{"title":"良心豁免的一般权利:超越宗教特权。作者:John Adenitire。【剑桥大学出版社,2020。xiv+320页。精装版85.00英镑。ISBN 978-1-10-847845-8。]","authors":"Guy Baldwin","doi":"10.1017/S0008197322000393","DOIUrl":null,"url":null,"abstract":"excellently presented by Beever in Part II, can free us from the old debates in the grand jurisprudential battle discussed in Part III. This is so particularly because throughout Part III – consisting more than half of the book’s content – Beever is trying to defend one camp in the battle against the other, despite his avowal that this battle is a great waste of time. To borrow Beever’s Freudian terminology (p. 264), it almost seems that he is consciously trying to move on from the battle while unconsciously joining the battle himself. Beever’s sustained attacks on legal positivism are often vigorous and skilful. However, in deploying those attacks he draws only sparingly on Searle and adopts a methodology that is virtually indistinguishable from how jurisprudence has traditionally been practised, making good use of doctrinal legal materials (showcasing Beever’s expertise in tort law), but ultimately letting the philosopher’s own intuition do the decisive work. Beever hence demonstrates by his own practice that one can still make new contributions to the persistent jurisprudential debates, which Searle’s social philosophy has not enabled us to either resolve or dissolve.","PeriodicalId":46389,"journal":{"name":"Cambridge Law Journal","volume":"81 1","pages":"430 - 433"},"PeriodicalIF":1.5000,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"A General Right to Conscientious Exemption: Beyond Religious Privilege. By John Adenitire. [Cambridge University Press, 2020. xiv + 320 pp. Hardback £85.00. ISBN 978-1-10-847845-8.]\",\"authors\":\"Guy Baldwin\",\"doi\":\"10.1017/S0008197322000393\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"excellently presented by Beever in Part II, can free us from the old debates in the grand jurisprudential battle discussed in Part III. This is so particularly because throughout Part III – consisting more than half of the book’s content – Beever is trying to defend one camp in the battle against the other, despite his avowal that this battle is a great waste of time. To borrow Beever’s Freudian terminology (p. 264), it almost seems that he is consciously trying to move on from the battle while unconsciously joining the battle himself. Beever’s sustained attacks on legal positivism are often vigorous and skilful. However, in deploying those attacks he draws only sparingly on Searle and adopts a methodology that is virtually indistinguishable from how jurisprudence has traditionally been practised, making good use of doctrinal legal materials (showcasing Beever’s expertise in tort law), but ultimately letting the philosopher’s own intuition do the decisive work. Beever hence demonstrates by his own practice that one can still make new contributions to the persistent jurisprudential debates, which Searle’s social philosophy has not enabled us to either resolve or dissolve.\",\"PeriodicalId\":46389,\"journal\":{\"name\":\"Cambridge Law Journal\",\"volume\":\"81 1\",\"pages\":\"430 - 433\"},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2022-07-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Cambridge Law Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1017/S0008197322000393\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Cambridge Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/S0008197322000393","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
A General Right to Conscientious Exemption: Beyond Religious Privilege. By John Adenitire. [Cambridge University Press, 2020. xiv + 320 pp. Hardback £85.00. ISBN 978-1-10-847845-8.]
excellently presented by Beever in Part II, can free us from the old debates in the grand jurisprudential battle discussed in Part III. This is so particularly because throughout Part III – consisting more than half of the book’s content – Beever is trying to defend one camp in the battle against the other, despite his avowal that this battle is a great waste of time. To borrow Beever’s Freudian terminology (p. 264), it almost seems that he is consciously trying to move on from the battle while unconsciously joining the battle himself. Beever’s sustained attacks on legal positivism are often vigorous and skilful. However, in deploying those attacks he draws only sparingly on Searle and adopts a methodology that is virtually indistinguishable from how jurisprudence has traditionally been practised, making good use of doctrinal legal materials (showcasing Beever’s expertise in tort law), but ultimately letting the philosopher’s own intuition do the decisive work. Beever hence demonstrates by his own practice that one can still make new contributions to the persistent jurisprudential debates, which Searle’s social philosophy has not enabled us to either resolve or dissolve.
期刊介绍:
The Cambridge Law Journal publishes articles on all aspects of law. Special emphasis is placed on contemporary developments, but the journal''s range includes jurisprudence and legal history. An important feature of the journal is the Case and Comment section, in which members of the Cambridge Law Faculty and other distinguished contributors analyse recent judicial decisions, new legislation and current law reform proposals. The articles and case notes are designed to have the widest appeal to those interested in the law - whether as practitioners, students, teachers, judges or administrators - and to provide an opportunity for them to keep abreast of new ideas and the progress of legal reform. Each issue also contains an extensive section of book reviews.