In this paper we discuss the question whether God intends that sin occur. We clarify the question, consider some of the answers given in the Christian tradition, and give a careful commentary on a few especially telling passages from the Christian Scriptures. We consider two philosophically informed interpretative strategies, one derived from the work of Frances Kamm, the other from Reformed scholasticism, against our interpretation of these passages. While we concede that in other passages such interpretations may allow a way (...) of escaping our argument, we conclude that in the case of the telling passages we have selected there is simply no comparably plausible alternative interpretation. (shrink)

In the introduction to Aquinas on Friendship, Daniel Schwartz admits that his treatment of Aquinas’s theory of friendship is not exhaustive. His central argument is that Aquinas reworks several elements of Aristotle’s view of friendship in accordance with his Christian commitment to the ideal of friendship with God and to the theological virtue of charity. Schwartz develops this argument through a detailed description of some of the elements of Aquinas’s theory, most notably the concept of concordia, along with responses (...) to the challenges posed by those elements, drawn from such luminaries as John Duns Scotus, Cicero, and St. Paul.According to Schwartz, Aquinas identifies three acts of friendship: concordia, benevolentia, and beneficentia. While he claims that these three acts represent the larger themes of the volume, its content and subject index suggest otherwise. Chapters two through four address the nature of concordia and the possible impediments to it, such as heresy, disparity of. (shrink)

This book represents the most comprehensive attempt to date to explore and test Derrida's contribution and influence on the study of theology, biblical studies, and the philosophy of religion. Over the course of the last decade, the writings of Derrida and the key concepts that emerge from his work such as the gift, apocalypse, hospitality, and messianism have wrought far-reaching and irresistible changes in the way that scholars approach biblical texts, comparative religious studies, and religious violence, for instance, as well (...) as the way they understand basic religious themes as myth, creation, forgiveness, one-ness, and multiplicity. In addition to original contributions from over twenty highly-regarded scholars including John Caputo, Daniel Boyarin, Edith Wyschogrod, Tim Beal, and Gil Anidjar, the volume opens with a lengthy interview with Derrida. (shrink)

H. L. A. Hart's new book of essays rejects any theory of the classic retributive type for justifying legal punishment. Hart denies that useless punishments can be justified even of fully guilty men; he rejects as the justifying aim of punishment the hope of crowning wickedness with the suffering it deserves; he denies that great guilt could justify a more severe punishment than utility-considerations would call for. We will be concerned here with only one of his arguments supporting (...) this rejection: the objection that mere human judges cannot measure wickedness accurately enough to see that each degree of wickedness gets the appropriate amount of suffering. And of course modern fashions of determinist thinking have brought home to us even more vividly the absurdity of trying to measure wickedness, since determinism makes us wonder if we know how much any offender could have helped doing what he did. (shrink)

It is extraordinary, when one thinks about it, how little attention has been paid by theorists of the nature and justification of punishment to the idea that punishment is essentially a matter of self-defense. H. L. A. Hart, for example, in his famous “Prolegomenon to the Principles of Punishment,” is clearly committed to the view that, at bottom, there are just three directions in which a plausible theory of punishment can go: we can try to justify punishment on purely (...) consequentialist grounds, which for Hart, I think, would be to try to construct a purely utilitarian justification of punishment; we can try to justify punishment on purely retributive grounds; or we can try to justify punishment on grounds that are some sort of shrewd combination of consequentialist and retributive considerations. Entirely absent from Hart's discussion is any consideration of the possibility that punishment might be neither a matter of maximizing the good, nor of exacting retribution for a wrongful act, nor of some imaginative combination of these things, but, rather, of something altogether different from either of them: namely, the exercise of a fundamental right of self-protection. Similarly, but much more recently, R. A. Duff, despite the fact that he himself introduces and defends an extremely interesting fourth possibility, begins his discussion by writing as though, apart from his contribution, there are available to us essentially just the options previously sketched by Hart. Again, there is no mention here, any more than in Hart's or any number of other recent discussions, of the possibility that we might be able to justify the institution of punishment on grounds that are indeed forward-looking, to use Hart's famous term, but that are not at all consequentialist in any ordinary sense of the word. (shrink)

