Si la philosophie du droit a une très longue histoire, le bouleversement des conditions techniques, économiques, sociales et politiques nous impose aujourd'hui de renouveler en profondeur le traitement des questions qu'elle pose traditionnellement ainsi que les réponses qui y sont données. La définition de la justice, le partage des biens et des charges de la vie en société, les rôles respectifs de l'État, du marché et de la société civile, la mission des juges et l'application des lois, ou encore le (...) contenu et l'importance des droits de l'homme, doivent être réexaminés dans une perspective instruite par l'éclairage historique, mais résolument tournée vers les problèmes du présent et les choix qui engagent l'avenir. C'est dans une telle optique qu'a été conçu cet ouvrage. (shrink)

La 4e de couverture indique : "Comment se pratique la philosophie du droit en ce début de XXIe siècle à la suite des bouleversements politiques et théoriques observés lors du siècle précédent? Comment se pose la question du droit pour et dans la philosophie, et quelles sont les spécificités du rapport que les juristes nouent à la philosophie dans le déploiement de leur pratique juridique, ainsi que dans leur propre réflexion sur le droit? Les textes présents dans ce volume, rédigés (...) en l'honneur de Guy Haarscher par des amis et des collègues influencés par son travail, abordent ce questionnement en profitant, à sa suite, de la multiplicité des espaces de croisement entre les discours juridiques et philosophiques, qu'il s'agisse de la spécificité des droits de l'homme ou du droit constitutionnel dans le champ juridique, des choix moraux à l'oeuvre lors des conflits entre droits fondamentaux, de la place de la rhétorique ou de l'utilisation de la philosophie dans la procédure judiciaire, du statut réservé à la technique juridique dans la tradition philosophique occidentale, d'un légalisme commun au jusnaturalisme et au juspositivisme, d'une forme de moralité purement interne à la pratique du droit, de la question du tribunal de l'histoire ou encore du sens juridique de la laïcité.". (shrink)

If you want to challenge or at least weaken the adhesion to a system of values, you can basically adopt two radically opposed rhetorical strategies. Either you will attack the system in a frontal way: for instance, fundamentalists or fascists deny any validity to democratic values and human rights. Or you will pretend to argue from within the system (by saying that you accept some of its basic premises), while subtly distorting the process of reasoning in order to get to (...) your conclusions. If the audience is naïve or poorly informed, you will be able to defend positions that are fundamentally at odds with liberal-democratic values while seeming to argue from inside the system. I would like to show how such a process of “perverse” translation works in the context of the Darwinism/Creationism “controversy”. The attacks on the teaching of evolutionary biology began approximately one century ago. The way Creationists have argued and changed several times their rhetorical strategies seems very interesting to me, in that it exemplifies an important contemporary phenomenon, which I call “perverse translation” or “the wolf in the sheepfold”. (shrink)

On parle depuis longtemps d'une "dialectique de la raison", c'est-à-dire d'un renversement de la raison en son contraire : identifiée à l'origine à un projet d'émancipation, elle se serait subrepticement transformée en "raison du plus fort". C'est à une telle question que le présent livre s'attache de façon critique : analysant la philosophie politique de Leo Strauss, la dialectique de la raison et la force chez Machiavel, Hobbes et Locke, l'approche de la modernité par Foucault et par l'Ecole de Francfort, (...) l'ouvrage se termine sur une mise en question générale de la métaphysique post-kantienne. (shrink)

This chapter contains section titled: “Continental”: Still Relevant? From Hierarchy to Equality: The Ascent of “Negotiated Law” Human Rights Law and the “Balance of Interests” References.

In the first part of the essay, the author analyzes the difference and the relation between two different ideas of toleration, the passive and the active meaning. While the former is related to opportunistic and prudential purposes, the second is grounded in an ethical framework and presupposes the individual's freedom of conscience. This second meaning appears to be very important in a multicultural society: On its basis it is possible to develop toleration both as a plurality of contexts of choice (...) and as a priority rule between conscience and culture in Rawlsian terms. In the second part, starting from the case of O. Preminger Institut v. Austria, the author examines the relation between this idea of toleration and freedom of speech. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 676-695, May 2022.

Analyzes the relationship of power, bureaucracy, and change in modern society.

