The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing (...) the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas. (shrink)

Professor Ernest Weinrib has argued that restitutionary damages must be understood, not as a deterrent to wrongful conduct, but as a requirement of commutative Justice. Professor Gordley agrees, but claims that a purposive understanding of commutative Justice can shed more light on restitutionary damages than the formal understanding of Professor Weinrib. A purposive understanding enables us to distinguish appropriation of a right from mere inteference, to distinguish true restitutionary damages from damages in lieu of a forced sale or hold-up; (...) and to explain why, normally, it should not matter whether the defendant acted wilfully or innocently. (shrink)

The book is an intellectual history of the work of Western jurists from ancient Rome to the present. It discusses the Roman jurists, the medieval civilians and canon lawyers, the late scholastics, the natural law schools of the 17th and 18th centuries, the positivism and conceptualism of the 19th century and its influence on common law, and the reaction against conceptualism since the late 19th century. Rarely have jurists worked alone. Rather, they have worked in schools, each of which pursued (...) a different project. The projects of the jurists had one element in common: they were attempts to understand and explain the law. Commitment to that project defines the work of a jurist and distinguishes it from the work of others who take part in fashioning and applying the law. Yet the project of each school of jurists had goals and methods of its own. By identifying them, this study shows how the jurists themselves understood their work and how these goals and methods shaped and limited what each school could achieve. (shrink)

Former Google advertising strategist, now Oxford-trained philosopher James Williams launches a plea to society and to the tech industry to help ensure that the technology we all carry with us every day does not distract us from pursuing our true goals in life. As information becomes ever more plentiful, the resource that is becoming more scarce is our attention. In this 'attention economy', we need to recognise the fundamental impacts of our new information environment on our lives in order (...) to take back control. Drawing on insights ranging from Diogenes to contemporary tech leaders, Williams's thoughtful and impassioned analysis is sure to provoke discussion and debate. Williams is the inaugural winner of the Nine Dots Prize, a new Prize for creative thinking that tackles contemporary social issues. This title is also available as Open Access. (shrink)

This is the first critical study of The Logic of Sense, Gilles Deleuze's most important work on language and ethics, as well as the main source of his vital philosophy of the event.James Williams explains the originality of Deleuze's work with careful definitions of all his innovative terms and a detailed description of the complex structure he constructs. This reading makes connections to his ground-breaking work on literature, to his critical but also progressive relation to the sciences, and to (...) his controversial denial of the priority of standard logics, human values and 'meaning' in thinking.This book will open new debates and develop current ones around Deleuze's work in philosophy, politics, literature, linguistics, cultural studies and sociology. (shrink)

Why is American punishment so cruel? While in continental Europe great efforts are made to guarantee that prisoners are treated humanely, in America sentences have gotten longer and rehabilitation programs have fallen by the wayside. Western Europe attempts to prepare its criminals for life after prison, whereas many American prisons today leave their inhabitants reduced and debased. In the last quarter of a century, Europe has worked to ensure that the baser human inclination toward vengeance is not reflected by state (...) policy, yet America has shown a systemic drive toward ever increasing levels of harshness in its criminal policies. Why is America so short on mercy? In this deeply researched, comparative work, James Q. Whitman reaches back to the 17th and 18th centuries to trace how and why American and European practices came to diverge. Eschewing the usual historical imprisonment narratives, Whitman focuses instead on intriguing differences in the development of punishment in the age of Western democracy. European traditions of social hierarchy and state power, so consciously rejected by the American colonies, nevertheless supported a more merciful and dignified treatment of offenders. The hierarchical class system on the continent kept alive a tradition of less-degrading "high-status" punishments that eventually became applied across the board in Europe. The distinctly American, draconian regime, on the other hand, grows, Whitman argues, out of America's longstanding distrust of state power and its peculiar, broad-brush sense of egalitarianism. Low-status punishments were evenly meted out to all offenders, regardless of class or standing. America's unrelentingly harsh treatment of trangressors--this "equal opportunity degradation"-- is, in a very real sense, the dark side of the nation's much vaunted individualism. A sobering look at the growing rift between the United States and Europe, Harsh Justice exposes the deep cultural roots of America's degrading punishment practices. (shrink)

A revised, expanded and fully up-to-date critical introduction to Deleuze's most important work of philosophyBy critically analysing Deleuze's methods, principles and arguments, James Williams helps readers to engage with the revolutionary core of Deleuze's philosophy and take up positions for or against its most innovative and controversial ideas.