H.L.A. Hart’s lost and found essay ‘Discretion’ has provided new insight into the issue of how legal systems can cope with indeterminacy in the law. The so-called ‘open texture’ of law calls for the exercise of judicial discretion, which, I argue, renders judges susceptible to the problem of dirty hands. To show this, I frame the problem as being open to an array of appropriate emotional responses, namely, various senses of guilt. With these responses in mind, I revise an (...) example from Michael Walzer’s original analysis in a way that highlights purely personal sacrifices in solutions to dirty hands situations. I then turn to an account of moral emotions in legal decision-making and show how judges—in failing to advance all interests—might be left with a unique sense of guilt. With an application of this account to Hart’s legal positivism, it can be seen that a judge’s hands are often dirtied in resolving borderline cases. If discretion leaves judges in situations where they must do wrong in order to do right, Hart’s endorsement of a closure view of wrongdoing will lead to difficulties in how he can explain the presence of moral remainders in jurisprudence. (shrink)

This volume offers a selection of the most interesting and important work from recent years in the philosophy of mathematics, which has always been closely linked to, and has exerted a significant influence upon, the main stream of analytical philosophy. The issues discussed are of interest throughout philosophy, and no mathematical expertise is required of the reader. Contributors include W.V. Quine, W.D. Hart, Michael Dummett, Charles Parsons, Paul Benacerraf, Penelope Maddy, W.W. Tait, Hilary Putnam, George Boolos, Daniel Isaacson, (...) Stewart Shapiro, and Hartry Field. (shrink)

What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how (...) linguistic data militates against both rivals to the generic meaning view, and argue that this has significant implications for jurisprudence. (shrink)

Once I’ve heard a joke about legal academia, and given that this was a very good joke, it was also very close to reality. This is how it went: ‘well, if you want to be successful in the Anglo-Ameri...

In the introduction to Aquinas on Friendship, Daniel Schwartz admits that his treatment of Aquinas’s theory of friendship is not exhaustive. His central argument is that Aquinas reworks several elements of Aristotle’s view of friendship in accordance with his Christian commitment to the ideal of friendship with God and to the theological virtue of charity . Schwartz develops this argument through a detailed description of some of the elements of Aquinas’s theory, most notably the concept of concordia, along with (...) responses to the challenges posed by those elements, drawn from such luminaries as John Duns Scotus, Cicero, and St. Paul.According to Schwartz, Aquinas identifies three acts of friendship: concordia, benevolentia, and beneficentia. While he claims that these three acts represent the larger themes of the volume, its content and subject index suggest otherwise. Chapters two through four address the nature of concordia and the possible impediments to it, such as heresy, disparity of. (shrink)

Law in between facts and norms -- Law in the postnational constellation -- Situating the debate between Habermas and Hart -- Establishing institutions -- The variety of legal systems -- Relations between legal systems -- The quest for normative foundations -- Conceiving general jurisprudence.

This paper deals with beauty as we encounter it in Christian works of art. Three main points are argued: i) Beauty, as it appears in the Christian work of art, is an invitation to delight and gratitude; ii) Beauty, as we encounter it in the Christian work of art, asks of us both the deepening of discernment and the cultivation of desire; iii) Beauty, as it is manifested in the Christian work of art, is not created by the artist but (...) is bestowed as a gift of God. Firstly, beauty must be recognised as giving delight. In defending this claim, the paper argues against theories which identify beauty with pleasure, and which devalue or dismiss beauty based on this false identification. Further, beauty does not only give, but also – as gift – makes a claim upon us. Gratitude is the appropriate response to beauty’s gift. Secondly, beauty as manifested in beautiful particulars embedded in the material and cultural world requires discernment. Moreover, we must embody a real receptiveness to beauty – by becoming beautiful ourselves – through the cultivation of desire. A full response to beauty entails the reorientation of our vision as well as our volition towards the infinite beauty of God. Thirdly, though beauty is manifestly present in made-made objects, it does so and is so as a gift of God. This understanding is supported by emphasising the Trinitarian nature of beauty. It is proposed that beauty is best identified not with the Son but with the Holy Spirit. (shrink)

