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The brief for this chapter is to consider kingship in the abstract, that is both how late medieval people theorised kingship but also their assumptions, prejudices and expectations about what a king could and should do. The difficulty with this task is that, although these two domains overlap, they are distinct. The hard, theoretical categories of professional thinkers are different from the unspoken assumptions that a time-travelling anthropologist might uncover. The English took their political theory from different ages and places, occasionally adapting it to fit local conditions. This might seem surprising, since the period was rocked by momentous developments in the powers of kings and what their subjects expected them to do. Established ideas can prove surprisingly resilient despite their inapplicability to changed circumstances.
In this chapter we take the two concepts as developed in Chapter 5 and bring them together conceptually and with some regard for practice. We consider the potential of objectivity in argumentation along with the view from nowhere/somewhere. We more fully consider Amartya Sen’s work with respect to the Boeing 737 MAX. We explore the potential for seeing transpositional assessments as though they are paradigms that can be shifted (as suggested by Thomas Kuhn). We return to Michael Walzer’s concepts of thick and thin and consider the potential of moral minimums in the eventual context of justice (as projected by John Rawls).
A number of philosophical themes run throughout Marx’s corpus. Foremost is his focus on free social and political relations – on emancipated people governing themselves together rather than being mastered by others. There is no doubt, however, that Marx was a sharp critic of law, justice, and right (Recht) – which Kant had argued can only be realized in a state – and that Marx’s communist social ideal is nonjuridical. A second theme is that although Marx rejects the modern deontic conception of morality, he is very much aware that his own ideal of freedom is a modern conception, which is based, like modern morality, in a view of the unique value of human persons – the “self-worth of men” as “free.” A third is Marx’s communitarian emphasis on “a community of people [organized] for their highest ends”: a “democratic” society of free people, whether organized as a state or not. It is important that Marx does not ground his democratic conception as orthodox liberal moderns do in a deontic conception of fundamental equal human authority. Ultimately, Marx’s ideas must be understood as a liberal egalitarianism of the good rather than of the right.
Although Mill learned Bentham’s utilitarianism literally at his father James Mill’s knee, Mill’s own version of utilitarianism departed from Bentham’s at key points. When Mill tried to live Bentham’s utilitarian doctrine as a youth, he was sent into a deep depression from which he was saved by reading the Romantic poetry and a romantic relationship with Harriet Taylor. This led him to reject Bentham’s “quantitative hedonism” in favor of a “qualitative hedonism” that emphasized intrinsic differences between different kinds of pleasures and held that some pleasures are “higher,” and therefore more valuable, than others. Here Mill’s view recalls Aristotle’s that pleasures resulting from exercising higher, distinctively human faculties and sensibilities are intrinsically better. Unlike Aristotle, however, Mill persisted in holding that his view is a version of hedonism, defended on nonteleological, empirical naturalist grounds. A second important departure from Bentham, was Mill’s holding that the deontic ideas of moral right and wrong are conceptually connected to accountability. This made him a “modern moral philosopher” by Anscombe’s definition and led him to defend, on these grounds, a utilitarian theory of rights and justice as well as a version of utilitarianism that was more like rule utilitarianism than act utilitarianism.
This chapter summarizes the aims, scope, and contents of the book. Both science and humanism have evolved over hundreds of years, and both are associated with influential forms of inquiry into the world. Throughout this evolution, humanism and science have been intimately connected, in ways that are crucial for thinking about whether, as a significant strand of humanist thought contends, the sciences can (or can be relied upon to) enhance the welfare of humans, other life, and the environment. It is clear that there is no necessary connection between scientific inquiry and social or moral progress; the sciences have facilitated both significant goods and significant harms. Faced today with pressing challenges to the well-being of people and the planet, our attitudes toward science call for renewed scrutiny. With chapters spanning the history of entanglements of forms of humanism and science up to the present, and case studies of the value implications of the sciences, this book asks us to think about what relationships between science and humanism we should build for the future.
Historically and conceptually, influential traditions of thought and practice associated with humanism and science have been deeply connected. This book explores some of the most pivotal relations of humanistic and scientific engagement with the world to inspire a reconsideration of them in the present. Collectively, its essays illuminate a fundamental but contested feature of a broadly humanist worldview: the hope that science may help to improve the human condition, as well as the myriad relationships of humanity to the natural and social worlds in which we live. Arguably, these relationships are now more profoundly interwoven with our sciences and technologies than ever before. Addressing scientific and other forms of inquiry, approaches to integrating humanism with science, and cases in which science has failed, succeeded, and could do more to promote our collective welfare, this book enjoins us to articulate a compelling, humanist conception of the sciences for our times. This title is also available as Open Access on Cambridge Core.