Patients -- Clients -- Welfare assessment -- Clinical choices -- Achieving animal welfare goals -- Beyond the clinic.

The Epicurean philosophical system has enjoyed much recent scrutiny, but the question of its philosophical ancestry remains largely neglected. It has often been thought that Epicurus owed only his physical theory of atomism to the fifth-century BC philosopher Democritus, but this study finds that there is much in his ethical thought which can be traced to Democritus. It also finds important influences on Epicurus in Democritus' fourth-century followers such as Anaxarchus and Pyrrho, and in Epicurus' disagreements with his own Democritean (...) teacher Nausiphanes. The result is not only a fascinating reconstruction of a lost tradition, but also an important contribution to the philosophical interpretation of Epicureanism, bearing especially on its ideal of tranquillity and on the relation of ethics to physics. (shrink)

The infant mortality rate in Liberia is 50 times higher than it is in Sweden, whilst a child born in Japan has a life expectancy at birth of more than double that of one born in Zambia. 1 And within countries, we see differences which are nearly as great. For example, if you were in the USA and travelled the short journey from the poorer parts of Washington to Montgomery County Maryland, you would find that ‘for each mile travelled life (...) expectancy rises about a year and a half. There is a twenty-year gap between poor blacks at one end of the journey and rich whites at the other’. (Marmot, 2004, p.2). There are two types of questions which it is important to ask about inequalities in health such as these. The first are social scientific questions about the extent of inequalities in health and the factors which are causally responsible for these inequalities. Examples of social scientific questions to ask might be: how do infant mortality rates in the UK differ according to social class? What is the difference in life expectancy between Japanese who emigrate to the US and those who remain in Japan? Why do civil servants in higher ranked jobs tend to live longer than civil servants in lower ranked jobs? The second type are normative questions about the reasons we have to care about inequalities in health. Important normative questions to answer are: which inequalities in health should we care about (all inequalities or merely some of them)? When is an inequality in health unjust? How should we weigh our concern for equality in health against other factors such as maximising the.. (shrink)

This article discusses some philosophical theories of causation and their application to several areas of science. Topics addressed include regularity, counterfactual, and causal process theories of causation; the causal interpretation of structural equation models and directed graphs; independence assumptions in causal reasoning; and the role of causal concepts in physics. In connection with this last topic, this article focuses on the relationship between causal asymmetries, the time-reversal invariance of most fundamental physical laws, and the significance of differences among varieties of (...) differential equations in causal interpretation. It concludes with some remarks about “grounding” special science causal generalizations in physics. (shrink)

Linguistic anthropologists have studied emotion in societies around the world for several decades. This article defines the discipline, introduces its general relevance to emotion theory, then presents five of the most important contributions linguistic anthropology has made to the study of emotion.

Why battles matter -- Accepting the wager of battle -- Laying just claim to the profits of war -- The monarchical monopolization of military violence -- Were there really rules? -- The death of pitched battle.

Roughly half the essays in this collection engage directly with Augustine's theological animus and follow his thinking into self-division, perversity of will, grief, conversion, and the aspiration for transcendence.

This book presents a comprehensive, accessible survey of Western philosophy of music from Pythagoras to the present. Its narrative traces themes and schools through history, in a sequence of five chapters that survey the ancient, medieval, early modern, modern and contemporary periods. Its wide-ranging coverage includes medieval Islamic thinkers, Continental and analytic thinkers, and neglected female thinkers such as Vernon Lee (Violet Paget). All aspects of the philosophy of music are discussed, including music and the cosmos, music's value, music's relation (...) to the other arts, the problem of opera, the origins of musical genius, music's emotional impact, the moral effects of music, the ontology of musical works, and the relevance of music's historical context. The volume will be valuable for students and scholars in philosophy and musicology, and all who are interested in the ways in which philosophers throughout history have thought about music. (shrink)

When we talk about intellectual property, it is often implicitly assumed that we are talking about private intellectual property. However, private property and the idea of private ownership do not exhaust the possibilities for accounts of ownership and of property. There are other ways that ownership can operate, such as common property. A resource is common property if its use is ‘governed by rules whose point is to make them available for use by all or any members of the society.’.

This is the first modern, annotated and scholarly edition of Jean-Baptiste Du Bos’ _Critical Reflections on Poetry and Painting_, one of the seminal works of modern aesthetics in any language.

