This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. (...) Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government-one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law , addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS. (shrink)

In this thorough compendium, nineteen accomplished scholars explore, in some manner the values they find inherent in the world, their nature, and revelence through the thought of Frederick Ferré. These essays, informed by the insights of Ferré and coming from manifold perspectives—ethics, philosophy, theology, and environmental studies, advance an ambitious challenge to current intellectual and scholarly fashions.

In this thorough compendium, nineteen accomplished scholars explore, in some manner the values they find inherent in the world, their nature, and revelence through the thought of Frederick FerrZ. These essays, informed by the insights of FerrZ and coming from manifold perspectives—ethics, philosophy, theology, and environmental studies, advance an ambitious challenge to current intellectual and scholarly fashions.

It is a privilege to be invited to contribute to the Festschrift dedicated to Professor Johan Buitendag, Emeritus Dean, Faculty of Theology and Religion at the University of Pretoria, South Africa. While his own work often examined the relationship between theology and natural science, he was also passionate about ecumenism and, in that spirit, the present essay utilised what might be described as an inductive approach to an important ecumenical question, the unity between Methodists and Catholics. Ecumenical dialogue is often (...) undertaken from a theological and dogmatic perspective. This essay took a different approach in that it sought to inductively examine what might be described as the inner logic of two ecclesial systems (Methodist and Catholic). In doing so, it was premised upon an Aristotelian philosophical principle, epistemic fit, in that it presupposed that both these ecclesial bodies possess an intrinsic logic that can be brought to the surface in order to exhibit parallel contours in the wider ecclesial terrain.Contribution: This article fits well within the scope of HTS Teologiese Studies/Theological Studies in that it contributed to a new subdiscipline in epistemology, which explores the conceptual and epistemological dimensions of ecclesiology. Using the concept of epistemic fit, the article offered an inductive approach to some of the practical issues that emerge in ecumenical dialogue. (shrink)

Many writers have sought to outline Wesley’s conception of how human beings obtain revelational knowledge. In this regard, the use of what has been dubbed the Wesleyan quadrilateral continues to remain widespread in both the academy and the pulpit. However, this presentation of Wesley’s thought has received severe criticism from the late William Abraham, philosopher of religion and Methodist commentator. He has proposed the creation of a new subdiscipline in epistemology for examining theology. This view has prompted a handful (...) of attempts to extrapolate John Wesley’s epistemology of theology from his various writings. The present essay will contribute to this discussion by examining Wesley’s approach to these questions. In doing so, it explores mainly the function and place of nature in Wesley’s theological reflections. Drawing mainly upon Wesley’s A View of the Wisdom of God in Creation, this essay shows that the natural world played an important, neglected role in Wesley’s epistemology of theology.Contribution: This article contributes to a new subdiscipline in epistemology for examining theology by presenting a new perspective on John Wesley by exploring the role of nature in his thought. Offering an epistemological–theological interpretation of John Wesley, this article fits well within the scope of HTS Teologiese Studies/Theological Studies, particularly this subsection. (shrink)

John Locke is widely perceived as a foundational figure within the liberal tradition. This book investigates the competing purposes that informed Locke's political philosophy, not all of which resulted in outcomes consistent with what we today understand as "liberal" ideals. Locke himself was unaware that he belonged to a "liberal" tradition. Traditions only acquire meaning in retrospect. But many have perceived the development of Locke's political philosophy as involving a smooth evolution from "authoritarian" origins to "liberal" conclusions, beginning with (...) Locke's Two Tracts on Government (1660-62) and culminating in his later political works, the Two Treatises of Government (1689) and A Letter Concerning Toleration (1689). This book advances an interpretation of this development which reveals how, by the time of his mature political writings, Locke sought to advance three competing imperatives within his political philosophy, only two of which were consistent with ideals of individual liberty. The other imperative sustained purposes much more aligned with the "authoritarianism" with which Locke's political philosophy began. The result is a much more complex and variegated understanding of Locke's political philosophy, focusing on its competing purposes. Liberty, Governance and Resistance will be of interest to researchers studying Locke, liberalism, and the history of ideas. (shrink)

I critically examine the claim that modal collapse arguments against the traditional doctrine of divine simplicity (DDS) are in general fallacious. In a recent paper, Christopher Tomaszewski alleges that modal collapse arguments against DDS are invalid, owing to illicit substitutions of nonrigid singular terms into intensional contexts. I show that this is not, in general, the case. I show, further, that where existing modal collapse arguments are vulnerable to this charge the arguments can be repaired without any apparent dialectical impropriety. (...) I conclude that the genuine debate over modal collapse and divine simplicity and modal collapse is substantially a controversy over the metaphysics of divine action, and that this constitutes a fruitful direction in which to take future discussions of the subject. (shrink)

