The doctrine of precedent, as it has evolved within the common law, has at its heart a form of reasoning—broadly speaking, alogic—according to which the decisions of earlier courts in particular cases somehow generalize to constrain the decisions of later courts facing different cases, while still allowing these later courts a degree of freedom in responding to fresh circumstances. Although the techniques for arguing on the basis of precedent are taught early on in law schools, mastered with relative ease, and (...) applied on a daily basis by legal practitioners, it has proved to be considerably more difficult to arrive at a theoretical understanding of the doctrine itself—a clear articulation of the underlying logic. (shrink)

John F. Henry is an eminent economist who has made important contributions to heterodox economics drawing on Adam Smith, Karl Marx, Thorstein Veblen, and John Maynard Keynes. His historical approach offers radical insights into the evolution of ideas (ideologies and theories) giving rise to and/or induced by the changes in capitalist society. Essays collected in this festschrift not only evaluate John Henry's contributions in connection to Marx's and Veblen's theories, but also apply them to the socio-economic issues (...) in the 21st century. In Part I leading heterodox economists in the traditions of Marxism, Post Keynesianism, and Institutionalism critically examine Marx's and Veblen's theoretical frameworks (and their connections to each other) that have become the foundations of heterodox economics. Chapters in Part II showcase alternative theoretical explanations inspired by Marx, Veblen, and Henry. Topics in this Part include financial crisis, financialization, capital accumulation, economics teaching, and the historical relationship between money and class society. Part III is devoted to John Henry's heterodox economics encapsulated in his "farewell" lecture, interview, and bibliography. Essays in this book, individually and collectively, make an important point that the history of economic thought (or historical analysis of economic theory and policy) is an integral part of developing heterodox economics as an alternative theoretical framework. Anyone who is troubled by the recurring failure of capitalism as well as mainstream economics will find this book well worth reading. (shrink)

Canada has followed the pattern of Benelux nations by legislating sufferingSuffering as the pivotal eligibilityEligibilitycriterionCriterion for euthanasiaEuthanasia/assisted death without requiring terminal prognosis as is needed in most permissive jurisdictions. This chapter will explore the relationship between sufferingSuffering and Medical Assistance in Dying (MAID) and the ways in which sufferingSuffering is understood in the Supreme Court of Canada, the federal Criminal Code legislation and by health care assessors. Based on this analysis, we will argue that the resulting sufferingSufferingeligibilityEligibilitycriterionCriterion leaves the law (...) open to unintended forms of interpretation, thus instituting perhaps the most unbounded and risk-prone form of assisted death in the world. A review of the literature on sufferingSuffering, the wish to dieWish to die, and reasons for MAIDReasons for MAID requests found sufferingSuffering of severe illness to be frequently associated with unstable mental health, social, and existentialExistential variables that are often amenable to therapy or remediation. While sufferingSuffering remains a powerful motivating force to seek opportunities to relieve distress, its use as an eligibilityEligibilitycriterionCriterion for MAID has significant ambiguity in its’ characterization of ‘enduring’ and ‘irremediable’ and thus fails to protect against abuse for the vulnerable. (shrink)

Machine generated contents note: Chapter One: Wrong Question, Right Answer -- Exercise 1: Getting right into it -- Exercise 2: Watching your hand -- Exercise 3: Marking practice -- Chapter Two: Realistic Drawing -- Exercise 4: Picking an object to draw -- Exercise 5: Attentive looking -- Exercise 6: Noticing awareness -- Exercise 7: Marking from the sense of sight -- Exercise 8: Simple rendering -- Exercise 9: Try perspective -- Exercise 10: Working inward -- Chapter Three: Systematic Drawing -- (...) Exercise 11: The circular arrow - a visual mantra -- Exercise 12: Improvising between two points and finding the world in between -- Exercise 13: Thought as art -- Exercise 14: All four pixel images -- Exercise 15: Book of compositions -- Chapter Four: Improvisational Drawing -- Exercise 16: Going outside the box -- Exercise 17: Not-breath awareness -- Exercise 18: Growing improvisation -- Exercise 19: Chasing the Coltrane Effect -- Exercise 20: Drawing to reveal inner conditions -- Exercise 21: Noticing Intuition -- Exercise 22: You are the universe drawing -- Chapter Five: Reading the Drawings -- Exercise 23: An exact physical description -- Exercise 24: Feeling the meaning -- Exercise 25: The story we tell ourselves -- Exercise 26: Connecting our story to a larger story -- Chapter Six: The Search for the Source of Creativity -- Exercise 27: Priming the source -- Exercise 28: Sitting still at the origin -- Exercise 29: Embedded sources -- Exercise 30: Mindful of the path -- Chapter Seven: Meta-Drawing -- Exercise 31: Sharing with yourself -- Exercise 32: Sharing with a trusted friend -- Exercise 33: Sharing with the world. (shrink)

