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The Utilitarian Influence on American Legal Science in the Early Republic
1 The Utilitarian Influence on American Legal Science in the Early Republic Steven J. Macias California Western School of Law [email protected] (rev. 9/8) In Utilitarian Jurisprudence in America, Peter King held up Thomas Cooper, David Hoffman, and Richard Hildreth, as those early American legal thinkers most notably influenced by Bentham.1 For King, Hildreth represented “the first real fruition of Benthamism in America,” whereas Cooper’s use of Bentham was subservient to his Southern ideology, and Hoffman’s use was mainly to “reinforce” a utilitarianism otherwise “derived from Paley.”2 Although Hildreth’s work falls outside the timeframe of early-American legal science, Cooper’s and Hoffman’s work falls squarely within it. What follows is, in part, a reevaluation of Cooper and Hoffman within the broader context of early republican jurisprudence. Because Cooper became an advocate of southern secession late in life, too many historians have dismissed his life’s work, which consisted of serious intellectual undertakings in law and philosophy, as well as medicine and chemistry. Hoffman, on the other hand, has become a man for all seasons among legal historians. His seven-year course of legal study contained such a vast and eclectic array of titles, that one can superficially paint Hoffman as advocating just about anything. As of late, Hoffman has been discussed as a leading exponent of Scottish Common Sense philosophy, second only to James Wilson a generation earlier. This tension between Hoffman-the-utilitarian and Hoffman-the-Scot requires a new examination. A fresh look at the utilitarian influence on American jurisprudence also requires that we acknowledge 1 PETER J. -
A Firefighter's Walk to Christianity | Don Mcnea Fire School
A Firefighter’s Walk to Christianity Enclosed you will find Bible verses that are pertinent to a firefighter’s walk to Christianity. Please feel free to download and print the 26 pages of this document. We all know that, as firefighters, we face more temptation than others may due to our time off. Therefore, our walk with the Lord needs to be stronger. We hope this will help you on a walk to Christianity. May God Bless You! This book is dedicated to the Reverend John Higginbotham, a mighty man of God, whose only desire in life was to be a blessing to anyone he came in contact with. The Ten Commandments 1. I am the LORD your God. You shall worship the Lord your God and Him only shall you serve. 2. You shall not take the name of the Lord your God in vain. 3. Remember to keep holy the Sabbath day. 4. Honor your father and your mother. 5. You shall not kill. 6. You shall not commit adultery. 7. You shall not steal. 8. You shall not bear false witness against your neighbor. 9. You shall not covet your neighbor's wife. 10. You shall not covet your neighbor's goods. 7 STEPS TO VICTORY 1. I know. 2. I believe 3. I’m persuaded. 4. He is able. 5. He keeps. 6. Committed. 7. Against that day. The Gospel According to Matthew Chapter 5 – The Beatitudes 3-12. Blessed are the poor in spirit, for theirs is the kingdom of heaven. Blessed are they who mourn, for they will be comforted. -
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[PDF] the WALKING DEAD VOL 8 MADE to SUFFER by AMAZON INC ~! [Pdf] the Walking Dead Vol 8 Made to Suffer
~! [PDF] THE WALKING DEAD VOL 8 MADE TO SUFFER by AMAZON INC ~! [PdF] The Walking Dead Vol 8 Made to Suffer. BOOK BY AMAZON INC. Choosing one thing to read, whether or not it is a novel, magazine, or comic book, could be emotional. All of us have read books that leave us breathless as we tell a buddy the plot. For kids, that emotion is escalated to the nth degree, due to the fact choosing just the ideal book is a declaration of independence as a reader and a commitment to a new journey. These articles offer invaluable ideas on all kinds of books, like getaway reads and everyones favorite-picture books. There are also guidelines to assist you pick multicultural books, which reflect RIF commitment to enhancing literacy by means of book distributions: By introducing young readers to new men and women and places, they will start to view equivalent human qualities that are popular bonds involving all people and find out the fantastic differences that distinguish a single culture from a different. This pages features details of The Walking Dead Vol 8 Made to Suffer, along with other about The Walking Dead Vol 8 Made to Suffer by Amazon Inc. To have additional information about the The Walking Dead Vol 8 Made to Suffer, please talk about the link listed below button and obtain the data file or have accessibility to additional information that are highly relevant to THE WALKING DEAD VOL 8 MADE TO SUFFER. READ: THE WALKING DEAD VOL 8 MADE TO SUFFER We are the number #1 books library that have many kind of different eBooks in our database lists. -
Arguments from Design