The consequence argument purports to show that determinism is true only if no one has free will. Judgments about whether the argument is sound depend on how one understands locutions of the form 'p and no one can render p false'. The main interpretation on offer appeals to counterfactual sufficiency: s can render p false just in case there is something s can do such that, were s to do it, p would be false; otherwise, s cannot render p false. (...) Here I show that, in the context of the consequence argument, this interpretation conflicts with widely endorsed principles governing the logic of counterfactuals. (shrink)

Eligibility to compete in sport is organised principally around two binary distinctions: ‘clean/doped’ and ‘male/female’. These distinctions are challenged both by steroid users who wish to...

John Locke is widely regarded as one of the most influential of the Enlightenment philosophers. This volume, edited by J. W. Adamson and published as a second edition in 1922, contains two of John Locke's essays concerning education; Some Thoughts Concerning Education and Of the Conduct of the Understanding. Some Thoughts Concerning Education expands on Locke's pioneering theory of mind by explaining how to educate a child using three complementary methods: the development of a healthy body; the formation (...) of a virtuous mind; and the pursuit of an academic curriculum including the emerging sciences, mathematics and languages. Of the Conduct of the Understanding continues the theme of the earlier essay by describing how to develop rational thought. For over a century after the publication of these essays, John Locke's views on education were considered authoritative, and his work was translated into almost all major European languages. (shrink)

There is a crisis of leadership in sport. Leadership as an athletic excellence is under threat from the deepening influence of coaches on in-game decision- making. To appreciate what is being lost in this shift of responsibility, it is necessary to understand the challenge of athlete leadership. Captaincy is the quintessential on-field leadership role. However, the role of captain, and athlete leadership more widely, remains philosophically untheorized. This paper initiates a discussion of leadership in sport by providing the first normative (...) account of captaincy. Rugby union is used as a case study, as this sport preserves an especially demanding and complex form of captaincy that may provide a rough template for the revival of athlete leadership in other sports. A virtue theoretical analysis of the role is developed based on a functionalist conception of virtue. It is argued that discharging the responsibilities of such captaincy requires two key virtues: ‘sporting judgement’ and ‘responsibility’. (shrink)

First published in 1919, this book addresses the history of education in England from the 4th century AD to the early years of the 20th century. Adamson examines the impact of significant events, such as the Black Death, on contemporary systems of education, and stresses the role of the Church and the Roman Empire in shaping English education through the centuries. The book was influential enough that it remained a classic long after publication and even after Adamson's death in 1945. (...) This book will be of value to those studying the history and development of the education of both men and women in England. (shrink)

In 2013 the Nuffield Council on Bioethics launched their report Novel Neurotechnologies: Intervening in the Brain. The report, which adopts the European Commission’s notion of Responsible Research and Innovation, puts forward a set of priorities to guide ethical research into, and the development of, new therapeutic neurotechnologies. In this paper, we critically engage with these priorities. We argue that the Nuffield Council’s priorities, and the Responsible Research and Innovation initiative as a whole, are laudable and should guide research and innovation (...) in all areas of healthcare. However, we argue that operationalising Responsible Research and Innovation requires an in-depth understanding of the research and clinical contexts. Providing such an understanding is an important task for empirical ethics. Drawing on examples from sociology, science and technology studies, and related disciplines, we propose four avenues of social science research which can provide such an understanding. We suggest that these avenues can provide a manifesto for empirical ethics. (shrink)

Business, Institutions, and Ethics: A Text with Cases and Readings is the first text to use the analysis of social institutions to examine business ethics. It explains fundamental concepts in ethics and how to apply them to business and economics. The author shows how social institutions are constituted by an integrated set of ethical, economic, and legal principles, and then uses these principles to study the ethics of commerce at the individual, organizational, and market levels. This unique work features thirty-four (...) cases and articles that are organized into economic categories, providing a conceptual unity and flexibility not found in similar texts. The first half of the text focuses on theory, beginning with a case study that illustrates and unifies the theoretical discussions that follow. It examines market institutions, organizational structure, and individual decision making; interprets moral development as a process within institutional settings; and explains egoism, care, utilitarianism, right, and pluralistic ethical theories. It also discusses how economic analyses of markets and firms incorporate ethical principles, and argues that law reinforces ethical and economic aspects of social institutions important to the continued existence and well-being of society. The second half of the text consists of cases and articles organized by the economic categories of property, risk-reward relationships, information, and competition. Topics covered include corporate control, workplace dangers, marketing, and manufacturing relocation. Applicable in both business schools and philosophy departments, Business, Institutions, and Ethics shows how ethical principles can help us gather, sort, and interpret information necessary for making sound business decisions. Ideal for courses in business ethics and business and society, it is also a valuable reference for business professionals and philosophers. (shrink)

