its different operational roles: knowing Jones seems to have a different sort of logic from knowing French or from knowing what to do – and equally from knowing that the earth is round and from knowing how to read music. Knowing something is also different from merely believing it. The main purpose of this book is to elucidate, in a new and original way, this whole question of the logical behaviour of ‘know’; but its further and no less important purpose is to show how, once we have grasped the way in which certain key ‘know’-statements function, a number of philosophical disputes may be discussed more fruitfully and settled more expeditiously. Some of the analyses offered will be regarded as controversial and will undoubtedly provoke discussion. The style is lucid and economical and technical terms are reduced to a minimum. This work is intended not only for the professional philosopher and the university student, but also for the general reader who is interested in the methods of modern philosophical analysis.
The British Approach to Politics (Routledge Library Editions: Government)
by Michael StewartOriginally published in 1958 and written by a serving M.P. this book discusses the nature and purpose of political activity in the Government of Britain, the Commonwealth and the former British Empire. As politics is closely connected with history and economics, the book makes reference to these subject areas, but in a way that is only necessary to give a lucid introduction to the political problems of the 20th Century. The book was written in such a way as to be particularly useful for the introductory study of government and politics.
The British Approach to Politics (Routledge Library Editions: Government)
by Michael StewartOriginally published in 1958 and written by a serving M.P. this book discusses the nature and purpose of political activity in the Government of Britain, the Commonwealth and the former British Empire. As politics is closely connected with history and economics, the book makes reference to these subject areas, but in a way that is only necessary to give a lucid introduction to the political problems of the 20th Century. The book was written in such a way as to be particularly useful for the introductory study of government and politics.
The Complete Essays of Montaigne
by Seigneur de Michel Eyquem MontaigneThis new translation of Montaigne's immortal Essays received great acclaim when it was first published in The Complete Works of Montaigne in the 1957 edition. The New York Times said, "It is a matter for rejoicing that we now have available a new translation that offers definite advantages over even the best of its predecessors," and The New Republic stated that this edition gives "a more adequate idea of Montaigne's manner, his straight and unpretentious style, than any of the half-dozen previous English translations." In his Essays Montaigne warns us from the outset that he has set himself "no goal but a domestic and private one"; yet he is one author whose modernity and universality have been acclaimed by each age since he wrote. Probing into his emotions, attitudes, and behavior, Montaigne reveals to us much about ourselves. As new editions of the Essays were published during his lifetime, Montaigne interpolated many new passages—often of considerable length. This volume indicates the strata of composition, so that the reader may follow the development of Montaigne's thought over the years. The detailed index provides a convenient means of locating the many famous passages that occur throughout the work.
Concerning Human Understanding: Essays on the Common-sense Background of Philosophy (Routledge Revivals)
by Nikunja Vihari BanerjeeFirst published in 1958 Concerning Human Understanding treats the chief problems of philosophy. Professor Banerjee’s intention is ‘to separate philosophic thought from effects of sophistication and intellectual pride to which philosophical enquiry is usually prone’. The book pursues a line of thought which calls for the replacement of certain old beliefs that are still dominant in philosophical circles, suggests the need for a fresh enquiry into some of the problems of philosophy and brings into prominence others which have generally escaped the serious attention of philosophers in modern times. It offers a restatement of the problems of knowledge, attempts a solution of the conflict between science and philosophy and handles the baffling problem: ‘is metaphysics possible?’ In particular this book deals with the problem of religion in its bearing upon the future of civilization and finds the solution in an outlook on life opposed to the surrender of man to Institution and Power and founded upon the feeling of obligation regarded as ‘the most human of the forces that deserve to govern the world of human affairs and to shape the destiny of man’. This is a must read for students of philosophy.
