Sir William Hamilton

2020 ◽  
pp. 9-35
Author(s):  
W. J. Mander
Keyword(s):  
Nineteenth Century ◽  
Free Will ◽  
Special Reference ◽  
Common Sense ◽  
Critical Philosophy ◽  
Space And Time ◽  
The Subject ◽  
The Law

William Hamilton epitomizes very clearly the challenge that contemporary philosophers face in studying their nineteenth-century predecessors. There can be few thinkers who have been the subject of such a massive reversal of reputational fortune as Hamilton, from being heralded in his day as a philosophical genius to being ignored by subsequent generations as a pompous blunderer. The chapter examines the central principles of Hamilton’s metaphysics, with special reference to his assertion of the relativity of knowledge and the law of the conditioned. The chapter considers how his metaphysical system relates both to that of Kant’s Critical philosophy and the Scottish common sense school, and examines its application to the specific concepts of substance and adjective, space and time, causality, free will and God.

‘Furiously Mad’: Vagrancy Law and a Sub-Group of the Disorderly Poor

Rural History ◽  
2013 ◽  
Vol 24 (1) ◽  
pp. 25-40 ◽  
Author(s):  
AUDREY ECCLES
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Social Problem ◽  
Common Law ◽  
Medical Texts ◽  
The Public ◽  
Course Of Action ◽  
The Subject ◽  
The Common ◽  
The Law

Abstract:Madness has been a social problem from time immemorial. Wealthy lunatics were made royal wards so that their estates would be looked after, and the common law very early admitted madness and idiocy as conditions justifying the exemption of the sufferer from punishments for crime. But the vast majority of lunatics have never been either criminal or wealthy, and many wandered about begging, unwelcome in any settled community. Finally, in the eighteenth century, the law made some attempt to determine a course of action which would protect the public and theoretically also the lunatic. This legislation and its application in practice to protect the public, contain the lunatic, and deal with the nuisance caused by those ‘disordered in their senses’, form the subject of this article. Much has been written about the development of psychiatry, mainly from contemporary medical texts, and about the treatment of lunatics in institutions, chiefly from nineteenth-century sources, but much remains to be discovered from archival sources about the practicalities of dealing with lunatics at parish level, particularly how they were defined as lunatics, who made such decisions, and how they were treated in homes and workhouses.

Torts

2019 ◽  
pp. 443-462 ◽  
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Nineteenth Century ◽  
English Language ◽  
Industrial Revolution ◽  
Tort Law ◽  
Growth Spurt ◽  
Late Nineteenth Century ◽  
The Subject ◽  
Late Nineteenth ◽  
The Law ◽  
Private Wrongs

This chapter discusses the development of tort law in the second half of the nineteenth century. Tort law experienced its biggest growth spurt in the late nineteenth century. The legal world began to sit up and pay attention. The very first English-language treatise on torts appeared in 1859: Francis Hilliard’s book, The Law of Torts, Or Private Wrongs. Then came Charles G. Addison, Wrongs and Their Remedies in 1860, in England. By 1900, there was an immense literature on the law of torts; Joel Bishop and Thomas M. Cooley had written imposing treatises on the subject; the case law had swollen to heroic proportions. Tort law was a product of the industrial revolution; England here had a head start; problems emerged there first, and so did their tentative legal solutions.

scholarly journals The Metaphysics of Mind and the Practical Science of the Law

2008 ◽  
Vol 26 (1) ◽  
pp. 161-166 ◽  
Author(s):  
Sarah A. Seo ◽  
John Fabian Witt
Keyword(s):  
Moral Responsibility ◽  
Free Will ◽  
Common Sense ◽  
Moral Agent ◽  
Practical Science ◽  
Early American ◽  
American Law ◽  
The Common ◽  
The Law ◽  
Metaphysics Of Mind

In “Mind of a Moral Agent,” Susanna Blumenthal elegantly limns the rise and partial fall of the common sense theory of moral responsibility in American law. As Blumenthal convincingly describes it, the problem for early American jurists was nothing less than to solve the paradox of determinism and free will. How can the law declare someone morally culpable unless we are free to choose our own ends?