Arguments from Design: A Self-defeating Strategy? Victoria S. Harrison University of Glasgow This is an archived version of ‘Arguments form Design: A Self-defeating Strategy?’, published in Philosophia 33 (2005): 297–317. Dr V. Harrison Department of Philosophy 69 Oakfield Avenue University of Glasgow Glasgow G12 8LT Scotland UK E-mail: [email protected] Arguments from Design: A Self-defeating Strategy? Abstract: In this article, after reviewing traditional arguments from design, I consider some more recent versions: the so-called ‘new design arguments’ for the existence of God. These arguments enjoy an apparent advantage over the traditional arguments from design by avoiding some of Hume’s famous criticisms. However, in seeking to render religion and science compatible, it seems that they require a modification not only of our scientific understanding but also of the traditional conception of God. Moreover, there is a key problem with arguments from design that Mill raised to which the new arguments seem no less vulnerable than the older versions. The view that science and religion are complementary has at least one significant advantage over other positions, such as the view that they are in an antagonistic relationship or the view that they are so incommensurable that they are neither complementary nor antagonistic. The advantage is that it aspires to provide a unified worldview that is sensitive to the claims of both science and religion. And surely, such a worldview, if available, would seem to be superior to one in which, say, scientific and religious claims were held despite their obvious contradictions. -
Theories of Non-Productivity in Victorian Contexts This Dissertation
1 Chapter One Impossible Economies: Theories of Non-Productivity in Victorian Contexts This dissertation is about a set of key paradoxes in Victorian thought. In general terms, it defines a series of interlocking mental habits at mid-century, and maps the diverse deployments of those habits in contemporary locations of knowledge. My focus resides with several formative scientific studies that I read alongside parallel developments in the realist novel, moral philosophy, and social critique. But my main purpose in doing so is not to re-construct the lines of a distinct disciplinary formation so much as to recover a richer range of cultural confluences and epistemic patterns. More precisely, I discuss the ways in which major Victorian texts understood the shifting boundaries between the individual and the group—and, namely, the breakdown of cooperative bonds. Whereas older norms of natural explanation had emphasized the reciprocal relationship between part and whole, in keeping with the watch-like regularities promulgated by natural theology, these texts turned time after time to the function of the prodigal part--the exception that failed to signify within the larger life of the group. This emphasis held equally true in theories of human bodies, of communities, and of the created cosmos at large. To inquire into the natural order, in this context, was to note the recurrence of those elements which were wasteful or otherwise non- productive within the orderly operations of the whole. The paradoxes that emerged 2 among this state of affairs, and their relation to the formal and perspectival patterns of the novel, form my central concerns in the chapters to follow. -
Theological Utilitarianism and the Eclipse of the Theistic Sanction
Tyndale Bulletin 42.2 (Nov. 1991) 226-244. THEOLOGICAL UTILITARIANISM AND THE ECLIPSE OF THE THEISTIC SANCTION Graham Cole Utilitarianism as a moral philosophy ‘is essentially English’, and, ‘constitutes the largest contribution made by the English to moral and political theory’, according to Oxford philosopher John Plamenatz.1 Although there were similar philosophies on the Continent at the time, for Plamenatz the four great utilitarians remain Hume, Bentham, James Mill and his son, John Stuart Mill. (What the Scot David Hume may have thought of being included amongst the English, Plamenatz does not pause to consider). Still others have pointed out that utilitarian moral theory is of no mere antiquarian concern, but represents a living philosophical tradition.2 Indeed, Alan Ryan describes it as ‘the best known of all moral theories’.3 Theological utilitarianism, on the other hand, is not a living philosophical tradition. Its last great exponent, William Paley, died in 1805. If it is mentioned at all by scholars and its history rehearsed, then the object is to set the scene for Bentham and Mill. After that the category becomes otiose. Indeed some scholars do not employ the expression ‘theological utilitarianism’ at all in their discussions of the period, and others, if they do, they do so in a highly qualified way.4 However, as a tradition of moral thought 1John Plamenataz, The English Utilitarians, (Oxford 1949) 1-2. 2Anthony Quinton, Utilitarian Ethics, (London & Basingstoke 1973) for a useful account. 3See his introduction to Utilitarianism and other Essays: John Stuart Mill and Jeremy Bentham (Harmondsworth 1987) 7. 4The Encyclopaedia of Philosophy provides a good illustration. -