Concerning Human Understanding: Essays on the Common-sense Background of Philosophy (Routledge Revivals)
by Nikunja Vihari BanerjeeFirst published in 1958 Concerning Human Understanding treats the chief problems of philosophy. Professor Banerjee’s intention is ‘to separate philosophic thought from effects of sophistication and intellectual pride to which philosophical enquiry is usually prone’. The book pursues a line of thought which calls for the replacement of certain old beliefs that are still dominant in philosophical circles, suggests the need for a fresh enquiry into some of the problems of philosophy and brings into prominence others which have generally escaped the serious attention of philosophers in modern times. It offers a restatement of the problems of knowledge, attempts a solution of the conflict between science and philosophy and handles the baffling problem: ‘is metaphysics possible?’ In particular this book deals with the problem of religion in its bearing upon the future of civilization and finds the solution in an outlook on life opposed to the surrender of man to Institution and Power and founded upon the feeling of obligation regarded as ‘the most human of the forces that deserve to govern the world of human affairs and to shape the destiny of man’. This is a must read for students of philosophy.
Die Wendung zum Führerstaat: Ideologischen Komponenten in der Politischen Philosophie Carl Schmitts (Schriften des Instituts für politische Wissenschaft)
by Jürgen Fijalkowski
Experience and Nature
by John DeweyThis is an enlarged, revised edition of the Paul Carus lecturers which John Dewey delivered in 1925. It covers Dewey's basic formulation of the problem of knowledge, with both a full discussion of theories and resolutions propounded by other systems, and a detailing of Dewey's own concepts upon the relationship of the external world, the minds, and knowledge.Starting with a thorough examination of philosophical method, Dewey examines the interrelationship of experience and nature, and upon the basis of empirical naturalism analyzes experience, the formulation of law, the role of language and social factors in knowledge, the nature of mind, and the final interrelation of mind and matter. Dewey, as in his other mature philosophy, attempts to replace the traditional separation of nature and experience with the idea of continuity, using the traditional separation of nature and experience with the idea of continuity, using the concept of language as the bridge.Dewey's treatment of central problems in philosophy and philosophy of science is profound, yet extremely easy to follow. His range of subject matter is very wide, from the anthropology of Malinowski to gravity, evolution, and the role of art, and his insights are clear and valuable. Scientists, philosophers of science, philosophers, and students of American history of thought will all find this one of the most profitable works by a great 20th-century thinker.
The Foundations of Political Theory (Routledge Revivals)
by H.R.G. GreavesFirst published in 1958, The Foundations of Political Theory strives to answer essential questions of politics by studying its foundations. In this book, Mr. Greaves treats the state as only one among several associations whose function is to promote entirely human ends. He tries to reinterpret such ideas as ‘self-realization’ and the ‘good life’ in ways acceptable to students of contemporary philosophy, who reject the theological and metaphysical doctrines these ideas have been tied to in the past. He insists that men get their moral standards and their ideas about what makes life worth living by reflecting on their experience; that there are no ultimate and self-evident moral principles. While admitting that moral standards are subjective in the sense that we cannot explain how men come to have them except by showing how they serve their needs, he refuses to allow that rational argument about them is therefore impossible. Since men are rational, since they have purposes and ideals and not merely desires, and since they know that to realize these purposes they must live with others, there are moral standards acceptable to all men when their function is understood.
The Foundations of Political Theory (Routledge Revivals)
by H.R.G. GreavesFirst published in 1958, The Foundations of Political Theory strives to answer essential questions of politics by studying its foundations. In this book, Mr. Greaves treats the state as only one among several associations whose function is to promote entirely human ends. He tries to reinterpret such ideas as ‘self-realization’ and the ‘good life’ in ways acceptable to students of contemporary philosophy, who reject the theological and metaphysical doctrines these ideas have been tied to in the past. He insists that men get their moral standards and their ideas about what makes life worth living by reflecting on their experience; that there are no ultimate and self-evident moral principles. While admitting that moral standards are subjective in the sense that we cannot explain how men come to have them except by showing how they serve their needs, he refuses to allow that rational argument about them is therefore impossible. Since men are rational, since they have purposes and ideals and not merely desires, and since they know that to realize these purposes they must live with others, there are moral standards acceptable to all men when their function is understood.