Levellerism in Eighteenth and Early Nineteenth-Century Britain

1988 ◽  
Vol 20 (2) ◽  
pp. 261-269 ◽  
Author(s):  
F. K. Donnelly
Keyword(s):  
Nineteenth Century ◽  
Seventeenth Century ◽  
Early Nineteenth Century ◽  
European Literature ◽  
The Subject ◽  
The Law ◽  
Eighteenth And Nineteenth Centuries ◽  
Radical Movements

This article explores the connections between the seventeenth-century Leveller movement and the democratic radicalism of the period 1790 to roughly 1840. At first glance the two appear to have much in common. Both were concerned with the extension of the franchise, the idea of a written constitution, and the equality of citizens before the law. Various commentators on the subject, including some historians, have suggested that such a continuity does indeed exist. Unfortunately this conclusion has been based for the most part on vague connections indicating a lack of solid research on this topic. An exception in this regard is the 1962 essay of Olivier Lutaud which traced many of the linkages of Leveller ideas and phrases in European literature.By contrast historians of seventeenth-century England have tended towards a too ready acceptance of a discontinuity between the Levellers and the democrats of the post-1788 era. They have been content to consign the Levellers to “relative oblivion” and “near-oblivion,” and to assert, quite erroneously, that Leveller pamphlets were not reprinted in the eighteenth and nineteenth centuries. At the same time we must be aware that the historian of early nineteenth-century radical movements is not confronted with a powerful body of evidence indicating strong Leveller-radical connections. The influence of Levellerism on subsequent radical-democratic movements was subtle and somewhat oblique in nature.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

العربية المقاربة المقاصديّة في ردّ ابن فودي على القادح في جلستهم الدعويّة

2018 ◽  
Vol 6 (3) ◽  
Author(s):  
Alawiye Abdulmumin Abdurrazzaq ◽  
Ahmad Wifaq Mokhtar ◽  
Abdul Manan Ismail
Keyword(s):  
Nineteenth Century ◽  
West Africa ◽  
Subject Matter ◽  
Analytical Methods ◽  
Men And Women ◽  
The Subject

This article is aimed to examine the extent of the application of Islamic legal objectives by Sheikh Abdullah bn Fudi in his rejoinder against one of their contemporary scholars who accused them of being over-liberal about the religion. He claimed that there has been a careless intermingling of men and women in the preaching and counselling gathering they used to hold, under the leadership of Sheikh Uthman bn Fudi (the Islamic reformer of the nineteenth century in Nigeria and West Africa). Thus, in this study, the researchers seek to answer the following interrogations: who was Abdullah bn Fudi? who was their critic? what was the subject matter of the criticism? How did the rebutter get equipped with some guidelines of higher objectives of Sharĩʻah in his rejoinder to the critic? To this end, this study had tackled the questions afore-stated by using inductive, descriptive and analytical methods to identify the personalities involved, define and analyze some concepts and matters considered as the hub of the study.

John Lloyd Williams (1854–1945): profile of a Snowdonian botanist

2006 ◽  
Vol 33 (1) ◽  
pp. 1-17
Author(s):  
Dewi Jones
Keyword(s):  
Nineteenth Century ◽  
Plant Physiology ◽  
Marine Algae ◽  
Plant Distribution ◽  
The Arctic ◽  
Late Nineteenth Century ◽  
Major Study ◽  
The Subject ◽  
Late Nineteenth

John Lloyd Williams was an authority on the arctic-alpine flora of Snowdonia during the late nineteenth century when plant collecting was at its height, but unlike other botanists and plant collectors he did not fully pursue the fashionable trend of forming a complete herbarium. His diligent plant-hunting in a comparatively little explored part of Snowdonia led to his discovering a new site for the rare Killarney fern (Trichomanes speciosum), a feat which was considered a major achievement at the time. For most part of the nineteenth century plant distribution, classification and forming herbaria, had been paramount in the learning of botany in Britain resulting in little attention being made to other aspects of the subject. However, towards the end of the century many botanists turned their attention to studying plant physiology, a subject which had advanced significantly in German laboratories. Rivalry between botanists working on similar projects became inevitable in the race to be first in print as Lloyd Williams soon realized when undertaking his major study on the cytology of marine algae.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

Reading Stratigraphical Woodscapes in Thomas Hardy's The Woodlanders

2017 ◽  
Vol 7 (3) ◽  
pp. 210-223
Author(s):  
Anna Burton
Keyword(s):  
Nineteenth Century ◽  
Local History ◽  
Space And Time ◽  
Eighteenth And Nineteenth Centuries ◽  
Geological Work ◽  
Gideon Mantell ◽  
Modes Of Thought ◽  
The Impact ◽  
Visual Cultures

