The book is aimed at students and scholars of law, politics and philosophy. Of unprecedented breadth, it offers both a survey of, and an original contribution to, the field by some the world's leading scholars of constitutional theory.

The principle of informed consent is so firmly established in bioethics and biomedicine that the term was soon bowdlerized in common practice, such that engaging in the informed decision-making process with patients or research subjects is now often called “consenting” them. This evolution, from the original concept to the rather questionable coinage that makes consent a verb, reveals not only a loss of rhetorical precision but also a fundamental shift in the potential meaning, value, and implementation of the informed consent (...) process. Too often, the sharing of information has been replaced by the mere acquisition of agreement with the authority ostensibly offering a choice.Scholars of informed consent agree that its salience and its legitimacy derive from a fiduciary duty to inform, in order to respect, protect, and promote autonomous decision making by those to whom the duty is owed. (shrink)

This Handbook brings together contributions from leading scholars of constitutional theory, with backgrounds in law, philosophy, and political science. Its 60 chapters not only offer an exceptional survey of the field but also provide a major contribution to it. The book explores three main areas. Firstly, the values upheld by a constitution, including rights, freedom, equality, dignity and well-being. Secondly, the modalities of a constitutional system, such as the separation of powers, democratic representation, and the rule of law. Finally, the (...) institutions through which it operates, both legal and political; including courts, elections, parliaments and international organisations. It also considers the challenges confronting constitutional arrangements from growing inequality, populism, climate change and migration. (shrink)

Technology is developing fast - so fast that it threatens to overwhelm the very species whose genius lies in its technological cunning: us. From the metaverse to genetic engineering and mood-altering pharmaceuticals, to cybersex and cyberwar and the widespread automation of work, new technologies are rewriting the terms of our existence, not in a neutral spirit of 'progress' but in line with the priorities of power and profit, and in ways that often work against the grain of our fundamental being.In (...) this timely, provocative book, Richard King argues that we need to evolve a more critical attitude to new technologies if we are to avoid a world in which humans are no different in kind from algorithmic machines. The stakes could not be higher. As science, technology and capitalism fuse into a single system, and activists and entrepreneurs talk of a 'post-human' future in which individuals will transform themselves using powerful computers and biotechnologies, we are entering unchartered territory - a territory marked with the mapmaker's warning, Here Be Dragons... Here Be Monsters. (shrink)

Introduction: Hannah Arendt's world -- Guilt and responsibility -- The origins of totalitarianism in America -- Rediscovering the world -- Arendt, Tocqueville, and Cold War America -- Arendt, Riesman, and America as mass society -- Arendt and postwar American thought -- Reflections/refractions of race, 1945-1955 -- Arendt, the schools, and civil rights -- The Eichmann case -- Against the liberal grain -- The revolutionary traditions -- The crises of Arendt's republic -- Conclusion: once more: the film, Eichmann, and evil.

Orientalism and Religion offers us a timely discussion of the implications of contemporary post-colonial theory for the study of religion. Drawing on a variety of post-structuralist and post-colonial thinkers, including Foucault, Gadamer, Said, and Spivak, Richard King examines the way in which notions such as mysticism, religion, Hinduism and Buddhism are taken for granted, and shows us how religion needs to be redescribed along the lines of cultural studies.

This book provides an in-depth analysis of the doctrines of early Advaita Vedanta and Indian Mahayana Buddhism in order to examine the origins of Vedanta.

It is tempting to think that we have heard just about all we want or need to know about race. As the above quotes indicate, modern notions of race have always revolved around the faculty of vision, with supplementary contributions from other senses such as hearing, as Arendt notes in a tacit allusion to one mark of Jewish difference—the way they sounded when concentrated in urban settings. Yet two very recent works—Mark M. Smith's How Race Is Made and Anne C. (...) Rose's Psychology and Selfhood in the Segregated South —have much to teach us about how race has “worked”, particularly in the twentieth-century South but also, by implication, in the United States in general. Both works assume that, historically, race is no mere add-on to the self, a kind of externality that, once detected, can be relatively easily excised. Rather, it stands right at the heart of personal and group identity in a nation where race and ethnicity continue to assume surprising new shapes and forms. (shrink)

My interest here is in the way Leo Strauss and his followers, the Straussians, have dealt with race and rights, race and slavery in the history of the United States. I want, first, to assess Leo Strauss's rather ambivalent attitude toward America and explore the various ways that his followers have in turn analyzed the Lockean underpinnings of the American “regime,” sometimes in contradistinction to Strauss's views on the topic. With that established, I turn to the account, particularly that offered (...) by Harry Jaffa, of how slavery and race comported—or did not—with the Straussian account of the political foundations of the new nation and how latter-day followers of Strauss have dealt with the persisting topic of race and racism in America. Overall, I want to make two large points. First, the Straussian commitment to superhistorical standards provides the Straussians with a moral perspective on slavery, race, and racism. Second, though race and slavery have been less than central among the concerns of most followers of Strauss, the contributions of Jaffa and others have significantly shaped the present American conservative position on race, including the idea of color-blindness. (shrink)

