Book Reviews

Book reviewed in this article: Wolfgang Friedmann, Law in a Changing Society * 2nd edition * This review was written in August 1972. Scarcely a month later came the shocking news of Friedmann's death at the hands of three young thugs, a few blocks away from New York's Columbia University, where he was professor of international law. This event tragically underlines the very subject of his last work, namely, the importance of law in contemporary society. The world owes a debt of gratitude to Friedmann who left his native Germany as a refugee from the Nazi regime, and subsequently taught law and conducted legal research at several universities in Europe, Australia and North America. Frank McFadzean et al., Towards an Open World Economy. Report by an Advisory Group David Lane, The End of Inequality? Stratification under State Socialism     

Science in reflection

The predication of the eternal law served as premise and and foundation for the existence of the law of nature in the classical/medieval intellectual inheritance of Thomas Hobbes and his contemporaries. Unlike them, he makes no mention of the eternal law in his early writings, The Elements of Law Natural and Politic, and On the Citizen. His triple use of the expression eternal law of God in Leviathan is ambiguous and misleading. Instead , he is one of the first writers in English to assert the eternity of the law of nature. He does that by invoking a biblical-based expression, verbum aeternum. In On the Citizen, and its exegetical, theological identification with Christ, to establish that claim. In Leviathan he repeats his declaration that the law of nature is eternal nine times, spread across more than five Chapters and twelve hundred pages. Four of them are equivalently excised from the Latin Leviathan and the others remain brief assertions, unanalyzed and undefended, rendering their effect incidental and perfunctory. He also abandons the expression verbum aeternum (as well as eternal word, which he never uses).     

Legislating the Melanesian Way: Bernard Narokobi and the Law Reform Commission of Papua New Guinea

Abstract

A common criticism of Bernard Narokobi is that his vision of the ‘Melanesian Way’ was vague and imprecise. This article argues against this claim by describing the activities Narokobi undertook as the head of the Law Reform Commission of Papua New Guinea (1975–8). Using the example of his suggested revision of adultery laws, this article shows that Narokobi realized his abstract vision of the Melanesian Way in the most concrete and specific way possible: by attempting to reform the law. Much of Narokobi's legal reform work was unsuccessful, but a full understanding of his philosophy can only be achieved by reading his legal work alongside his published writings like The Melanesian Way.     

The Locke Essay: Achievement and Promise

Abstract

Strauss's essay on Locke is devoted to Locke's early lectures on the law of nature, a text unpublished when he initially wrote on Locke in Natural Right and History. One purpose of his essay was to show that the Locke text did not contradict the position on the law of nature that Strauss had earlier attributed to him. Strauss also used the essay as an opportunity to further his own reflections on traditional natural law doctrine.     

‘The Materialls for the Building’: Reuniting Francis Bacon’s Sylva Sylvarum and New Atlantis

Bacon’s Sylva Sylvarum and his New Atlantis both appeared soon after his death, edited by his chaplain, Rawley. The works are, on the face of it, dissimilar, and have been treated as unrelated, on the assumption that Rawley was merely attempting to rush out (in the wake of his employer’s death) two works that had occupied his last years. In order to establish just what their relation is, we need to establish, first, whether New Atlantis was simply a last‐minute addition to the Sylva volume; second, what Rawley says about their association and how he effects it; and third, whether the two works have other concerns in common that would have led Bacon himself to consider them as companion pieces. Such an examination shows that there were intrinsically connected pieces, and can be used to throw light on the aims of both works.     

God,Justice and Society

Abstract

This non-evaluative overview of God, Justice, and Society: Aspects of Law and Legality in the Bible summarizes Jonathan Burnside’s introduction to biblical law and his demonstration of its value as a resource for modern legal issues     

On the Values of Biblical Law and their Contemporary Application

Abstract

In God, Justice, and Society: Aspects of Law and Legality in the Bible (Oxford University Press, 2011), Jonathan Burnside sets himself a dual task: on the one hand (and primarily), to examine historically many biblical texts whose subject-matter has counterparts in modern law, and to identify their values; on the other to argue for the relevance of these texts to public debate on such issues in modern law. His semiotic methodology has much in common with my own (as he has graciously acknowledged). In this paper, stimulated by his work, I seek to sketch the academic context from which it arises, and pose some further questions prompted by reflection on his work.     