The Introduction examines the emergence and development of law and literature as an interdisciplinary field, while highlighting the ways in which eighteenth-century studies has contributed to and been shaped by the enterprise. Over the past twenty-five years, scholars have examined numerous connections between the era’s legal and literary discourses, emphasizing the formal complexities of both legal and literary texts. The chapters in this volume build upon and extend this body of work, taking up topics including the nature of legal and literary interpretation, the role of legal rhetoric in Britain’s industrial economy, the desire for and resistance to law during public health crises, the regulation of the legal profession, the emergence of the modern judicial decision, the place of law in Britain’s expanding empire, and the role of law in maintaining and rectifying gendered, racial, religious, and class-based inequalities. The Introduction presents an overview of these case studies, reflects on themes running through the volume, and offers suggestions for future work in the field.
Many eighteenth-century theorists of common law attributed its legitimacy in part to its connection to a particular location and history. However, as Britain incorporated Scotland and expanded its imperial reach abroad, British governors often attempted to carry common-law practices to new locations. In his fiction and nonfiction, Sir Walter Scott advocates maintaining Scotland’s common-law system but worries that the very cultural and legal distinctiveness he demands for Scotland prevents Scots from receiving justice under British law. Portraying the consequences of the Norman conquest in Ivanhoe (1819) and internal and external colonialism in Chronicles of the Canongate (1827), Scott demonstrates the difficulties of reconciling the role of custom in common law’s legitimacy with a centralizing imperial state. In both works, the victors’ biases toward their own law mean that history and historical fiction no longer suture past and present, and that law imposes tragedy as well as order.
Chapter 1 introduces the book’s key themes by describing the Buchanan v. Warley case in its historical social-movement context in Louisville and nationally, the legal theory behind the Supreme Court’s invalidation of racial zoning, and the 100+ years in which many subsequent land use policies and practices have segregated American landscapes and perpetuated racial injustice. The chapter provides a multi-dimensional snapshot of racially unjust land-use conditions in the U.S. more than 100 years after the nation’s missed opportunity to embrace an anti-subordination vision of land use. Based on distributive, procedural, and social justice concepts and the insights of the nine core chapters in the book, three major themes are identified: (1) racial inequity is deeply and systemically embedded in American land use in multi-faceted ways; (2) cross-disciplinary scholarly study is essential to understanding race and land use; and (3) American land use is characterized both by the intransigence of systemic racism and by social, legal, and policy changes that advance racial justice.
This State-of-the-Art review examines second language (L2) writing assessment research over the past 25 years through a framework of fairness, justice, and criticality. Recognizing the socio-political implications of assessment, the authors argue for a shift toward more equitable and socially conscious approaches. Drawing from a corpus of 869 peer-reviewed articles across leading journals, the review identifies five major themes: (1) features of writing performance, (2) rating and scoring, (3) integrated assessment, (4) teacher and learner perspectives, and (5) feedback. Each theme is reviewed for foundational findings, then critiqued through questions related to fairness and justice using a critical lens. The authors advocate for a multilingual turn in writing assessment, greater attention to teacher and student voices, and questioning dominant norms embedded in assessment practices. The review concludes with a call for future research to engage with fairness, justice, and criticality in both theory and practice, ensuring that writing assessments serve as tools for empowerment rather than exclusion.
This chapter brings into conversation two powerful, imbricated forces in contemporary Nigeria: the dramatic rise in fundamentalist religious Christian and Islamic formations that place hope and prosperity in the afterlife, and the proliferation of community-based technology projects that offer ordinary victims and survivors the power of data as a way to make sense of past and future violence. The chapter argues that these trends are imbricated both with one another and with the history of colonialism from earlier periods to the contemporary moment. The chapter raises questions about the extent to which this Nigerian case study foreshadows a more global shift away from long established (western) authorities – in particular, the law and the nation-state – and toward futures where more and more people could turn toward a kind of moral and political vigilantism, taking the tools for creating hope and meaning (back) into their own hands.
