Institute of Legal and Constitutional Researchhttps://hdl.handle.net/10023/87412024-03-29T14:13:47Z2024-03-29T14:13:47ZPathways and practice : the general practitioner in nineteenth-century DundeeCampbell, Morag Allanhttps://hdl.handle.net/10023/171222023-04-18T23:50:57Z2018-08-17T00:00:00ZAlthough the care of the basic medical needs of much of the population, or what might be termed general medicine, accounted by the mid nineteenth century for the work of the majority of medical men in Britain, those who practiced within this field were an irregular group of practitioners who had evolved from the surgeon- apothecaries and man midwives of the eighteenth century, and who formed an unspecific mix of medical men with different qualifications, training and experiences. Increasing legislation forced the radical development of the medical profession by the end of the century and, in a changing climate of education and opportunity, medical men competed for professional survival. This they did through the cultivation and exploitation of ‘community niches’ to gain professional recognition (Digby, 1999, p. 261). The medical establishment in mid-nineteenth-century Dundee was made up of a diverse group of practitioners, in terms of education, qualification and experience, much of which still reflected the pathways and practices of the late eighteenth century. Dominated by leading medical families and intricate social networks, the medical community increasingly established itself in a distinct quarter within the city, and entrenched itself in the wider community through public appointments and civic office. This paper will explore the landscape of medical practice in this local ‘niche’, examining the ways in which the resident medical men created themselves both as individual practitioners with status and influence – the newly emerging ‘general practitioners’ – and as a distinct and respected professional community.
2018-08-17T00:00:00ZCampbell, Morag AllanAlthough the care of the basic medical needs of much of the population, or what might be termed general medicine, accounted by the mid nineteenth century for the work of the majority of medical men in Britain, those who practiced within this field were an irregular group of practitioners who had evolved from the surgeon- apothecaries and man midwives of the eighteenth century, and who formed an unspecific mix of medical men with different qualifications, training and experiences. Increasing legislation forced the radical development of the medical profession by the end of the century and, in a changing climate of education and opportunity, medical men competed for professional survival. This they did through the cultivation and exploitation of ‘community niches’ to gain professional recognition (Digby, 1999, p. 261). The medical establishment in mid-nineteenth-century Dundee was made up of a diverse group of practitioners, in terms of education, qualification and experience, much of which still reflected the pathways and practices of the late eighteenth century. Dominated by leading medical families and intricate social networks, the medical community increasingly established itself in a distinct quarter within the city, and entrenched itself in the wider community through public appointments and civic office. This paper will explore the landscape of medical practice in this local ‘niche’, examining the ways in which the resident medical men created themselves both as individual practitioners with status and influence – the newly emerging ‘general practitioners’ – and as a distinct and respected professional community.Gift-giving and inheritance strategies in late Roman law and legal practiceHumfress, Carolinehttps://hdl.handle.net/10023/166412023-11-08T18:30:01Z2017-06-07T00:00:00ZIn Roman law, an inheritance could be passed on according to the rules of intestate or testate succession. The Roman law of succession presents people with an enormous display of legal ingenuity. This chapter analyses some of the legal instruments and rules by which late Roman testators and donors were able to pursue making over bequests and inheritances to the institutional Christian church. It presents an overview of Roman family law and inheritance structures, paying particular attention to post-classical legal developments. The chapter explores donation and inheritance law in the specific context of the institutional Christian church from the age of Constantine onwards. It expands on this analysis via a focus on specific examples of strategic behaviour relating to Christian gift-giving and inheritance in the later fourth, fifth and sixth centuries AD. It shows that Roman legislators themselves engaged in strategic behaviour, attempting to use the Roman law of donation and inheritance as a means of socio-religious control.