In an effort to further explore ostensible macroscopic psychokinesis (macro-PK) effects like those previously reported by Batcheldor (1966), Bourgeois (1994), Owen and Sparrow (1976), and Ullman (2001) in a sitter group setting, the first author designed and conducted a series of fifteen experimental sessions in which sitters claiming exceptional abilities attempted to generate a pseudo-spirit named "Daniel," to whom physical phenomena were attributed. To explore possible physical correlates of macro-PK, two approaches to measurement were utilized. In the first, sample (...) data from a local random number generator (RNG) continuously running as part of the Global Consciousness Project were extracted and examined for statistical deviations from randomness occurring in conjunction with the sitter group sessions. In the second, the Multi-Energy Sensor Array (MESA) was used to collect onsite environmental data during one of the sessions. While displays of ostensible macro-PK were observed during several of the sitter group sessions, the RNG data did not show a significant overall correlation with the sessions. The MESA data indicated notable drops in infrared and visual light, as well as changes in DC magnetic field strength, that are comparable to those observed in field studies of haunts. Keywords: sitter groups--macroscopic psychokinesis (macro-PK)--random number generator (RNG)--Multi-Energy Sensor Array (MESA). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas on FriendshipJennifer Hart WeedDaniel Schwartz. Aquinas on Friendship. Oxford-New York: Oxford University Press, 2007. Pp. xviii + 189. Cloth, $55.00.In the introduction to Aquinas on Friendship, Daniel Schwartz admits that his treatment of Aquinas’s theory of friendship is not exhaustive. His central argument is that Aquinas reworks several elements of Aristotle’s view of friendship in accordance with his Christian commitment to the ideal of friendship (...) with God and to the theological virtue of charity (viii). Schwartz develops this argument through a detailed description of some of the elements of Aquinas’s theory, most notably the concept of concordia, along with responses to the challenges posed by those elements, drawn from such luminaries as John Duns Scotus, Cicero, and St. Paul.According to Schwartz, Aquinas identifies three acts of friendship: concordia, benevolentia, and beneficentia. While he claims that these three acts represent the larger themes of the volume, its content and subject index suggest otherwise. Chapters two through four address the nature of concordia and the possible impediments to it, such as heresy, disparity of circumstances, and pride. Missing, however, are similarly detailed treatments of benevolentia and beneficentia. Chapters five and six describe the importance of hope for friendship and the relationship between friendship and justice. More surprisingly, chapter seven considers the satisfaction account of justice (as in the doctrine of the Atonement) and how this might affect Aquinas’s understanding of the restoration of friendship.According to Schwartz, “Faith, hope, and charity, the three theological virtues, are conceived of by Aquinas as stages in a process reaching its fulfillment in friendship with God” (14). Despite this admission and its importance for Aquinas’s theory of friendship, the link between friendship and the theological virtues is not discussed at length. In fact, the theological virtue of faith is not given much attention at all, although Schwartz references sacramental satisfaction and Christ’s atonement. Given Schwartz’s central argument, one would expect him to focus more on the three theological virtues, rather than concordia, which emerges as the theme of the volume. Additionally, there is an abrupt shift from philosophical and political concerns to theology in subsequent chapters, which are structured around the concepts of hope, satisfaction, and charity.Schwartz also includes more than one puzzling theological claim. For example, in reference to the theological virtues, he writes, “Human beings, however, must make themselves worthy of these goods in the eyes of God. For Aquinas, the process leading to friendship with God begins with the pursuit of these spiritual goods” (14). Those familiar with Aquinas’s commitment to the doctrine of original sin and his repudiation of Pelagianism will wonder how such a characterization of Aquinas’s theology is possible. Again, Schwartz also claims, regarding the Atonement, that “merit and satisfaction is made by voluntary actions. Yet, individual participation in Christ’s Passion is not always voluntary—infant baptism being a case in point” (159). Perhaps it is theological quibbling to point out that Aquinas condemns the forced conversions of unbelievers, or that he believes infants whose parents willingly bring them forward for baptism are not baptized involuntarily (Summa theologiae III.68.9 ad. 1). But the book invites such quibbles.There is also no discussion of the difference between Aristotle and Aquinas on friendship, particularly on the possibility of friendship between humans and God. Certainly, Aquinas’s [End Page 136] willingness to accept this possibility is innovative. But Schwartz simply offers Aquinas’s account of how friendship between humans and God is possible and then defends Aquinas from various objections (45–46). A more detailed comparison between the thought of Aristotle and Aquinas is found on the topic of concordia.In summary, Schwartz’s aim is ambitious for a volume of less than two hundred pages, but there is much to enjoy in the book. There is an interesting discussion of Aquinas’s endorsement of Seneca rather than Aristotle on gratitude and ingratitude in his brief discussion of beneficentia (16–19), and Schwartz’s treatment of the tension among justice, friendship, and charity is also illuminating. Finally, Schwartz is to be commended for his extensive use of almost the entire corpus of... (shrink)