In The Woodlanders (1887), Hardy uses the texture of Hintock woodlands as more than description: it is a terrain of personal association and local history, a text to be negotiated in order to comprehend the narrative trajectory. However, upon closer analysis of these arboreal environs, it is evident that these woodscapes are simultaneously self-contained and multi-layered in space and time. This essay proposes that through this complex topographical construction, Hardy invites the reader to read this text within a physical and notional stratigraphical framework. This framework shares similarities with William Gilpin's picturesque viewpoint and the geological work of Gideon Mantell: two modes of vision that changed the observation of landscape in the eighteenth and nineteenth centuries. This comparative discussion at once reviews the perception of the arboreal prospect in nineteenth-century literary and visual cultures, and also questions the impact of these modes of thought on the woodscapes of The Woodlanders.

Perpindahan dan Perubahan : Transportasi dalam Struktur Naratif Riwayat Perjalanan ke Amerika di Era Viktorian

Metahumaniora ◽  
2017 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Ari J. Adipurwawijdana
Keyword(s):  
Nineteenth Century ◽  
Subject Matter ◽  
Henry James ◽  
World View ◽  
Democratic Society ◽  
Transportation Infrastructure ◽  
Material Base ◽  
Travel Narrative ◽  
Infrastructure System ◽  
The Subject

ABSTRAKRiwayat yang disajikan penulis Britania era Viktorian tentang perjalannnya ke Amerikamengasumsikan adanya sebuah jaringan prasarana transportasi. Sistem transportasiterkait dengan riwayat perjalanan (travel narrative) dalam tiga hal, yaitu (1) sebagaibasis material bagi perjalanan, (2) sebagai substruktur riwayat, dan (3) sebagai pokokpembicaraan dalam riwayat itu sendiri. Buku Domestic Manners of the Americans (1832)merupakan model bagi cara infrastruktur transportasi menentukan aspek naratologis,yaitu urutan dan perspektif dalam struktur naratif riwayat perjalanan. Karya tersebut jugamenyajikan transportasi sebagai pokok pembicaraan dalam teksnya itu sendiri walaupun tidaksejauh sebagaimana yang tampak pada The Amateur Emigrant (1895) karya Robert LouisStevenson. Dalam hal ini, The American Scene (1907) karya Henry James juga relevankarena, walaupun tidak secara gamblang membicarakan transportasi sebagai topik dantidak pula menampakkan ciri-ciri riwayat perjalanan, karya tersebut merepresentasicara wawasan Britania-Amerika trans-Atlantik dianggap sebagai sesuatu yang lumrah.Wawasan ini juga memandang menganggap perjalanan trans-Atlantik sebagai semacamperjalanan menembus waktu, yang menunjukkan ketidaknyaman para penulis Britaniaabad kesembilanbelas terhadap transformasi sosial ke masyrakat demokratis yangdirepresentasi secara metaforis oleh pemahaman mereka tentang Amerika.Kata kunci: catatan perjalanan Viktorian, transportasi, wisataABSTRACTNarratives presented by Victorian British writers about their travels to America assume theavailability of a transprtation infrastructure system. Such a system is related to the travelnarrative in three things, namely, (1) as a material base for travel, (2) as a narrative substructurehistory, and (3) as the subject-matter of the narratives. Fanny Trollope’s Domestic Mannerof the Americans (1832) is a model for the way transportation infrastructure determinesnarratological aspects, namely order and perspective in the structure of the travel narrative.The piece also presents transportation as a subject-matter in its text although it does notgo so far as do Robert Louis Stevenson’s The Amateur Emigrant (1895). In discussingtransportation Henry James’ The American Scene is also relevant because, despite it’s notexplicitly speaking of transportation as a topic nor does it show the convential characteristicsof the travel narrative, the work represents a British-American trans-Atlantic world viewas a given. This world view also considers trans-Atlantic travels as a kind of voyage acrosstime, implying the discomfort of nineteenth-century British writers concerning the socialtransition into a democratic society represented by America as a metaphor.Keywords: Victorian travel narrative, transportation, tourism

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