Art of Judging
NEW YORK UNIVERSITY LAW REVIEW VOLUME 71 JUNE 1996 NUMBER 3 THE ART OF JUDGING STEWART G. POLLOCK* In the second annual William J. Brennan, Jr. Lectur4 New Jersey Supreme Court Justice Stewart G. Pollock explores the relationship between art and adjudication. The separationof powers, the federalist system, and the inherent constraints of the common law confine state courts. Notwithstanding those constraints,state courts have demonstrated creativity when interpretingstate statutes and constitutionsand when adapting the common law to changing conditions. Thus, Justice Pollock fnds artistry in the work of state courts. He begins by exploring creativity in statu- tory interpretation. Then, Justice Pollock examines two areasof substantive law of greatpublic concern: public-school-financelitigation under state constitutions and the common-law redefinition of the modem family. Justice Pollock demonstrates how state appellate courts, through public-school-finance litigation, have shaped the constitutionalright to a public-school education. Justice Pollock then discusses how state courts have reacted to the changing composition of the American family. By recognizing these changes, state courts have redefined the family in areas as diverse as zoning ordinances, surrogacy agreements, and same-sex marriages. Common to all these endeavors is protection of the inherent dignity of the individ- ual Justice Pollock concludes that an appreciationof the similarities between art and judging may lead to a better understandingof the judicial process. Delivering the Brennan Lecture in Vanderbilt Hall is for me deeply moving. Justice Brennan graced the New Jersey Supreme Court for four years before starting his remarkable service on the United States Supreme Court. Also, this building is named for the former dean of this law school and the Chief Justice of the New Jersey Supreme Court with whom Justice Brennan served, Arthur T. -
Globalizing Bentham
Globalizing Jeremy Bentham The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Armitage, David R. 2011. Globalizing Jeremy Bentham. History of Political Thought 32(1): 63-82. Published Version http://www.ingentaconnect.com/content/imp/ hpt/2011/00000032/00000001/art00004 Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:11211544 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#OAP - 1 - GLOBALIZING JEREMY BENTHAM1 David Armitage2 Abstract: Jeremy Bentham’s career as a writer spanned almost seventy years, from the Seven Years’ War to the early 1830s, a period contemporaries called an age of revolutions and more recent historians have seen as a world crisis. This article traces Bentham’s developing universalism in the context of international conflict across his lifetime and in relation to his attempts to create a ‘Universal Jurisprudence’. That ambition went unachieved and his successors turned his conception of international law in more particularist direction. Going back behind Bentham’s legacies to his own writings, both published and unpublished, reveals a thinker responsive to specific events but also committed to a universalist vision that helped to make him a precociously global figure in the history of political thought. Historians of political thought have lately made two great leaps forward in expanding the scope of their inquiries. The first, the ‘international turn’, was long- 1 History of Political Thought, 32 (2011), 63-82. -
Rethinking the Connection of Metaphor and Commonplace
RETHINKING THE CONNECTION OF METAPHOR AND TOPOS MAREIKE BUSS & JÖRG JOST RWTH AACHEN 1. Introduction Having survived the «death of rhetoric» (R. BARTHES 1985: 115), metaphor has become the centre of intensive research by philosophers of language and linguists in the twentieth cen- tury. Nowadays it is widely accepted that metaphor is not reducible to «a sort of happy extra trick with words» (I. A. RICHARDS [1936] 1964: 90), but is rather said to be a funda- mental principle of linguistic creativity with an invaluable cognitive function and heuristic potential. Topos or rather commonplace has, in contrast, a predominantly negative connota- tion in everyday and scientific language. Topos, which originally designated the place where to find the arguments for a speech, has become the cliché, the worn out phrase, or the stereotype. Nevertheless, there are numerous critical studies focusing on topoi in their heu- ristic and argumentative function. Aristotle’s Art of Rhetoric is one of the first and most important ‘textbooks’ for speech production. Following Aristotle, the purpose of rhetorical speech consists in persuading by argumentation. In this respect he defines rhetoric as «the faculty of discovering the possible means of persuasion in reference to any subject whatever.» (Rhetoric I, 1355b/14,2). Now, persuasion presupposes – as any perlocutionary act – that the utterances have been under- stood by the audience, in short: it presupposes (text) comprehension.1 When analysing the first three phases of rhetoric – heuresis, taxis and lexis – two features in particular stand out on account of the role they play in argumentation: topos and metaphor, which are treated in the heuresis and the lexis.2 Metaphor works in a heuristic and aesthetic manner, while topos operates in a heu- ristic and logical manner. -