Sixteen years ago, Prahalad and Hart introduced the possibility of both profitably serving the poor and alleviating poverty. This first iteration of the Bottom/Base of the Pyramid approach focused on selling to the poor. In 2008, after ethical criticisms leveled at it, the field moved to BoP 2.0, instead emphasizing business co-venturing. Since 2015, we have witnessed some calls for a new iteration, with the focus broadening to a more sustainable development approach to poverty alleviation. In this paper, we (...) seek to answer the question: How has the BoP approach evolved over the past 16 years, and has it delivered on its early promise? We conducted a systematic review of 276 papers published in journals in this period, utilizing a rigorous correspondence analysis method to map key trends, and then further examined the 22 empirical studies conducted on the BoP approach. Our results suggest that the field has evolved, passing through a number of trends and coming full circle—with our analysis pointing to more recent BoP literature emphasizing similar themes to those espoused in the initial BoP iteration, rather than reflecting the principles espoused in either BoP 2.0 or BoP 3.0. Our analysis also points to a lack of clear evidence that the BoP concept has delivered on its promise either to businesses or to BoP participants. (shrink)

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two (...) great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

A pioneering work in the philosophy of mind, Content and Consciousness brings together the approaches of philosophers and scientists to the mind--a connection that must occur if genuine analysis of the mind is to be made. This unified approach permits the most forbiddingly mysterious mental phenomenon--consciousness--to be broken down into several distinct phenomena, and these are each given a foundation in the physical activity of the brain. This paperback edition contains a preface placing the book in the context of recent (...) work in the area. (shrink)

It has become commonplace to ask, whenever anything has gone wrong, what lessons can be learned from the experience. But the appearance of open‐endedness in that question is misleading: not every answer that we could give to it is acceptable. There are, in the context of such a question, tacit constraints in what counts as a valid lesson to be learned. The article considers what these constraints might be and the different kinds of lessons one might learn from experience, which (...) the common way of taking the question ignores. Initially I attempt to distinguish between lessons that have to do with action and those that have to do with understanding, between lessons that are about the results of our actions and those that are about the meaning of actions and events. On closer examination, however, these distinctions are seen to break down, to represent a difference of degree rather than of kind. In the latter part of the article, therefore, I find the crucial distinction to be between lessons that we can apply, while being ourselves unchanged, and lessons which, by changing the way in which we see and respond to people and events, re‐constitute ourselves and thus express themselves through us willy‐nilly in our subsequent thoughts, words and actions. (shrink)

In this book by the award-winning author of Just Healthcare, Norman Daniels develops a comprehensive theory of justice for health that answers three key questions: what is the special moral importance of health? When are health inequalities unjust? How can we meet health needs fairly when we cannot meet them all? Daniels' theory has implications for national and global health policy: can we meet health needs fairly in ageing societies? Or protect health in the workplace while respecting individual liberty? Or (...) meet professional obligations and obligations of justice without conflict? When is an effort to reduce health disparities, or to set priorities in realising a human right to health, fair? What do richer, healthier societies owe poorer, sicker societies? Just Health: Meeting Health Needs Fairly explores the many ways that social justice is good for the health of populations in developed and developing countries. (shrink)

In this book Daniel Wegner offers a novel understanding of the relation of consciousness, the will, and our intentional and voluntary actions. Wegner claims that our experience and common sense view according to which we can influence our behavior roughly the way we experience that we do it is an illusion.

Rechtsfilosofische studie over de Italiaanse denker (1668-1744).

The _Physics_ is a foundational work of western philosophy, and the crucial one for understanding Aristotle's views on matter, form, essence, causation, movement, space, and time. This richly annotated, scrupulously accurate, and consistent translation makes it available to a contemporary English reader as no other does—in part because it fits together seamlessly with other closely associated works in the New Hackett Aristotle series, such as the _Metaphysics_, _De Anima_, and forthcoming _De Caelo_ and _On Coming to Be and Passing Away_. (...) Eventually the series will include all of Aristotle's works. Sequentially numbered endnotes provide the information most needed at each juncture, while a detailed Index of Terms indicates places where focused discussion of key notions occurs. An illuminating general Introduction describes the book that lies ahead, explaining what sort of work it is and what sorts of evidence it relies on. (shrink)

How should medical services be distributed within society? Who should pay for them? Is it right that large amounts should be spent on sophisticated technology and expensive operations, or would the resources be better employed in, for instance, less costly preventive measures? These and others are the questions addreses in this book. Norman Daniels examines some of the dilemmas thrown up by conflicting demands for medical attention, and goes on to advance a theory of justice in the distribution of health (...) care. The central argument is that health care, both preventive and acute, has a crucial effect on equality of opportunity, and that a principle guaranteeing equality of opportunity must underly the distribution of health-care services. Access to care, preventive measures, treatment of the elderly, and the obligations of doctors and medical administrations are fully discussed, and the theory is shown to underwrite various practical policies in the area. (shrink)