2017-06-07T00:00:00ZHumfress, CarolineIn Roman law, an inheritance could be passed on according to the rules of intestate or testate succession. The Roman law of succession presents people with an enormous display of legal ingenuity. This chapter analyses some of the legal instruments and rules by which late Roman testators and donors were able to pursue making over bequests and inheritances to the institutional Christian church. It presents an overview of Roman family law and inheritance structures, paying particular attention to post-classical legal developments. The chapter explores donation and inheritance law in the specific context of the institutional Christian church from the age of Constantine onwards. It expands on this analysis via a focus on specific examples of strategic behaviour relating to Christian gift-giving and inheritance in the later fourth, fifth and sixth centuries AD. It shows that Roman legislators themselves engaged in strategic behaviour, attempting to use the Roman law of donation and inheritance as a means of socio-religious control.Rules, power and constitutions : following OnufLang, Anthonyhttps://hdl.handle.net/10023/165292023-07-24T14:30:28Z2017-05-23T00:00:00ZThis chapter explores the role of power in the theory of global constitutionalism. It draws on the work of Nicholas Onuf, whose launched constructivist IR theory. It borrows from Onuf the idea of rules and rule making, but critiques his work for failing to devvelop the idea of power in constitutional theory. It concludes with an analysis of global constitutent power.
2017-05-23T00:00:00ZLang, AnthonyThis chapter explores the role of power in the theory of global constitutionalism. It draws on the work of Nicholas Onuf, whose launched constructivist IR theory. It borrows from Onuf the idea of rules and rule making, but critiques his work for failing to devvelop the idea of power in constitutional theory. It concludes with an analysis of global constitutent power.The Aurunci and SidiciniSmith, Christopher Johnhttps://hdl.handle.net/10023/163652023-04-19T00:42:48Z2017-11-01T00:00:00Z2017-11-01T00:00:00ZSmith, Christopher JohnIII - Contractarianism as a political moralitySachs, Benjamin Alanhttps://hdl.handle.net/10023/136792023-04-18T10:05:55Z2016-05-26T00:00:00ZContractarianism initially made its mark, in the seventeenth century, as a sort of theory of everything in ethics. But gradually philosophers became convinced that there were resources available outside contractarianism for settling important moral questions—for instance, ideas of human rights and the moral equality of persons. Then Rawls revived contractarianism with a more modest aim—namely, as a theory of justice. But even this agenda for contractarianism has been called into question, most notably by G.A. Cohen, who contends that we have other tools at our disposal for identifying the true conception of justice. So the question remains: how should contractarianism be construed if it is to provide answers to questions that cannot be answered in some other way? In my essay I offer a very simple answer: contractarianism should be construed as a political morality. I arrive at this answer by starting with contractarianism as a theory of everything and paring away the unappealing layers of contractarianism so understood. I begin by describing what contractarianism is. Then I dispense with contractarianism as a theory of state legitimacy, as a theory of interpersonal morality, and as a theory of justice. Finally, I distinguish political morality from the other already-mentioned areas of morality, and argue that contractarianism is a sensible theory of its grounds.