This chapter is divided into three parts. First I outline what makes something an objective list theory of well-being. I then go on to look at the motivations for holding such a view before turning to objections to these theories of well-being.

This paper pursues Ernan McMullin‘s claim ("Virtues of a Good Theory" and related papers on theory-choice) that talk of theory virtues exposes a fault-line in philosophy of science separating "very different visions" of scientific theorizing. It argues that connections between theory virtues and virtue epistemology are substantive rather than ornamental, since both address underdetermination problems in science, helping us to understand the objectivity of theory choice and more specifically what I term the ampliative adequacy of scientific theories. The paper argues (...) therefore that virtue epistemologies can make substantial contributions to the epistemology and methodology of the sciences, helping to bridge the gulf between realists and anti-realists, and to re-enforce moderation over claims about the implications of underdetermination problems for scientific inquiry. It finally makes and develops the suggestion that virtue epistemologies, at least of the kind developed here, offer support to the position that philosophers of science know as normative naturalism. (shrink)

This chapter focuses on the responses that proponents of virtue epistemology (VE) make to radical skepticism and particularly to two related forms of it, Pyrrhonian skepticism and the “underdetermination-based” argument, both of which have been receiving widening attention in recent debate. Section 1 of the chapter briefly articulates these two skeptical arguments and their interrelationship, while section 2 explains the close connection between a virtue-theoretic and a neo-Moorean response to them. In sections 3 and 4 I advance arguments for improving (...) the prospects of virtue-theoretic responses, sketching a particular version of VE that by recasting somewhat how we understand the “externalist turn in epistemology” also suggests ways of improving the adequacy of philosophical diagnoses and responses to skepticism. (shrink)

Claims about needs are a ubiquitous feature of everyday practical discourse. It is therefore unsurprising that needs have long been a topic of interest in moral philosophy, applied ethics, and political philosophy. Philosophers have devoted much time and energy to developing theories of the nature of human needs and the like. -/- Philosophers working on needs are typically committed to the idea that there are different kinds of needs and that within the different kinds of needs is a privileged class (...) of needs that is especially normatively significant. -/- Some philosophers go further and make rather grand claims about needs. They claim that needs are central or fundamental to moral thinking and that we must have a needs-centred moral theory or a general reorientation of moral philosophy around needs. -/- In this paper I aim to do two things. First, to show how applying recent work on modal terms can help us to understand thought and talk about needs. This is the positive part. I then use these ideas to cast doubt on the more ambitious claims about needs. Put briefly, a proper understanding of claims about needs undermines the idea that the concept of needs is fundamental in moral thought or in moral philosophy. Ambitious needs theory fails. (shrink)

Chen Guying’s _Laozi_ includes some of the most significant traditional commentary and influential contemporary scholarship. This book completely changed _Laozi_ studies in China, and its English translation gives scholars a unique inroad to Chinese perspectives on the _Laozi_.

So-called theories of well-being (prudential value, welfare) are under-represented in discussions of well-being. I do four things in this article to redress this. First, I develop a new taxonomy of theories of well-being, one that divides theories in a more subtle and illuminating way. Second, I use this taxonomy to undermine some misconceptions that have made people reluctant to hold objective-list theories. Third, I provide a new objective-list theory and show that it captures a powerful motivation for the main competitor (...) theory of well-being (the desire-fulfilment theory). Fourth, I try to defuse the worry that objective-list theories are problematically arbitrary and show how the theory can and should be developed. (shrink)

Evidentialism as Earl Conee and Richard Feldman present it is a philosophy with distinct aspects or sides: Evidentialism as a conceptual analysis of epistemic justification, and as a prescriptive ethics of belief. I argue that Conee and Feldman's ethics of belief has 'weak roots and sour fruits.' It has "weak roots" because it is premised on their account of epistemic justification qua synchronic rationality, and this is neither necessary nor sufficient for knowledge. Also, Conee and Feldman's thesis O2 (An agent (...) ought to always have just exactly that attitude towards a proposition supported by his / her evidence at that particular moment) is not support by in their “Ethics of Belief” article by V3 (Being synchronically rational at every moment is uniformly what it is to constitute epistemic success and to maximize epistemic value). That austere ethics of belief has "sour fruits" because the austere evidentialist ethic of belief is unable to support reasonable disagreement, and conflates psychographic contrareity epistemic fault or irrationality. The "hard line" and universal agnostic suspension it takes as the only rational stances of disagreement are really caricatures of different extreme responses to contrareity found among dogmatists and skeptics, respectively. I contrast this with John Rawls' understanding of "reasonable pluralism" and of the many sources of faultless disagreement over what Rawls termed comprehensive conceptions of the good. (shrink)