Virtue and Rights in American Property Law Eric R
Cornell Law Review Volume 94 Article 14 Issue 4 May 2009 Virtue and Rights in American Property Law Eric R. Claeys Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Eric R. Claeys, Virtue and Rights in American Property Law, 94 Cornell L. Rev. 889 (2009) Available at: http://scholarship.law.cornell.edu/clr/vol94/iss4/14 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. RESPONSE VIRTUE AND RIGHTS IN AMERICAN PROPERTY LAW Eric R. Claey4 INTRODUCTION: ON VIRTUE AND FRYING PANS In Plato's Republic, Socrates persuades his conversationalists to help him construct a city organized around commerce. Glaucon, who has an idealist streak, dismisses this city as a "city of pigs."1 In re- sponse, Socrates sketches for Glaucon an ideal city ruled by the most virtuous citizens-the philosophers. 2 To make the city as just and har- monious as possible, the philosophers abolish the institution of pri- vate property. They require the auxiliary citizens to use external 3 assets only in cooperation, to contribute to common civic projects. This conversational thread presents a tension that is simply un- solvable in practical politics in any permanent way. Politics focuses to an important extent on low and uncontroversial ends, most of which are associated with comfortable self-preservation. -
Download the Walking Dead Vol 8 Made to Suffer Pdf Book by Robert Kirkman
Download The Walking Dead Vol 8 Made to Suffer pdf book by Robert Kirkman You're readind a review The Walking Dead Vol 8 Made to Suffer ebook. To get able to download The Walking Dead Vol 8 Made to Suffer you need to fill in the form and provide your personal information. Book available on iOS, Android, PC & Mac. Gather your favorite ebooks in your digital library. * *Please Note: We cannot guarantee the availability of this ebook on an database site. Book File Details: Original title: The Walking Dead, Vol. 8: Made to Suffer Series: The Walking Dead (Book 8) 136 pages Publisher: Image Comics; First Edition edition (July 15, 2008) Language: English ISBN-10: 1582408831 ISBN-13: 978-1582408835 Product Dimensions:6.4 x 0.5 x 10.1 inches File Format: PDF File Size: 8232 kB Description: The world we knew is gone. The world of commerce and frivolous necessity has been replaced by a world of survival and responsibility. An epidemic of apocalyptic proportions has swept the globe, causing the dead to rise and feed on the living. In a matter of months society has crumbled: no government, no grocery stores, no mail delivery, no cable TV.... Review: I got the kindle version and it was hard to read the larger panels on my small phone screen. It was perfectly fine on a larger tablet.If you are a fan of the show and havent read this, I will warn you that there are substantial differences. It is as if a drunk person explained the plot of the comic books to the screenwriter in a loud bar, and them.. -
From Blackstone's Common Law Duty of Parents to Educate Their
Forum on Public Policy From Blackstone’s Common Law Duty of Parents to Educate Their Children to a Constitutional Right of Parents to Control the Education of Their Children Robert A. Sedler, Distinguished Professor of Law, Wayne State University, Detroit, Abstract Blackstone’s Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was “of far the greatest importance.” Early on American courts cited Blackstone for the proposition of the common Iaw duty of parents educate their children. As the nineteenth century progressed, public and private schools were formed in most American states, and a number of states enacted compulsory education laws. American states also sometimes also enacted laws that interfered with the freedom of parents to direct the education of their children. In 1919, in the wake of the anti-German hysteria of World War I, Nebraska passed a law that prohibited the teaching of German in the Lutheran sectarian schools. In 1922, Oregon passed a law prohibiting parents from enrolling their children in private and sectarian schools. The Supreme Court held that both of these laws were unconstitutional under the Fourteenth Amendment’s due process clause, because they interfered with the liberty of parents to control the education of their children. In the United States, Blackstone’s common law duty of parents to provide an education for their children had evolved into a constitutional right of parents to control the education of their children. Introduction American constitutional law is similar in many ways to the common law.