2016-05-26T00:00:00ZSachs, Benjamin AlanContractarianism initially made its mark, in the seventeenth century, as a sort of theory of everything in ethics. But gradually philosophers became convinced that there were resources available outside contractarianism for settling important moral questions—for instance, ideas of human rights and the moral equality of persons. Then Rawls revived contractarianism with a more modest aim—namely, as a theory of justice. But even this agenda for contractarianism has been called into question, most notably by G.A. Cohen, who contends that we have other tools at our disposal for identifying the true conception of justice. So the question remains: how should contractarianism be construed if it is to provide answers to questions that cannot be answered in some other way? In my essay I offer a very simple answer: contractarianism should be construed as a political morality. I arrive at this answer by starting with contractarianism as a theory of everything and paring away the unappealing layers of contractarianism so understood. I begin by describing what contractarianism is. Then I dispense with contractarianism as a theory of state legitimacy, as a theory of interpersonal morality, and as a theory of justice. Finally, I distinguish political morality from the other already-mentioned areas of morality, and argue that contractarianism is a sensible theory of its grounds.The bête noire and the noble lie : the International Criminal Court and (the disavowal of) politicsRoyer, Christofhttps://hdl.handle.net/10023/135712023-04-25T23:53:21Z2018-05-25T00:00:00ZFor the traditional legalistic discourse on the International Criminal Court (ICC), “politics” is a bête noire that compromises the independence of the Court and thus needs to be avoided and overcome. In response to this legalistic approach, a burgeoning body of literature insists that the Court does not exist and operate “beyond politics”, arguing that the ICC is an institution where law and politics are intimately connected. The present article seeks to contribute to this “non-traditional” literature by addressing two of its fundamental weaknesses: First, writers of the “non-traditional camp” often present a rather limited view of “politics”; in particular, they have shied away from taking the radical step of portraying and analysing the ICC as a “political actor”. This undermines both its critical and constructive potential. Secondly, these commentators offer a simplistic explanation as to why “traditionalists” treat politics as the ICC’s bête noire: Traditionalists, they claim, are “legalists” with scant interest in and understanding of politics. By focusing on the ICC’s nature as a political actor, this article does not only paint a more nuanced picture of the ICC but also demonstrates the constructive potential of this understanding of the ICC to shed light on the so-called “peace versus justice dilemma”. And secondly, it demonstrates that precisely because the ICC is and ought to be a prudent political actor, it must officially disavow politics. The “noble lie” of disavowing politics, therefore, is a prudential strategy to avoid dangerous moral and political consequences and, ultimately, to secure the continued existence of the ICC itself.
2018-05-25T00:00:00ZRoyer, ChristofFor the traditional legalistic discourse on the International Criminal Court (ICC), “politics” is a bête noire that compromises the independence of the Court and thus needs to be avoided and overcome. In response to this legalistic approach, a burgeoning body of literature insists that the Court does not exist and operate “beyond politics”, arguing that the ICC is an institution where law and politics are intimately connected. The present article seeks to contribute to this “non-traditional” literature by addressing two of its fundamental weaknesses: First, writers of the “non-traditional camp” often present a rather limited view of “politics”; in particular, they have shied away from taking the radical step of portraying and analysing the ICC as a “political actor”. This undermines both its critical and constructive potential. Secondly, these commentators offer a simplistic explanation as to why “traditionalists” treat politics as the ICC’s bête noire: Traditionalists, they claim, are “legalists” with scant interest in and understanding of politics. By focusing on the ICC’s nature as a political actor, this article does not only paint a more nuanced picture of the ICC but also demonstrates the constructive potential of this understanding of the ICC to shed light on the so-called “peace versus justice dilemma”. And secondly, it demonstrates that precisely because the ICC is and ought to be a prudent political actor, it must officially disavow politics. The “noble lie” of disavowing politics, therefore, is a prudential strategy to avoid dangerous moral and political consequences and, ultimately, to secure the continued existence of the ICC itself.The Fergusson affair: Calvinism and dissimulation in the Scottish EnlightenmentKidd, Colin Craighttps://hdl.handle.net/10023/123902024-03-28T00:42:23Z2016-06-27T00:00:00Z2016-06-27T00:00:00ZKidd, Colin CraigServius, Cato the Elder and VirgilSmith, Christopher Johnhttps://hdl.handle.net/10023/121192023-04-18T23:40:43Z2017-01-01T00:00:00ZThis paper considers one of the most significant of the authors cited in the Servian tradition, Cato the Elder. He is cited more than any other historian, and looked at the other way round, Servius is a very important source for our knowledge of Cato. This paper addresses the questions of what we learn from Servius’ use of Cato, and what we learn about Virgil ?