Contemporary accounts of early Mah y na Buddhist schools like the Madhyamaka and the Yog c ra tend to portray them as generally antithetical to the Abhidharma of non-Mah y na schools such as the Therav da and the Sarv stiv da. This paper attempts to locate early Yog c ra philosophical speculation firmly within the broader context of Abhidharma debates. Certain key Yog c ra concepts such as layavij na, vij apti-m trat and citta-m tra are discussed insofar as (...) they relate to pre-existing concepts and issues found in the Vaibh sika and Sautr ntika schools, with specific reference to the Abhidharmakośa and the corresponding bh sya of Vasubandhu. Finally, some remarks are made about the, benefits of approaching the history of religious ideas without the benefits and distortions of hindsight, particularly as this relates to the attribution of an idealistic position to the early Yog c ra literature. (shrink)

Chinese and Greco-Roman ethics present highly articulate views on how one should live; both of these traditions remain influential in modern philosophy. The question arises how these traditions can be compared with one another. Comparative ethics is a relatively young discipline; this volume is a major contribution to the field. Fundamental questions about the nature of comparing ethics are treated in two introductory chapters, and core issues in each of the traditions are addressed: harmony, virtue, friendship, knowledge, the relation of (...) ethics to morality, relativism, emotions, being and unity, simplicity and complexity, and prediction. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.1 (2000) 106-123 [Access article in PDF] The (Mis)Uses of Cannibalism in Contemporary Cultural Critique C. Richard King At least since 1979, when W. Arens demystified what he termed "the man-eating myth," cannibalism, once a fundamental feature of the anthropological imagination and a primary trope for interpreting cultural difference, has become subject to serious debate and lingering doubt [see Osborne]. Even as some anthropologists have sought (...) to recuperate anthropophagy as a tangible symbolic, ideological, and ritual complex [Brown and Tuzin; Conklin, "'Thus are our Bodies'"; Forsyth; Harris, Good to Eat 199-234; Sanday], a constellation of scholarly projects and popular works has complicated cannibalism by relocating it in the West. Perhaps most visibly, Hollywood cinema has reclaimed cannibalism. Although a handful of films have revived well-worn clichés of dark-skinned savages preparing to consume Westerners, as in King Solomon's Mines and Crocodile Dundee, others have cast the Western subject as cannibal to grapple with the horrors of reluctant cannibalism, as in Alive! [see Fiddes 121-31], to work through the transgressive and terrifying desires associated with psychopathic cannibalism, as in The Silence of the Lambs [Fuss; Halberstam], and importantly to parody the normative beliefs and behaviors of white, middle-class, heterosexual EuroAmericans, as in Eating Raoul and Parents. At the same time, an array of scholars, artists, and activists have invoked cannibalism to fashion critical perspectives on Western cultural practices. In his film Cannibal Tours (1987), Dennis O'Rourke encourages his audiences to think critically about tourists who travel to the Sepik River Valley to encounter reformed cannibals, asking implicitly who the cannibals are, the Melanesians who formerly (were thought to/claim to have) practiced anthropophagy or the tourists who travel to New Guinea to consume them [see Bruner]. Others have pushed the metaphor. Michael Ames, borrowing explicitly from O'Rourke, uses the cannibal to reframe ethnographic museums and their practices. Similarly, Jane Tompkins asserts that "Museums are a form of cannibalism made safe for polite society" [533]. More generally, Crystal Bartolovich playfully glosses consumerism as the cultural logic of the late cannibalism; bell hooks speaks of the EuroAmerican desires for and incorporation of things ethnic as "eating the other"; and Rosalind Morris suggests that cannibalism is the essential metaphor for late capitalism. More telling, however, are a set of overlapping critical projects that offer detailed theorizations [End Page 106] [Begin Page 108] of contemporary anthropophagy. Here, I will examine three that have had an important impact on discussions of tourism, museums, cultural appropriation, and consumption. Dean MacCannell, in an exciting exploratory review of the documentary Cannibal Tours, makes explicit what O'Rourke left unsaid: we are cannibals, and contemporary capitalism is neocannibalism. Perhaps more radically, Jack Forbes argues that Western civilization fosters cannibalism as an embodied, psychosocial condition or psychosis rooted in exploitation and consumption. Inspired at least in part by Forbes, Deborah Root rethinks Western civilization as cannibal culture.Although I am terribly sympathetic with these perspectives, particularly their political commitments and theoretical creativity, I am disturbed by the practices and effects that animate them. Indeed, as powerful as this critical field promises to be, it is at the same time troubling and dangerous. Although it defamiliarizes practices of cultural production and consumption, it does not enhance understanding of the contexts in which individuals and institutions deploy them and does less to effectively challenge or undermine them. In reframing beliefs and behaviors to accentuate productivity and power, it reinstates and reaffirms binaries and, worse, often turns on the same forms of appropriation.* * *Arguably, flesh eating has always promoted the elaborations of differences. Works central to the Western canon mobilize cannibalism to make (sense of) the world. Herodotus offers an early anthropophagic distinction:These Scythian husbandmen then occupy the country eastward for three days' journey.... Beyond this region the country is desert for a great distance; and beyond the desert Androphagi dwell.... The Androphagi have the most savage customs of all men; they pay no regard to justice, nor make use of any established law. They are nomads and wear a dress like a Scythian; they... (shrink)

Hannah Arendt first argued the continuities between the age of European imperialism and the age of fascism in Europe in 'The Origins of Totalitarianism'. This text uses Arwndt's insights as a starting point for further investigations into the ways in which race, imperialism, slavery and genocide are linked.