This paper uses a declarative mapping sentence approach to explore and amend design thinking - a project development and management technique recently disseminated in Africa. We contend that there are problems in the manner in which design thinking has been exported to Africa, namely, that design thinking is rooted in the linear, binary, human-centric systems present in Western philosophy and that the exportation of design thinking is potentially neo-colonial. We, therefore, attempt to ameliorate these difficulties by decoupling design thinking from (...) its Western philosophical perspectives. We will also seek to broaden the understanding of design thinking by adopting the more communitarian perspective found in philosophy that has been developed in Africa. The amended form of design thinking we present considers the user’s existential paradigms and facilitates a flexible and reflexive process void of deliberate finality. Furthermore, we claim that amending design thinking’s philosophical foundations to incorporate a communitarian perspective has the potential to make design thinking more ecologically-centric. (shrink)

Discusses the work of G.I. Gurdjieff and his establishment of the Institute for the Harmonious Development of man, and examines the contributions of Gurdjieff's two major disciples, P.D. Ouspensky and A.R. Orage.

These essays argue that to have good character one needs to have at least developed a sense of empathy and self control.

A number of philosophers with a metaphysical orientation have criticized Making Things Happen for its failure to provide an account of the metaphysical foundations or grounds or truth-makers for causal and explanatory claims. This dialog attempts to respond to these objections and to raise some general concerns about some of the rhetoric and argumentative strategies employed in contemporary analytic metaphysics. It also explores some issues having to do with the relationship between methodology, understood as a core concern of philosophy of (...) science, and analytic metaphysics. (shrink)

Noted psychologist and philosopher develops his own brand of pragmatism, based on theories of C. S. Peirce. Emphasis on "radical empiricism," versus the transcendental and rationalist tradition. One of the most important books in American philosophy. Note.

The reference of the postmodern task of thinking is Auschwitz, the abyss and discontinuity separating us from the world of our ancestors. As inhabitants of Planet Auschwitz our point of reference lacks all transcendental warrants; it is not a non-referable reference which constitutes the abyss we must enter, endure, and in which our intellectual and cultural tradition must be transformed. The private/public transformations which constitute the texts of this book attempt to depart from the dystopic individuality and public life resulting (...) from business-as-usual after Auschwitz. The three parts of the book are progressive reworkings of traditional metaphysics as adapted and modified by a modernism that refuses to grapple with its complicity. It is precisely that complicity which postmodern thinking takes up in its attempt to signify otherwise than the easy modernist translations and images of tradition. Thus it is a series of uneasy images imaging otherwise but never apart from modernity that take us away from complicity toward a transformed tradition. The uneasy images of this book are photogrammic combinations of photographs and texts, mutual supplements, pulling tradition through the Event against the persistent and murderous forces of contemporary idolatry and repression. (shrink)

Animal behaviour and welfare research are part of a wider endeavour to optimize the health and wellbeing of humans, animals and ecosystems. As such, it is part of the One Health research agenda. This article applies ethical principles described by the One Health High Level Expert Panel to animal behaviour and welfare research. These principles entail that animal behaviour and welfare research should be valued equitably alongside other research in transdisciplinary and multisectoral collaboration. It should include and promote a multiplicity (...) of marginalized voices, including those of animals, and it should apply and describe a harmonious balance between human—animal-environment interactions. Lastly, it should describe how humans need to change behaviour, adopt sustainable solutions and recognize the importance of animal welfare and the integrity of the whole ecosystem. (shrink)

We are immersed within an odorous sea of chemical currents that we parse into individual odors with complex structures. Odors have been posited as determined by the structural relation between the molecules that compose the chemical compounds and their interactions with the receptor site. But, naturally occurring smells are parsed from gaseous odor plumes. To give a comprehensive account of the nature of odors the chemosciences must account for these large distributed entities as well. We offer a focused review of (...) what is known about the perception of odor plumes for olfactory navigation and tracking, which we then connect to what is known about the role odorants play as properties of the plume in determining odor identity with respect to odor quality. We end by motivating our central claim that more research needs to be conducted on the role that odorants play within the odor plume in determining odor identity. (shrink)

In recent years sociological research on social movements has identified emotional dynamics in all the basic processes and phases of protest, and we are only beginning to understand their causal impacts. These include the solidarities of groups, motivations for action, the role of morality in political action, and the gendered division of labor in social movements. Anger turns out to be at the core of many of these causal mechanisms.