2017-01-01T00:00:00ZSmith, Christopher JohnThis paper considers one of the most significant of the authors cited in the Servian tradition, Cato the Elder. He is cited more than any other historian, and looked at the other way round, Servius is a very important source for our knowledge of Cato. This paper addresses the questions of what we learn from Servius’ use of Cato, and what we learn about Virgil ?The fifth-century crisisSmith, Christopher Johnhttps://hdl.handle.net/10023/120662024-03-02T00:44:53Z2017-10-26T00:00:00ZThis essay seeks to establish the parameters of our uncertainty concerning one of the most difficult periods of Roman history, the period between the traditional end of the Roman monarchy and the passing of the Licinio-Sextian legislation. In addition to some methodological observations, the essay attempts to offer a model for understanding Roman choices and decisions in a period of change and transformation.
2017-10-26T00:00:00ZSmith, Christopher JohnThis essay seeks to establish the parameters of our uncertainty concerning one of the most difficult periods of Roman history, the period between the traditional end of the Roman monarchy and the passing of the Licinio-Sextian legislation. In addition to some methodological observations, the essay attempts to offer a model for understanding Roman choices and decisions in a period of change and transformation.J.B. Ward-Perkins, the BSR and the landscape tradition in post-war Italian archaeologySmith, Christopher Johnhttps://hdl.handle.net/10023/120632023-04-18T23:41:48Z2017-10-26T00:00:00ZNothing has so characterized the British School at Rome's approach, from its inception, as the commitment to landscape archaeology in one form or another. This paper discusses the origins of this commitment in the work of Thomas Ashby, but focuses on the major contribution of J.B. Ward-Perkins and the South Etruria Survey. This survey is set in the context both of intellectual developments in landscape archaeology, and the specific circumstances of the BSR, and its Director, after the Second World War. The article traces the impact of this work on subsequent landscape archaeology.
2017-10-26T00:00:00ZSmith, Christopher JohnNothing has so characterized the British School at Rome's approach, from its inception, as the commitment to landscape archaeology in one form or another. This paper discusses the origins of this commitment in the work of Thomas Ashby, but focuses on the major contribution of J.B. Ward-Perkins and the South Etruria Survey. This survey is set in the context both of intellectual developments in landscape archaeology, and the specific circumstances of the BSR, and its Director, after the Second World War. The article traces the impact of this work on subsequent landscape archaeology.Beyond metaphor : archaeology as a social and artistic practiceSmith, Christopher Johnhttps://hdl.handle.net/10023/113022023-04-18T10:16:15Z2017-01-26T00:00:00ZThis article summarises recent work on the engagement between art and archaeology, but seeks to embed this in a longer history of archaeology as a metaphor for other cultural and social practices, and at the same time to compare the ways in which archaeologists and other practitioners operate within the field of cultural production.
2017-01-26T00:00:00ZSmith, Christopher JohnThis article summarises recent work on the engagement between art and archaeology, but seeks to embed this in a longer history of archaeology as a metaphor for other cultural and social practices, and at the same time to compare the ways in which archaeologists and other practitioners operate within the field of cultural production.Thomas Hobbes: theorist of the lawLang, Anthony F.Slomp, Gabriellahttps://hdl.handle.net/10023/111082024-02-17T00:41:23Z2015-12-28T00:00:00ZThis short article introduces the papers that follow on the topic of Hobbes as a theorist of the law. It provides an overview of Hobbes reputation as a theorist of law in both domestic and international theory. The paper summarizes the papers that follow and suggest how they fit into the wider literature on Hobbes, legal theory, and constitutional theory.