夏同龢《行政法》简论

清光绪朝戊戌科状元夏同龢,是中国历史上第一个以状元身份留学日本的留学生,是中国行政法历史上最早编写《行政法》的法学家之一;他同时也是出色的法学教育家,广东法政学堂的创办者;还是中华民国国会众议院议员,宪法起草委员会理事,参与了《天坛宪法》的起草;既任过多个行政职务,还是很有才能的社会活动家。但他留给后世最有意义的是他编写的《行政法》,该《行政法》无论从编写水平、出版的时间还是其内容的丰富详实方面,都无庸置疑地确立了他作为中国行政法历史上的先驱者的地位。     

Legal learning and saintly authority in thirteenth-century hagiography: the Magna vita sancti Hugonis

Law is central to the construction of sanctity in Adam of Eynsham’s Magna vita of Hugh of Lincoln (1186–1200). Hugh had no formal training in canon law, and, beyond the Magna vita, there is no evidence to suggest that he was a particularly proficient judge. If that lack of legal training was not a problem in Hugh’s lifetime, it had become a more sensitive issue by c.1212, the date of the composition of the Magna vita. Rather than ignoring the law, or denying its importance, Adam attempted to demonstrate that Hugh received mastery of legal argument as a divine gift, and multiple miracles involve Hugh correcting legal scholars. Recognising these careful patterns of construction raises problems for reading Adam’s Magna vita. While Adam has traditionally been characterised as a truthful biographer, this reading suggests he was engaged in a more complex project of marrying sanctity to legal learning.     

How the News was brought from Byzantium to Angoulême; or,The Pursuit of a Hare in an Ox Cart

Abstract

Adémar of Chabannes (988-1034) of noble family, a-monk in the monastery of St. Cybard (Eparchus) at Angoulême, compiled a Chronicon in three books. The first begins with the origins of the Franks and ends with the death of Pepin the Short in 768; the second deals with the reign of Charlemagne; the third covers the years 814 to 1030. The first two books and the first fifteen chapters of the third (down to the year 877) are wholly derivative from identifiable sources. But from chapter sixteen onward the third book provides valuable information chiefly on the period 877-1030 in Aquitaine, presumably drawn from local written sources and from the memories of Adémar's associates. These included notably his two uncles, who were attached to the monastery of St. Martial at Limoges, as was Adémar himself in his youth. It was at St. Martial that on a stormy night in 1010 Adémar had a vision in the heavens of a fiery Cross with Christ upon it weeping a great river of tears: an experience that rendered him so thunderstruck (attonitus) that he kept it secret in his heart until many years later when he was nearing the end of his Chronicon. Then he wrote it down. From St. Martial he returned at the age of twenty-two to St. Cybard, took orders, and spent his life in writing. The‘original’chapters of his Chronicon only occasionally evince any interest in or knowledge of events in France north of Loire.     

Vattel's theory of the international order: Commerce and the balance of power in the Law of Nations

Vattel's Law of Nations (1758) claimed that a system of independent states could maintain the liberty of each without undermining the ideal of an international society. The chief institution serving this purpose was the balance of power. In Vattel's account, the balance of power could be stabilized if it operated primarily through a process of commercial preferences and restrictions. These limits on how states ought to defend themselves were grounded in Vattel's thoroughly forgotten writings on the mid-eighteenth-century luxury debates, which addressed the political economy of reforming the state and pacifying the international order. An examination of Vattel's Law of Nations in this context shows that his approach to the law of nations should not be dismissed as a capitulation to the harsh reality of international politics.     

Dr. Oliver Wendell Holmes on phrenology: Debunking a fad

ABSTRACT

Oliver Wendell Holmes, Sr. (1809–1894) was a Boston physician, a professor of medicine at the Harvard Medical School, and a writer of prose and poetry for general audiences. He was also one of the most famous American wits of the nineteenth century and a celebrity not bashful about exposing costly, absurd, and potentially harmful medical fads. One of his targets was phrenology, and the current article examines how he learned about phrenology during the 1830s as a medical student in Boston and Paris, and his head-reading with Lorenzo Fowler in 1858. It then turns to what he told readers of the Atlantic Monthly (in 1859) and Harvard medical students (in 1861) about phrenology being a pseudoscience and how phrenologists were duping clients. By looking at what Holmes was stating about cranioscopy and practitioners of phrenology in both humorous and more serious ways, historians can more fully appreciate the “bumpy” trajectory of one of the most significant medical and scientific fads of the nineteenth century.     

Leviathans Old and New: What Collingwood Saw in Hobbes

Summary

R. G. Collingwood presented his major work of political philosophy, The New Leviathan, as an updated version of Thomas Hobbes's Leviathan. However, his reasons for taking Hobbes's great work as his inspiration have puzzled and eluded many Collingwood scholars, while those interested in the reception of Hobbes's ideas have largely neglected the New Leviathan. In this essay I reveal what Collingwood saw in Hobbes's political philosophy and show how his reading of Hobbes both diverges from other prominent interpretations of the time and invites us to reassess Hobbes's complex association with the origins of liberalism. In doing so, I focus on Collingwood's science of mind, his ideas on society and authority, and his dialectical theory of politics, in each case showing how he engaged with Hobbes in order to elucidate his own vision of civilisation. That vision is based on the development of social consciousness, which involves people coming to understand the body politic as a joint enterprise whereby they confer authority upon those who rule.     