As a practising lawyer and judge, it is the insights gained from Stephen's own experience that give an added practical dimension to this work. As well as his accounts of the history of the branches of the law, Stephen gives several fascinating analyses of famous trials, and explores the relation of madness to crime and the relation of law to ethics, physiology, and mental philosophy. His discussion also includes the subjects of criminal responsibility, offences against the state, the criminal jurisdiction (...) of the Privy Council, libel, Indian criminal law and offences against religion. (shrink)

Anthology of readings in moral philosophy.

In this paper we explain our pretense account of truth-talk and apply it in a diagnosis and treatment of the Liar Paradox. We begin by assuming that some form of deflationism is the correct approach to the topic of truth. We then briefly motivate the idea that all T-deflationists should endorse a fictionalist view of truth-talk, and, after distinguishing pretense-involving fictionalism (PIF) from error- theoretic fictionalism (ETF), explain the merits of the former over the latter. After presenting the basic framework (...) of our PIF account of truth-talk, we demonstrate a few advantages it offers over T-deflationist accounts that do not explicitly acknowledge pretense at work in the discourse. In turning to the Liar Paradox, we explain how the quasi-anaphoric functioning that our account attributes to truth-talk provides a diagnosis of the Liar Paradox (and other instances of semantic pathology) as having no content—in the sense of not specifying any of what we call M-conditions. At the same time, however, we vindicate the intuition that we can understand liar sentences, thereby avoiding one standard objection to “meaningless strategy” responses to the Liar Paradox. With this diagnosis in place, we then, by way of treatment, introduce a new predicate, ‘semantically defective’, and show how the explanation we give for its application allows for a consistent, yet revenge-immune, (dis)solution of the Liar Paradox, and semantic pathology generally. (shrink)

Written in a jargon-free way, Body Matters provides a clear and accessible phenomenological critique of core assumptions in mainstream biomedicine and explores ways in which health and illness are experienced and interpreted differently in various socio-historical situations. By drawing on the disciplines of literature, cultural anthropology, sociology, medical history, and philosophy, the authors attempt to dismantle common presuppositions we have about human afflictions and examine how the methods of phenomenology open up new ways to interpret the body and to re-envision (...) therapy. (shrink)

Introduction: divine violence and political fetishism -- The political theology of sovereignty -- In the maw of sovereignty -- Benjamin's dissipated eschatology -- Waiting for justice -- Forgiveness, judgment and sovereign decision -- The Hebrew republic -- Conclusion : the anarchist hypothesis.

In 1962, the philosopher Richard Taylor used six commonly accepted presuppositions to imply that human beings have no control over the future. David Foster Wallace not only took issue with Taylor's method, which, according to him, scrambled the relations of logic, language, and the physical world, but also noted a semantic trick at the heart of Taylor's argument. _Fate, Time, and Language_ presents Wallace's brilliant critique of Taylor's work. Written long before the publication of his fiction and essays, Wallace's thesis (...) reveals his great skepticism of abstract thinking made to function as a negation of something more genuine and real. He was especially suspicious of certain paradigms of thought-the cerebral aestheticism of modernism, the clever gimmickry of postmodernism-that abandoned "the very old traditional human verities that have to do with spirituality and emotion and community." As Wallace rises to meet the challenge to free will presented by Taylor, we witness the developing perspective of this major novelist, along with his struggle to establish solid logical ground for his convictions. This volume, edited by Steven M. Cahn and Maureen Eckert, reproduces Taylor's original article and other works on fatalism cited by Wallace. James Ryerson's introduction connects Wallace's early philosophical work to the themes and explorations of his later fiction, and Jay Garfield supplies a critical biographical epilogue. (shrink)

A belief one has is safe if either (i) it could not easily be false or (ii) in any nearby world in which it is false, it is not formed using the method one uses to form one’s actual belief. It seems our mathematical beliefs are safe if mathematical pluralism is true: if, loosely put, almost any consistent mathematical theory is true. It seems, after all, that in any nearby world where one’s mathematical beliefs differ from one’s actual beliefs, one (...) would believe some other true, consistent theory. Focusing on Justin Clarke-Doane’s recent discussion, I argue the thesis that mathematical beliefs are safe given pluralism faces some obstacles. I argue (i) is true of mathematical belief given pluralism only if we deny plausible claims about the interpretation of non-pluralists who many of us could easily be. Unless strong metasemantic theses are true, it is plausible many of us could easily deny or refuse to believe a consistent and true mathematical theory we actually believe. Since philosophical arguments and controversies permeate the methodology of foundational mathematics, I argue we cannot confidently distinguish the methods we use in mathematics between worlds, thus raising doubts about (ii). (shrink)