In this long-awaited work, Ray L. Hart offers a speculative theology that profoundly challenges traditional understandings of God. Drawing on a lifetime of reading in philosophy and religious thought, Hart unfolds a vision of God perpetually in process: an unfinished God. Breaking out of the classical doctrine of divine persons, Hart reimagines Trinity as composed of theogony, cosmogony, and anthropogony an emerging Godhead in relation to origins, temporal creation, and human existence. The book s ultimate import is (...) that all of Being and Nonbeing emerges together in interrelation and interdependence. This divine reality, Hart explains, is unfinished, imperfect, still in the course of a living-dying process that implicates all things, existent and inexistent, temporal and eternal. Doctrinal closuresomething that every orthodox theology requiresthus becomes impossible, and rightly so. Hart confronts those orthodoxies by asking: How can thinking of God reach closure when the divine is itself unfinished and its appearance to us always amounts to new creation? Hart s insights open the potencies of the nothing to the actualization of freedomthe freedom to create. That is, the nothing is not for nothingit is procreative. In the domain of radical speculative theology, then, Hart offers a fully deconstructive revisioning of the Christian God as ever an emerging and self-transfiguring actuality. It is a work with which all serious students of theology will wish to contend.". (shrink)

Explores Blanchot's philosophical meditation on three poets, Mallarmé, Hölderlin, and René Char alongside his contribution to Jewish philosophy.

Reasoning about situations we take to be impossible is useful for a variety of theoretical purposes. Furthermore, using a device of impossible worlds when reasoning about the impossible is useful in the same sorts of ways that the device of possible worlds is useful when reasoning about the possible. This paper discusses some of the uses of impossible worlds and argues that commitment to them can and should be had without great metaphysical or logical cost. The paper then provides an (...) account of reasoning with impossible worlds, by treating such reasoning as reasoning employing counterpossible conditionals, and provides a semantics for the proposed treatment. (shrink)

Précis for a book symposium, with contributions from Meg Wallace, Louis deRosset, and Chris Tillman and Joshua Spencer.

Our ability to locate moral responsibility is often thought to be a necessary condition for conducting morally permissible medical practice, engaging in a just war, and other high-stakes endeavors. Yet, with increasing reliance upon artificially intelligent systems, we may be facing a wideningresponsibility gap, which, some argue, cannot be bridged by traditional concepts of responsibility. How then, if at all, can we make use of crucial emerging technologies? According to Colin Allen and Wendell Wallach, the advent of so-called ‘artificial moral (...) agents’ (AMAs) is inevitable. Still, this notion may seem to push back the problem, leaving those who have an interest in developing autonomous technology with a dilemma. We may need to scale-back our efforts at deploying AMAs (or at least maintain human oversight); otherwise, we must rapidly and drastically update our moral and legal norms in a way that ensures responsibility for potentially avoidable harms. This paper invokes contemporary accounts of responsibility in order to show how artificially intelligent systems might be held responsible. Although many theorists are concerned enough to develop artificial conceptions ofagencyor to exploit our present inability to regulate valuable innovations, the proposal here highlights the importance of—and outlines a plausible foundation for—a workable notion ofartificial moral responsibility. (shrink)

This two-part volume collects the complete fragments and most important testimonies for the leading presocratic philosophers. The Greek and Latin texts are translated on facing pages and accompanied by a brief commentary for each philosopher.

The "old chestnuts" of this engaging volume are, to quote its cover, "well-known passages in the works of ancient philosophers about which one might have thought everything there is to say has already been said"; its "sacred cows" are "views about what ancient philosophers thought, on issues of philosophical importance, that have attained the status of near-unquestioned orthodoxy." The degree of success in the targeting of such bovine targets among the thirteen papers is variable: thus Shaul Tor makes short work (...) of the ancient view, newly revived by Daniel Graham, that pre-Platonic natural philosophers operated with purely mechanical systems ; Amber Carpenter takes aim, via... (shrink)

In this paper I will present a puzzle about epistemic akrasia, and I will use that puzzle to motivate accepting some non-standard views about the nature of epistemological judgment. The puzzle is that while it seems obvious that epistemic akrasia must be irrational, the claim that epistemic akrasia is always irrational amounts to the claim that a certain sort of justified false belief—a justified false belief about what one ought to believe—is impossible. But justified false beliefs seem to be possible (...) in any domain, and it’s hard to see why beliefs about what one ought to believe should be an exception. I will argue that when we get clearer about what sort of psychological state epistemic akrasia is, we can resolve the puzzle in favor of the intuitive view that epistemic akrasia is always irrational. (shrink)