ABSTRACT‘Excellence’ underpins debates within sports ethics from the nature of sport to the permissibility of doping. Despite the central role that excellence occupies in ethical reasoning about sport, it has garnered more support than scrutiny in the literature. Little has been said about how this value can be advanced or undermined. This paper addresses that lacuna by demonstrating that excellence has a complexity that has previously gone unnoticed. Specifically, excellence has four distinct elements: the ‘cluster of excellence’, the ‘quantum of (...) excellence’, the ‘clarity of excellence’, and the ‘balance of excellence’. Correspondingly, excellence can be advanced or undermined in any of four ways. This analysis yields the ‘Excellence Principle’ – a principle that provides a desideratum for any broad internalist (i.e. interpretivist) theory of sport and a normative framework with which to undertake excellence-based reasoning in sports ethics. (shrink)

While sport has been practised since pre-historic times, it is a relatively new subject of systematic philosophical enquiry. Indeed, the philosophy of sport as an academic sub-field dates back only to the 1970s. Yet, in this short time, it has grown into a vibrant area of philosophical research that promises both to deepen our understanding of sport and to inform sports practice. Recent controversies at the elite and professional level have highlighted the ethical dimensions of sport in particular. Lance Armstrong’s (...) use of performance-enhancing drugs raised new issues in the ethics of cheating, middle-distance runner Caster Semenya has challenged prevailing rules around sex classification in sport, and Oscar Pistorius’s prosthesis has problematized the distinction between able-bodied and disabled sport. While philosophical analysis may help to achieve a deeper understanding of sport, such analysis may also illuminate problems of philosophy beyond sport, ranging from the nature of skill to the ethics of altruism. -/- This entry proceeds in three sections. Section 1 introduces the philosophy of sport with particular emphasis on the history of systematic philosophical thinking about sport. Section 2 examines the nature and value of sport, and it considers the main normative theories of sport developed in the literature. Section 3 addresses a cluster of topics that are central to the philosophy of sport, including: sportsmanship; cheating; performance enhancement; violent and dangerous sport; sex, gender, and race; fans and spectators; disability sport; and the aesthetics of sport. (shrink)

Appendices: I. The names of the law.--II. The theory of sovereignty; excursus.--III. The maxims of the law.--IV. The divisions of the law.--V. The territory of the state.--VI. International law.--VII. Authorities.

For more than 30 years and until his death in 2004 Jacques Derrida remained one of the most influential contemporary philosophers. It may be difficult to evaluate what forms his heritage will take in the future but _Derrida Now_ provides some provocative suggestions. Derrida’s often-controversial early reception was based on readings of his complex works, published in journals and collected in books. More recently attention has tended to focus on his later work, which grew out of the seminars that he (...) presented each year in France and the US. The full texts of these seminars are now the subject of a major publication project, to be produced over the next ten years. _Derrida Now_ presents contemporary articles based on or around the study of Derrida. It provides a critical introduction to Derrida’s complex and controversial thought, offers careful analysis of some of his most important concepts, and includes essays that address the major strands of his thought. Derrida’s influence reached not only into philosophy but also into other fields concerned with literature, politics, visual art, law, ecology, psychoanalysis, gender and sexuality and this book will appeal to readers in all these disciplines. Contributors include Peggy Kamuf, Geoff Bennington, Sarah Wood, Roy Sellars, Graham Allen, and Irving Goh. (shrink)