The Theory of Planned Behavior predicts that a combination of attitudes, perceived norms, and perceived behavioral control predict intentions, and that intentions ultimately predict behavior. Previous studies have found that the TPB can predict students’ engagement in plagiarism. Furthermore, the General Theory of Crime suggests that self-control is particularly important in predicting engagement in unethical behavior such as plagiarism. In Study 1, we incorporated self-control in a TPB model and tested whether norms, attitudes, and self-control predicted intention to plagiarize and (...) plagiarism behavior. The best statistical fit for the path-analytic model was achieved when a direct path from self-control to plagiarism engagement was specified. In Study 2, we added a measure of perceived behavioral control and split the measurement of norms into descriptive and injunctive components. This study found that both self-control and perceived-behavioral control additively contributed to the prediction of plagiarism and the path-analytic model achieved its best fit when direct paths from perceived norms to plagiarism behavior were specified. These studies suggest that setting strong anti-plagiarism norms, such as by the use of honor codes, and seeking to enhance students’ self-control may reduce engagement in plagiarism. (shrink)

Well-being occupies a central role in ethics and political philosophy, including in major theories such as utilitarianism. It also extends far beyond philosophy: recent studies into the science and psychology of well-being have propelled the topic to centre stage, and governments spend millions on promoting it. We are encouraged to adopt modes of thinking and behaviour that support individual well-being or 'wellness'. What is well-being? Which theories of well-being are most plausible? In this rigorous and comprehensive introduction to the topic, (...) Guy Fletcher unpacks and assesses these questions and many more, including: Are pleasure and pain the only things that affect well-being? Is desire-fulfilment the only thing that makes our lives go well? Can something be good for someone who does not desire it? Is well-being fundamentally connected to a distinctive human nature? Is happiness all that makes our lives go well? Is death necessarily bad for us? How is the well-being of a whole life related to well-being at particular times? Also included is a glossary of key terms, and annotated further reading and study and comprehension questions follow each chapter, making _The Philosophy of Well-Being_ essential reading for students in ethics and political philosophy, and also suitable for those in related disciplines such as psychology, politics and sociology. (shrink)

This article traces a growing interest among epistemologists in the intellectuals of epistemic virtues. These are cognitive dispositions exercised in the formation of beliefs. Attempts to give intellectual virtues a central normative and/or explanatory role in epistemology occur together with renewed interest in the ethics/epistemology analogy, and in the role of intellectual virtue in Aristotle's epistemology. The central distinction drawn here is between two opposed forms of virtue epistemology, virtue reliabilism and virtue responsibilism. The article develops the shared and distinctive (...) claims made by contemporary proponents of each form, in their respective treatments of knowledge and justification. (shrink)

Chapter 3 surveys objectivity in the natural sciences. Thomas Kuhn problematized the logicist understanding of the objectivity or rationality of scientific change, providing a very different picture than that of the cumulative or step-wise progress of theoretical science. Theories often compete, and when consensus builds around one competitor it may be for a variety of reasons other than just the direct logical implications of experimental successes and failures. Kuhn pitted the study of the actual history of science against what Hans (...) Reichenbach referred to as the “logical substitutes” logicists used to reconstruct the rationality of theory change. Such substitutes were promoted to show that theory confirmation is a purely epistemic affair, where purely epistemic implies purely inferential. But where the positivists saw logical compulsion as the reason for theory change, Kuhn saw psychology in values as relevant to how theories are actually confirmed or accepted by the scientific community. (shrink)

This book discusses Process Pragmatism, the view that whatever is, derives from interactions. The contributors examine and defend its merits by focusing on major topics, including truth, the existence of unobservables, the origin of knowledge, scientific activity, mathematical functions, laws of nature, and moral agency.