The law underwent significant changes in eighteenth-century Britain as jurists and legislators adapted doctrines to fit the needs of an increasingly commercial, industrial, and imperial society. This volume reveals how legal developments of the period shaped and were shaped by imaginative writing. Reading canonical and lesser-known texts from the Restoration to the Romantic era, the chapters explore literary engagements with libel law, plague law, marriage law, naturalization law, the poor laws, the law of slavery and abolition, and the practice of common-law decision-making. The volume also considers the language and form of legal treatises and judicial decisions, as well as recent appropriations of the period's literature and legal norms by the Christian right. Through these varied case studies, the volume deepens our knowledge of law and literature's mutual entanglements in the long eighteenth century while shedding light on legal and ethical questions that remain of concern to this day.
Analysis of court and tribunal judgments in cases where expert psychiatric evidence has been admitted reveals widespread misunderstandings and misuse of the diagnostic and statistical manuals published by the American Psychiatric Association and the similar publications of the World Health Organization. Examples are given here of cases in which their use has caused difficulties in the delivery of justice. For them to be a help and not a hindrance, it is suggested that when used there should be appropriate explanation as to their status, nature, purposes and limitations and that expert witnesses should handle them with the care that they require.
The histories of the DSM and ICD classifications are set out so as to identify weaknesses and limitations that can affect their application in medico-legal reporting. These are illustrated by reference to published judgments and three detailed case studies. The analysis and case studies identify how expert witnesses’ reliance on the DSM and ICD can be challenged in order to seek to undermine their evidence.
The conclusion draws together the findings of the book’s fifteen analytical chapters and is divided into six sections. Each section places several individual chapters in conversation with one another. First, we reflect on how the authors engaged with stability, across the four forms we developed in the introductory chapter, before the second section does the same regarding re/politicization. Third, we engage with the running theme throughout the book that stability and re/politicization are not dichotomous but rather interact, and indeed, one can be pursued to achieve the other. Fourth, we explore manifestations of depoliticization encountered within the book and find that, in practice, many regimes pursuing stability are less depoliticized than often assumed. Fifth, we bring in the importance of temporality to our studies, before finally offering concluding remarks on the book’s arguments and suggesting avenues for future research. Throughout the volume, we have presented the antagonism between stability and re/politicization in a deliberately flexible manner, and we hope others will find it – as well as our four novel forms of each approach – to be useful in their own analyses.
The introductory chapter details what is gained by using the concept of social role when studying power relations in Late Antiquity and how it ties in well with ancient ideas about why people act in the way they do. It shows how Late Antique thought and practice conceptualized social hierarchies in moral terms and argues that precisely the expectation that social and moral hierarchies coincide injects the dynamism in social interactions that this book chronicles. It also underscores that society was conceived of as held together by justice and shows how this was intertwined with hierarchical conceptions of society and the cosmos.
This introductory chapter establishes the two prevalent framings of climate governance and politics, namely an antagonism between the pursuit of stability and of re/politicization. The chapter’s first section, on stability, introduces to the field four novel understandings of stability: as the status quo, as engineering lock-in, as policy lock-in, and as long-term emissions reduction pathways. Next, re/politicization is explored, and we likewise develop four forms of re/politicization: as broader sociopolitical change, as partisan competition, as discourse, and as scholarly praxis. In each of the two sections, we illustrate our four novel forms with examples from the book. Finally, the chapter’s concluding section provides an overview of the five thematic parts that structure the volume, which are Movement Politics, Political Economy, Comparative Politics, Global Politics, and Reflections.
This chapter argues that petitions have hitherto been too narrowly studied as bureaucratic acts defined by Roman law and shifts attention to informal petitions, whereby any superior could be petitioned even when they did not have formal power, and to oral petitions, whereby immediate justice was demanded. Petitions then appear as reflecting a culture of entreaty characteristic for a hierarchical society.
Minoritized groups are often portrayed as “hard to reach” by policymakers yet face myriad obstacles in undertaking – and, in particular, shaping – climate action. For many minoritized communities, the pursuit of climate justice is inherently intertwined with achieving other goals, such as economic, gender, and/or social justice. In this chapter, we examine the experiences of climate actors from Muslim communities in the UK, finding that the politicization of climate action may shape the assumptions of policymakers behind the scenes, generating more effective and inclusive policy outputs. However, this strategy faces complex power inequalities, as Muslims face structural inequalities that hinder, or even threaten, involvement. Muslim communities face a higher probability of arrest when participating in political action, alongside worse conditions following such an arrest. Our interviewees tell us that a wider pursuit of societal justice and alternative forms of politicization beyond protests are integral to achieving more representative and effective climate action for Muslim communities.