Anatomy of the Superman: Gabriele D’Annunzio’s Response to Nietzsche

This essay explores D’Annunzio’s reception of Nietzsche—particularly his sociopolitical theory and idea of the Übermensch—as dramatized in his novel Le Vergini delle rocce (The Maidens of the Rocks). D’Annunzio’s attitude towards Nietzsche was complicated and contradictory, varying from fascination and rivalry to rejection and negation: rather than a philosopher or master, he saw Nietzsche as a poet and soulmate. Like many writers and artists of fin-de-siècle Europe, D’Annunzio too was attracted by Nietzsche’s elitist social theory and Übermensch, of which he presents his own version especially in Maidens of the Rocks. In the novel, the young aristocrat Claudio Cantelmo aspires to overcome himself. However, the fact that Cantelmo fails to achieve his dream of fathering a New King of Rome, reveals D’Annunzio’s deep skepticism about contemporary Italy as well as his own “decadent” soul.     

‘Discipline and Interference’: Ruskin's Political Economy,Natural Law,and the Moral Disorder of Victorian England

When Ruskin turned from art and architectural studies towards political economy in the late 1850s works such as Unto This Last, Munera Pulveris and Time and Tide met with negative critical reactions. In these works he attempted to restore to the language of Victorian political economy the moral content which, he argued, had been lost since the time of Adam Smith, under a cloak of misleading scientific terminology associated with utilitarian ‘orthodox political economy’. In doing so, he resorted to pre-Enlightenment sources of political and economic practice. His study of classical, Biblical, medieval and selected renaissance texts led him to gradually embrace older natural law arguments which contrasted sharply with the assumptions of post-Enlightenment positivist forms of natural law and science. These older and more organic natural law based understandings informed the principles by which he established his ideas on economics as well as his late social experiment, the Guild of St George. The charter and oath of the Guild illustrates how Ruskin's early upbringing in the Protestant Evangelical tradition was replaced by a more comprehensive natural law tradition of ethics.     

What is Social Economics?

During the 1950s at the latest, Max Weber became a ‘founding father’ of sociology, chiefly on the basis of a restricted set of canonical writings and without any consideration of his wider relationships to law, economics and politics. During the last ten years of his life he was responsible for a major collaborative work, the Grundriss der Sozialökonomik—Outline of Social Economics. The title was of his own choosing; and so it might well shed new light on his work if we consider how this work was organised, and how Economy and Society, written as a contribution to this handbook, was intended to form part of it.     

Colonies and Colonisation in Bulwer Lytton’s The Caxtons,A Strange Story and The Coming Race

Sir Edward Bulwer Lytton, an eminently popular novelist, published The Caxtons in 1849. Though sub-titled A Family Picture and mainly concerned with domestic life, it included a lengthy disquisition on colonisation and emigration, its value to British society and its role in extending civilisation by spreading ‘God’s law, improvement’. His colonial example was ‘Australia’. A Radical MP in the 1830s, but opposed to the encroachment of ‘democracy’ and supportive of the Corn Laws, in the early 1850s Lytton turned to the Conservative Party. In 1858–59 he served as secretary of state for the colonies. In the light of his experience, his view of Australia and of self-governing colonies was modified, as A Strange Story (1862) shows. But in 1871, in The Coming Race, an elaborate satire on democracy and egalitarianism, he made a distinct addition to the colonial theme of The Caxtons. He did not doubt that ‘improvement’ and colonisation produced evidence of ‘the triumph of civilization’, but a metaphor embedded in the later novel indicated the inevitability of displacement of aboriginal inhabitants by Anglo-Saxon settlers.     

Between friendship and justice: on Lincoln’s political thought

Reading Aristotle and applying his notion of philia, or political friendship, across 26 centuries sheds significant light into Abraham Lincoln’s career. It is precisely in Lincoln’s embodiment of the Aristotelian notion of friendship that we come to understand his unique greatness. Perhaps he alone of all Americans proved capable of such extraordinary feats as leading the Republican party to victory in 1860, holding the Union together through the secession crisis and four long years of bloody civil war, ending slavery without white backlash, and offering reconciliation with the incredible magnanimity expressed in the ringing phrases of the Second Inaugural address. The basis of Lincoln’s preternatural political genius proved to be his ability to comprehend all sides, a comprehension that can only come from a profound belief in the importance of friendship. Americans, Lincoln argued throughout a terrible war as he had his entire life, were not enemies but friends who shared a commitment to nature and nature’s law as expressed in the Declaration.