Le premier numéro de Pierre d'angle s'ouvrait par un éditorial qui en proposait l'esprit et les orientations. Il nous a paru opportun, à l'occasion de cettetroisième livraison, d'approfondir sous forme d'une méditation à trois voix, et selon une thématisation plus explicite - à la fois philosophique, historienne et théologique -, les motif et les enjeux de ce dialogue de la foi avec la culture contemporaine, si difficile qu'il soit de saisir celle-ci dans son unité. Nous avons choisi de vous présenter (...) notre démarche sous la forme d'un paradoxe.. (shrink)

The challenges of higher education can be stressful, anxiety-producing, and sometimes depressing for students. Such negative emotions may influence students’ attitudes toward assessment, such as whether it is perceived as acceptable to engage in plagiarism. However, it is not known whether any impact of negative emotions on attitudes toward plagiarism translate into actual plagiarism behaviours. In two studies conducted at two universities, we examined whether negative emotionality influenced plagiarism behaviour via attitudes, norms, and intentions as predicted by the theory of (...) planned behaviour. In both studies, negative affect predicted plagiarism intentions mediated by perceived norms, and intentions predicted plagiarism behaviour. These findings suggest that students’ negative emotionality is a risk for plagiarism engagement and that higher education institutions should support students’ emotional well-being, especially regarding assessment practices. (shrink)

The concept of well-being is one of the oldest and most important topics in philosophy and ethics, going back to ancient Greek philosophy and Aristotle. Following the boom in happiness studies in the last few years it has moved to centre stage, grabbing media headlines and the attention of scientists, psychologists and economists. Yet little is actually known about well-being and it is an idea often poorly articulated. The Routledge Handbook of Philosophy of Well-Being provides a comprehensive, outstanding guide and (...) reference source to the key topics and debates in this exciting subject. Comprising over forty chapters by a team of international contributors, the Handbook is divided into six parts: well-being in the history of philosophy current theories of well-being, including hedonism, and perfectionism examples of well-being and its opposites, including friendship and virtue and pain and death theoretical issues such as well-being and value, harm, identity and well-being and children well-being in moral and political philosophy well-being and related subjects including law, economics, and medicine. Essential reading for students and researchers in ethics and political philosophy, it will also be an invaluable resource for those in related disciplines such as psychology, politics and sociology. (shrink)

To speak of being religious lucky certainly sounds odd. But then, so does “My faith holds value in God’s plan, while yours does not.” This book argues that these two concerns — with the concept of religious luck and with asymmetric or sharply differential ascriptions of religious value — are inextricably connected. It argues that religious luck attributions can profitably be studied from a number of directions, not just theological, but also social scientific and philosophical. There is a strong tendency (...) among adherents of different faith traditions to invoke asymmetric explanations of the religious value or salvific status of the home religion vis-à-vis all others. Attributions of good/bad religious luck and exclusivist dismissal of the significance of religious disagreement are the central phenomena that the book studies. Part I lays out a taxonomy of kinds of religious luck, a taxonomy that draws upon but extends work on moral and epistemic luck. It asks: What is going on when persons, theologies, or purported revelations ascribe various kinds of religiously-relevant traits to insiders and outsiders of a faith tradition in sharply asymmetric fashion? “I am saved but you are lost”; “My religion is holy but yours is idolatrous”; “My faith tradition is true, and valued by God, but yours is false and valueless.” Part II further develops the theory introduced in Part I, pushing forward both the descriptive/explanatory and normative sides of what the author terms his inductive risk account. Firstly, the concept of inductive risk is shown to contribute to the needed field of comparative fundamentalism by suggesting new psychological markers of fundamentalist orientation. The second side of what is termed an inductive risk account is concerned with the epistemology of religious belief, but more especially with an account of the limits of reasonable religious disagreement. Problems of inductively risky modes of belief-formation problematize claims to religion-specific knowledge. But the inductive risk account does not aim to set religion apart, or to challenge the reasonableness of religious belief tout court. Rather the burden of the argument is to challenge the reasonableness of attitudes of religious exclusivism, and to demotivate the “polemical apologetics” that exclusivists practice and hope to normalize. Lexington Books Pages: 290 978-1-4985-5017-8 • Hardback • December 2018 • $95.00 • (£65.00) 978-1-4985-5018-5 • eBook • December 2018 • $90.00 • (£60.00) ISBN 978-1-4985-5018-5 (pbk: alk. paper) (coming 2020) [Download the 30% personal use Discount Order Form I uploaded for hardcover or e-book, and please ask your library to purchase a copy for their collection.]. (shrink)