2015-12-28T00:00:00ZLang, Anthony F.Slomp, GabriellaThis short article introduces the papers that follow on the topic of Hobbes as a theorist of the law. It provides an overview of Hobbes reputation as a theorist of law in both domestic and international theory. The paper summarizes the papers that follow and suggest how they fit into the wider literature on Hobbes, legal theory, and constitutional theory.Magna CartaHolt, Jameshttps://hdl.handle.net/10023/94442024-03-24T00:46:42Z2015-05-01T00:00:00Z3rd edition of classic work, with new introduction and additional material
2015-05-01T00:00:00ZHolt, James3rd edition of classic work, with new introduction and additional materialThe Group of 7 and international terrorism : the snowball effect that never materializedBlumenau, Bernhardhttps://hdl.handle.net/10023/91832023-04-25T23:43:19Z2016-04-01T00:00:00ZThe article looks at the Group of 7 (G7) efforts to fight international terrorism in the 1970s and early 1980s. It examines the G7 statement against hijacking, the Bonn Declaration of 1978, and assesses how the G7 dealt with it after the adoption of the Declaration. The article illustrates that after a short phase of enthusiasm just after the Declaration’s adoption, the G7 members’ united front against terrorism quickly eroded. The G7 failed to secure support from other countries and realized the economic and political costs that the implementation of the Declaration could produce. Therefore, it was pushed to the backburner. The Declaration was largely of symbolic and only of very little practical importance. Yet, it still pointed to the new approach of the G7 – present until today – that moved away from a purely economic agenda towards a progressively more political one.
2016-04-01T00:00:00ZBlumenau, BernhardThe article looks at the Group of 7 (G7) efforts to fight international terrorism in the 1970s and early 1980s. It examines the G7 statement against hijacking, the Bonn Declaration of 1978, and assesses how the G7 dealt with it after the adoption of the Declaration. The article illustrates that after a short phase of enthusiasm just after the Declaration’s adoption, the G7 members’ united front against terrorism quickly eroded. The G7 failed to secure support from other countries and realized the economic and political costs that the implementation of the Declaration could produce. Therefore, it was pushed to the backburner. The Declaration was largely of symbolic and only of very little practical importance. Yet, it still pointed to the new approach of the G7 – present until today – that moved away from a purely economic agenda towards a progressively more political one.The Grail of original meaning : uses of the past in American constitutional theoryKidd, Colin Craighttps://hdl.handle.net/10023/90812023-04-18T10:11:07Z2016-12-01T00:00:00ZOriginalist jurisprudence, which enjoins a faithful adherence to the values enshrined in the late eighteenth-century Constitution, has become a prominent feature of contemporary American conservatism. Recovering the original meaning of the Constitution is far from straightforward, and raises major issues of historical interpretation. How far do the assumed historical underpinnings of originalist interpretation mesh with the findings of academic historians? To what extent has the conservative invocation of the Founding Fathers obscured a lost American Enlightenment? Nor is ‘tradition’ in American Constitutional law an unproblematic matter. How far does a desire to restore the original meaning of the Constitution ignore the role of ‘stare decisis’ (precedent) in America's common law heritage? It transpires, moreover, that the various schemes of historical interpretation in American Constitutional jurisprudence do not map easily onto a simple liberal–conservative divide.
2016-12-01T00:00:00ZKidd, Colin CraigOriginalist jurisprudence, which enjoins a faithful adherence to the values enshrined in the late eighteenth-century Constitution, has become a prominent feature of contemporary American conservatism. Recovering the original meaning of the Constitution is far from straightforward, and raises major issues of historical interpretation. How far do the assumed historical underpinnings of originalist interpretation mesh with the findings of academic historians? To what extent has the conservative invocation of the Founding Fathers obscured a lost American Enlightenment? Nor is ‘tradition’ in American Constitutional law an unproblematic matter. How far does a desire to restore the original meaning of the Constitution ignore the role of ‘stare decisis’ (precedent) in America's common law heritage? It transpires, moreover, that the various schemes of historical interpretation in American Constitutional jurisprudence do not map easily onto a simple liberal–conservative divide.Shared political responsibiiltyLang, Anthonyhttps://hdl.handle.net/10023/90772023-04-26T00:23:57Z2015-10-01T00:00:00ZThis chapter explores the nature of political responsibilty in relation to climate change. It argues that rather than identify specific agents responsible for climate change - an approach that dominates legal and moral theory - a political responsibility framework provides ways of thinking about global dilemmas in terms of political actions that we may undertake together. It draws on the theoretical notion of 'shared responsibility' to develop this concept.