Dans le Philèbe de Platon, Socrate fait valoir que la vie bonne doit consister en la connaissance et le plaisir. Une partie de cette démonstration consiste en une analyse des parties de la connaissance où la connaissance peut être plus ou moins pure, plus ou moins mêlée d’éléments étrangers tels que la sensation ou l’expérience. Lorsqu’elle est pure, elle s’attache à la vérité, pure et simple. Car, nous devons l’admettre, la connaissance est vraie, quoiqu’elle puisse être d’autre par ailleurs. La (...) connaissance peut rendre les humains bons, c’est-à-dire leur permettre de bien faire, de manière fiable et souple, mais elle a son bien au-delà de l’existence humaine – elle n’est pas limitée à l’existence humaine. Nous suggérons ici que Platon détermine en fait la connaissance à partir de sa finalité – sa cause finale est utilisée pour déterminer sa cause formelle : ce que vise la connaissance nous dit ce qu’elle est. Au lieu de nous fournir une analyse selon l’aporie finale et insatisfaisante du Théétète (« l’opinion vraie accompagnée de raison »), la connaissance est ainsi dotée d’une justification fonctionnelle. Une partie de cette proposition est que la connaissance se doit d’être vraie ; c’est ce qui garantit sa stabilité : elle est à elle-même sa propre fin. Le bien de la connaissance, c’est la vérité. C’est ce qui lui permet de se comporter comme un guide pour l’âme. Les attributs additionnels de ce clan, qui est celui de la connaissance, découlent de la vérité et de leur relation à elle : exactitude, clarté et pureté. Car dans la mesure où ils sont purs et sans mélange avec des éléments étrangers tels que la pratique ou la sensation, ils ne s’intéressent qu’à des unités exactes, de choses qui sont ce qu’elles sont, de sorte que leur clarté n’est en rien troublée. C’est la dialectique qui recherche et établit cela. (shrink)

Recent controversies in Japanese Buddhist scholarship have focused upon the Mah y na notion of a “Buddha nature” within all sentient beings and whether or not the concept is compatible with traditional Buddhist teachings such as an tman. This controversy is not only relevant to Far Eastern Buddhism, for which the notion of a Buddha-nature is a central doctrinal theme, but also for the roots of this tradition in those Indian Mah y na s tras which utilised the notion of (...) tath gatagarbha. One of the earliest Buddhist texts to discuss this notion is the Queen r m l S tra, which appears to display a transitional and revisionist attitude towards traditional Mah y na doctrines such as emptiness and no-abiding-self. These and related issues are examined as they occur in the r m l S tra and as they might relate to the issue of the place of Buddha-nature thought within the Buddhist tradition. Finally some concluding remarks are made about the quest for “true” Buddhism. (shrink)

Professor Margaret Canovan wrote two studies of the work of German-Jewish émigré political theorist, Hannah Arendt. The first, The Political Thought of Hannah Arendt, appeared in 1974, while Hannah Arendt: A Reinterpretation of Her Political Thought was published in 1992. Both were intended for the Anglophone world, especially the US and Great Britain, although Arendt’s reception was more favorable in America where she settled in 1941 than in the UK. An historian of political thought at Keele University, UK, Canovan was (...) ideal to bring Arendt to a general academic audience not to aim at a highly specialized readership deeply grounded in German thought. Though Canovan emphasized the conservative dimensions of Arendt’s thought, her conclusion was, finally, that Arendt’s political thought was a form of modern “republicanism” not an argument for inherited political traditions or a plea for New Left radicalism. It was a plea for pluralism, as it were. (shrink)

Parva naturalia ist eine Gruppe kleinerer Schriften, die folgende Einzeltitel umfasst: De sensu et sensato, De memoria et reminiscentia, De somno et vigilia, De insomniis, De divinatione per somnum, De longaevitate et brevitate vitae, De iuventute et senectute. Der Titel Parva naturalia geht auf den mittelalterlichen Philosophen und Aristoteliker Aegidius Romanus zurück. Die Parva naturalia vervollständigen das Projekt von De anima, indem sie die darin entwickelten Definitionen der Seele und ihrer Vermögen für die Erklärung eines weiten Spektrums unterschiedlicher Leistungen und (...) Verhaltensweisen des Lebendigen zur Anwendung bringen. (shrink)