The seventeenth century English philosopher, John Locke, is widely recognized as one of the seminal sources of the modern liberal tradition. _Liberty, Toleration and Equality_ examines the development of Locke’s ideal of toleration, from its beginnings, to the culmination of this development in Locke’s fifteen year debate with his great antagonist, the Anglican clergyman, Jonas Proast. Locke, like Proast, was a sincere Christian, but unlike Proast, Locke was able to develop, over time, a perspective on toleration which allowed him (...) to concede liberty to competing views which he, personally, perceived to be "false and absurd". In this respect, Locke sought to affirm what has since become the basic liberal principle that liberty and toleration are only meaningful when they are accorded to views to which we ourselves are profoundly at odds. John William Tate seeks to show how Locke was able to develop this position on toleration over a long intellectual career. Tate also challenges some of the most prominent contemporary perspectives on Locke, within the academic literature, showing how these fall short of perceiving what is essential to Locke’s position. (shrink)

The Aeolic dimeter and trimeter constitute so considerable a part of Greek lyric and dramatic poetry that the correct apprehension of their form is a matter of great moment. The Greek metricians comprehended this rightly, in the main, but in the first half of the nineteenth century the doctrine of these learned men was supplanted by a new theory that attempted to apply the principles that underlie modern poetry to the explanation of the undoubtedly complex rhythm of these clauses. Many (...) scholars persistently maintain this theory. It is not difficult to discover why it was invented and why it remains attractive. That the quantitative rhythms and metres of Greek poetry should seem complicated to men whose language is accentual is inevitable, whereas modern metres and rhythms are notoriously simple. The limitations imposed upon poetic form by accentual speech are extreme. No modern poet, for example, has attempted Ionic or Cretic measures. Again Greek music was simple, and both music and dance were under the control of the singers, but modern music is a complex art, and casts language in an iron mould. Nevertheless musical expression must be the basis of comparison, so far as we allow ourselves to institute it, between ancient and modern rhythms. The attempt to conform Greek lyrics to the elementary—and uncertain—rhythms of modern poetry that is merely read or recited implies a fundamental misconception of relations. Greek lyrics were melic. Agathon, in the Thesmophoriazusae, sings as he composes. These Greek songs were never intended to be read by anybody, Greek or barbarian. (shrink)

There is an increasingly prevalent view among some contemporary Locke scholars that Locke's political philosophy is thoroughly subordinate to theological imperatives, centered on natural law. This article challenges this point of view by critically evaluating this interpretation of Locke as advanced by some of its leading proponents. This interpretation perceives natural law as the governing principle of Locke's political philosophy, and the primary source of transition and reconciliation within it. This article advances a very different reading of Locke's political philosophy, (...) perceiving within it competing imperatives that cannot be subsumed by natural law, and are, in some respects, at odds with it. In this way, the article shows how the “theological” interpretation of Locke's political philosophy, centred on natural law, fails to account for some of that philosophy's fundamental features, and is unable to explain some of its key outcomes, with the result that this interpretation falls short of its critical ambitions. (shrink)

For more than 30 years and until his death in 2004 Jacques Derrida remained one of the most influential contemporary philosophers. It may be difficult to evaluate what forms his heritage will take in the future but _Derrida Now_ provides some provocative suggestions. Derrida’s often-controversial early reception was based on readings of his complex works, published in journals and collected in books. More recently attention has tended to focus on his later work, which grew out of the seminars that he (...) presented each year in France and the US. The full texts of these seminars are now the subject of a major publication project, to be produced over the next ten years. _Derrida Now_ presents contemporary articles based on or around the study of Derrida. It provides a critical introduction to Derrida’s complex and controversial thought, offers careful analysis of some of his most important concepts, and includes essays that address the major strands of his thought. Derrida’s influence reached not only into philosophy but also into other fields concerned with literature, politics, visual art, law, ecology, psychoanalysis, gender and sexuality and this book will appeal to readers in all these disciplines. Contributors include Peggy Kamuf, Geoff Bennington, Sarah Wood, Roy Sellars, Graham Allen, and Irving Goh. (shrink)

Should political leaders have a right to privacy? Incursions by new and traditional media into the private lives of political leaders are commonplace. Are such incursions ethically justifiable? Prima facie, the question of ‘political privacy’ seems to involve a conflict between a politician's self‐interest in retaining a protected private realm and citizens' public interest in having access to information about their representative's private life. Indeed, this is the structure that the debate has typically assumed. I challenge this orthodox view by (...) demonstrating that there is a public interest in political privacy grounded in the relationship between privacy and political judgement. I argue that the political privacy debate should be recast to recognise this conflict between two different strands of the public interest. This conflict presents a dilemma for democratic theory: in providing voters with private information relevant to the evaluation of political leaders' suitability for office and performance within it, we threaten to undermine the conditions necessary to attract candidates of judgement and for political leaders to judge well once in office. (shrink)