2015-10-01T00:00:00ZLang, AnthonyThis chapter explores the nature of political responsibilty in relation to climate change. It argues that rather than identify specific agents responsible for climate change - an approach that dominates legal and moral theory - a political responsibility framework provides ways of thinking about global dilemmas in terms of political actions that we may undertake together. It draws on the theoretical notion of 'shared responsibility' to develop this concept.Taqizadeh and European civilisationAnsari, Ali Massoudhttps://hdl.handle.net/10023/89472023-04-18T10:08:05Z2017-07-13T00:00:00ZThe leading Iranian intellectual and nationalist Hasan Taqizadeh has been roundly condemned by posterity for his call to Iranians to embrace European civilisation in its entirety without qualification or compromise. Taqizadeh himself later conceded that the form of words he had used were injudicious, but he added that his intention had been to galvanise Iranians out of their self-destructive political stupor and it remains a reality that many of Taqizadeh's contemporaries were supportive of his call to arms. This paper reassesses Taqizadeh's position in the context of his historical and intellectual environment, which it is argued drew heavily from a “Whig” reading of the Enlightenment progress. It shows that Taqizadeh was not alone in drawing on this narrative while maintaining an important distinction between the positive aspects of British political thought and the shortcomings of British policy.
2017-07-13T00:00:00ZAnsari, Ali MassoudThe leading Iranian intellectual and nationalist Hasan Taqizadeh has been roundly condemned by posterity for his call to Iranians to embrace European civilisation in its entirety without qualification or compromise. Taqizadeh himself later conceded that the form of words he had used were injudicious, but he added that his intention had been to galvanise Iranians out of their self-destructive political stupor and it remains a reality that many of Taqizadeh's contemporaries were supportive of his call to arms. This paper reassesses Taqizadeh's position in the context of his historical and intellectual environment, which it is argued drew heavily from a “Whig” reading of the Enlightenment progress. It shows that Taqizadeh was not alone in drawing on this narrative while maintaining an important distinction between the positive aspects of British political thought and the shortcomings of British policy.The impact of the Security Council on the efficacy of the International Criminal Court and the responsibility to protectHehir, AidanLang, Anthonyhttps://hdl.handle.net/10023/83372024-03-17T00:41:45Z2015-03-01T00:00:00ZThis article argues that the manner in which the Security Council inhibits the consistent application of the Responsibility to Protect (R2P) and International Criminal Court (ICC) referrals reinforces their power in the international order without creating long term peace and stability. The Security Council’s discretionary powers allow it to subjectively determine which situations to address and which lawbreakers to prosecute; this consolidates, and indeed expands, the power of the Security Council in relation to other agents of international law. As a result, international cooperation to protect and promote human rights and punish human rights violators is currently impeded. This article argues that those concerned with the consistent enforcement of international human rights law, and the punishment of human rights violators, must accept the need for reforms to the current international order that would allow a better integration of R2P and the ICC into international law and practice. Our reforms – advanced in the form of general principles taken from legal theory – propose altering the Security Council’s powers and developing new judicial structures to enable the more consistent application of international law
2015-03-01T00:00:00ZHehir, AidanLang, AnthonyThis article argues that the manner in which the Security Council inhibits the consistent application of the Responsibility to Protect (R2P) and International Criminal Court (ICC) referrals reinforces their power in the international order without creating long term peace and stability. The Security Council’s discretionary powers allow it to subjectively determine which situations to address and which lawbreakers to prosecute; this consolidates, and indeed expands, the power of the Security Council in relation to other agents of international law. As a result, international cooperation to protect and promote human rights and punish human rights violators is currently impeded. This article argues that those concerned with the consistent enforcement of international human rights law, and the punishment of human rights violators, must accept the need for reforms to the current international order that would allow a better integration of R2P and the ICC into international law and practice. Our reforms – advanced in the form of general principles taken from legal theory – propose altering the Security Council’s powers and developing new judicial structures to enable the more consistent application of international law