Jonathan L. Gorman

This is a pugnacious book, born of ancient controversy and attempting to return the debate to a time before the central jurisprudential questions were set by Hart and other legal positivists. Simmonds addresses those familiar with current analytical philosophy of law: those of us who know our Hart, Fuller, Dworkin, Raz, MacCormick and Kramer, and who perhaps need to have our attention drawn to Plato, Aristotle, Grotius, Hobbes and Kant. Presuming an informed readership, there is no bibliography, and it incorporates ‘substantial extracts from four recent essays’ , but does not say what they are. Overall, his position is that law should be understood as an attempt to realize an archetype of law, an archetype which is a moral ideal. Those suspicious of moral ideals are not likely to find moral archetypes more philosophically acceptable. Yet, if Simmonds is right, we need them in jurisprudence.Simmonds is against the positivist split between …

We need to specify what ethical responsibility historians, as historians, owe, and to whom. We should distinguish between natural duties and obligations, and recognize that historians' ethical responsibility is of the latter kind. We can discover this responsibility by using the concept of “accountability”. Historical knowledge is central. Historians' central ethical responsibility is that they ought to tell the objective truth. This is not a duty shared with everybody, for the right to truth varies with the audience. Being a historian is essentially a matter of searching for historical knowledge as part of an obligation voluntarily undertaken to give truth to those who have a right to it. On a democratic understanding, people need and are entitled to an objective understanding of the historical processes in which they live. Factual knowledge and judgments of value are both required, whatever philosophical view we might have of the possibility of a principled distinction between them. Historians owe historical truth not only to the living but to the dead. Historians should judge when that is called for, but they should not distort historical facts. The rejection of postmodernism's moralism does not free historians from moral duties. Historians and moral philosophers alike are able to make dispassionate moral judgments, but those who feel untrained should be educated in moral understanding. We must ensure the moral and social responsibility of historical knowledge. As philosophers of history, we need a rational reconstruction of moral judgments in history to help with this.

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Are there independent standards of justice by which we are to measure our activities, or is justice itself to be understood in relativistic terms that vary with locality or historical period? I wish to examine briefly how far two inconsistent positions can both be accepted. I suggest that perhaps our ordinary understanding of reality itself—and in particular political reality—is essentially the outcome of a time of contest, and that there are areas of political reality where matters may be best seen as still being contested. I thus question the need for a single internally consistent point of view, as if it alone were the answer to any particular political problem, and propose that a shared belief that reality is inconsistent may be a viable solution. Using the political scenario of Northern Ireland, I argue that justice requires the deliberate and institutionalised toleration of inconsistent views of the world.

Examples of historical writing are analysed in detail, and it is demonstrated that, with respect to the statements which appear in historical accounts, their truth and value-freedom are neither necessary nor sufficient for the relative acceptability of historical accounts. What is both necessary and sufficient is the acceptability of the selection of statements involved, and it is shown that history can be objective only if the acceptability of selection can be made on the basis of a rational criterion of relevance. 'Relevance' and 'significance 1 are distinguished. The conditions of rationality of a criterion of acceptability are examined with special reference to Popper's criterion of 'falsifiability', which is shown to fail to apply to historical writing. General conclusions are drawn about the implications of the argument for the possibility of the 'unity of science', and about the conditions which need to be met if history is to be objective.

_ Source: _Page Count 22 This is an attempt to discover and clarify the philosophical nature of what Eelco Runia claims to be his new and up-to-date philosophy of history, a programme offered in his 2014 book _Moved by the Past: Discontinuity and Historical Mutation_. His suggestion that his argument is a “dance” is taken seriously, and following an analysis of historical “meaning” and its time-extended nature it is argued that the book’s presentation commits Runia to a conception of meaning that requires more weight than he allows to the centrality of narrative understanding in history. His attempt to reconnect critical and substantive philosophies of history is analysed and criticised. His apparently inconsistent commitments to both Vico’s _verum-factum_ claim, where we can make history, and to Gumbrecht’s “presence”, where history can make us, is clarified in terms of a pragmatic philosophy that permits Runia to have the psychology-based approach that he relies upon.