[lit-ideas] The Philosophy of Law of Arthur Goodhart
- From: Jlsperanza@xxxxxxx
- To: lit-ideas@xxxxxxxxxxxxx
- Date: Mon, 9 Dec 2013 10:31:42 -0500 (EST)
My last post today.
Or, Oxonian Philosophy of Law.
There IS a Wiki entry for Goodhart, which includes a reference:
Darwall-Smith, Robin, A History of University College, Oxford. Oxford
University Press, 2008. ISBN 978-0-19-928429-0. The Great Benefactor: Arthur
Goodhart, pages 485–491.
and so we may proceed to trace earlier 'chairs'. Or not.
McEvoy:
>but then Oxford didn't want Popper but gave a chair to Ayer
This may be a good occasion (or not -- As Geary remarks, "For Aristotle,
every occasion is a good one") to compare Oxonian philosophy of law with
_things_.
Cheers,
Speranza
-----
Some comments from
http://www2.law.ox.ac.uk/jurisprudence/about.htm
In that site, we read that
"[The University of] Oxford [has] unparalleled strength in the philosophy
of law ever since H.L.A. Hart became our Professor of Jurisprudence in
1952."
Before then, the chair (since McEvoy was mentioning them) wasn't felt to be
necessary (to sit).
"Nearly six decades later, according to the Philosophical Gourmet Report
2011, Oxford University continues to be the world leader in legal philosophy,
and by a wide margin: no school anywhere else in the English-speaking
world has either Oxford's depth or breadth."
Oddly, in the Latin-speaking world, it's "Roman Law" that matters!
References from Wiki, "Roman law":
W. W. Buckland,
A Textbook of Roman Law from Augustus to Justinian, Cambridge: University
Press, 1921.
Fritz Schulz,
History of Roman Legal Science, Oxford: Clarendon Press, 1946.
Peter Stein,
Roman Law in European History.
Cambridge University Press, 1999 (ISBN 0-521-64372-4).
Andrew Borkowski and Paul Du Plessis,
Textbook on Roman law.
Oxford University Press, 3rd Ed. (ISBN 0-19-927607-2).
Barry Nicholas,
An Introduction to Roman Law.
Rev. ed. Ernest Metzger. Clarendon Press, 2008 (ISBN 978-0-19-876063-4).
Jill Harries,
"Law and Empire in Late Antiquity" Cambridge, 1999 (ISBN 0-521-41087-8).
Gábor Hamza,
Das römische Recht und die Privatrechtsentwicklung in Russland im modernen
Zeitalter In: Journal on European History of Law, London: STS Science
Centre, Vol. 1, No. 2, pp. 20 – 26, (ISSN 2042-6402).
The Oxonian site goes on:
"Legal Philosophy in Oxford is an interdepartmental collaboration."
Implicated: between members of the Sub-Faculty of Philosophy, and the
Faculty of Law.
---- This is different from saying that 'legal philosophy' is the joint
output of a philosopher and a lawyer.
The site goes on:
"The Law Faculty and the Philosophy Faculty, as well as the Department of
Politics, contribute extensively to research and teaching in the subject, as
do numerous Oxford colleges."
Note that in the above, "Department of Politics" is also mentioned. It's
what Geary calls a 'tri-laboration' (he restricts 'collaboration' for dyadic
parties).
"... as do numerous Oxford colleges" is perhaps redundant --. As a visitor
was once told by Ryle: "There is no such thing as the University of Oxford;
there's only Oxford colleges". He was _wrong_.
The online site goes on:
"The subject benefits from two dedicated University chairs,"
since McEvoy was mentioning them. Oddly, in one of the first universities,
the one in Paris, there were no chairs -- originally:
From Wiki, "University of Paris"
"The medieval Latin term universitas had the more general meaning of a
guild. The
university of Paris was known as a universitas magistrorum et scholarium (a
guild of masters and scholars),
by contrast with the Bolognese universitas scholarium."
----
The Etymology Online site is useful in this respect:
"chair", "meaning "office of a professor" (1816) is extended from the seat
from which a professor lectures (mid-15c.)."Meaning "seat of a person
presiding at meeting" is from 1640s."
The site goes on to note: "chair" "as short for electric chair", is later,
only "from 1900."
----
The two chairs in Oxford are
"currently held by ... and ... "
and then there's a
"University Lecturership",
"currently held by ..."
The site goes on:
"A dozen other permanent University posts are held by philosophers of law."
"Our community of doctoral students runs [in number, not in actual
activity] to 30 or more, and our courses are attended by hundreds of graduate
and
undergraduate students every year."
"And then there are the numerous academic visitors from around the world
who come to pursue their work in our uniquely conducive environment."
The site proceeds to provide a pretty long list of what it labels "Oxford
legal philosophers"
And then there's a note on Hart,
"the son of a Jewish tailor of Polish and German descent."
"[Hart] was persuaded by JL Austin to be a candidate for the Oxford chair
of Jurisprudence when Professor Arthur Goodhart resigned."
So, one wonders if the lack of a philosophy of law in the work of Arthur
Goodhart (oddly, the surname includes "hart" -- although in this case, I
assume it is an etymological misspelling for 'heart', as in "good heart", and
not the animal).
I wonder if Wikipedia has an entry for Arthur Goodhart. It should be noted
that "no philosophy of law" should count as "philosophy of law"
(analogically: the sceptical, who denies such thing as philosophical
knowledge, does
count as a philosopher -- philosophy being a trick subject-matter).
"Hart was elected and held the chair until 1969."
"From 1952 on, Hart delivered the undergraduate lectures that turned into
The Concept of Law (1961, posthumous second edition 1994)."
"Hart also lectured on right and duties, but these lectures were never
published."
But they SHOULD.
"He held seminars with Tony Honoré on causation, leading to their joint
work Causation in the Law (1959, second edition 1985)."
"His visit to Harvard in 1956-7 led to his Holmes lecture on 'Positivism
and the Separation of Law and Morals' (1958) and a famous controversy with
Lon Fuller."
"Returning to the UK he engaged in an equally famous debate with Patrick
Devlin on the limits within which the criminal law should try to enforce
morality."
"Hart published two books on the subject, Law, Liberty and Morality (1963)
and The Morality of the Criminal Law (1965)."
"A wider interest in criminal law, stimulated by Rupert Cross was
signalled by his 'Prolegomenon to the Principles of Punishment' (1959)."
"Nine of his essays on the criminal law were collected in Punishment and
Responsibility (1968)."
Hart was "succeeded by Ronald Dworkin, a severe critic of his legal
philosophy."
Hart went on to devote himself "mainly to the study of Bentham, whom, along
with Kelsen, he regarded as the most important legal philosopher of modern
times. Ten of his essays were collected in Essays on Bentham (1982)."
Hart became "much concerned to find a convincing reply to Dworkin's
criticisms of his version of legal positivism."
"A sketch of Hart's reply is to be found in the postscript to the second
edition of The Concept of Law."
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