The nature of quantum mechanical probability has often seemed mysterious. To shed some light on this topic, the present paper analyzes the logical form of probability assignment in quantum mechanics. To begin the paper, I set out and criticize several attempts to analyze the form. I go on to propose a new form which utilizes a novel, probabilistic conditional and argue that this proposal is, overall, the best rendering of the quantum mechanical probability assignments. Finally, quantum mechanics aside, the discussion (...) here has consequences for counterfactual logic, conditional probability, and epistemic probability. (shrink)

The chapter explores the sufferingSufferingassociated with MAIDMedical Assistance in Dying (MAID) giving special attention to assessmentAssessment and the psychological responses elicited in caregivers highlighting the need for all MAIDMedical Assistance in Dying (MAID) enquiries to activate a period of intense assessmentAssessment and the provision of detailed treatment alternatives. This chapter calls for a renewed commitment to compassionCompassion (‘sufferingSuffering together with’) as the communal dynamic to relieve and assuage such sufferingSuffering. Using the four domains of ‘total pain’ (Saunders in The management (...) of terminal malignant disease. Edward Arnold, London, UK, 1978), we summarize the evidence for the multiple opportunities available to ‘relieve often and comfort always.’ Finally, we review evidence on the impactImpactof MAIDMedical Assistance in Dying (MAID) suggesting that the overall burden of sufferingSuffering in Canada has increased since legalization. (shrink)

The third collection of Msgr. Wippel's essays on the metaphysical thought of Thomas Aquinas, covering topics such as the discovery of metaphysics by a special form of judgment, the relationship between faith and reason in the preambles of faith, the distinction between essence and "esse," and participation.

Brings the thought and theology of Teilhard de Chardin into conversation with other significant religious thinkers, philosophers, and scientists.

A fascinating book demonstrating the influence of alchemy and esoteric traditions on the mature art of Marcel Duchamp.

Machine generated contents note: ch. 1 The Cry of Rachel -- Maritain's 1942 Marquette Aquinas Lecture -- Maritain's The Person and the Common Good -- Camus's The Plague -- ch. 2 Joy -- Being as the Good and the Eruption of Willing -- Being and Philosophical Psychology -- An Ordinary Knowledge of God and Metaphysics -- Metaphysics as Implicit Knowledge -- Being and the Intellectual Emotions -- ch. 3 Quandoque Evils -- Aquinas's Rationale for the Corruptible Order -- The Corruptible (...) Order and Quandoque Evils -- Bracketing Quandoque Evils between Goods -- A Caveat in Understanding the Subject of the Consequent Good -- The Effect of Human Providence upon the Frequency of Quandoque Evils -- ch. 4 Natural Corruptions -- Death as a Natural Corruption -- Natural Corruption as Nondefinitive -- Ambiguity of "Praeter Intentionem" and "Per Accidens" -- God and the Evil of Punishment (Poena) -- Other Interpretations -- Abraham and Isaac -- Conclusion -- ch. 5 Preliminaries to Aquinas and the Contemporary Discussion -- C.G. III, 71: "If Evil Exists, God Exists" -- William Rowe on Cosmological Reasoning -- De Ver. X, 12, ad 10m: "If not God from Justice, then God from Some Other Effect" -- Summary of Aquinas on the Existence of Evil -- A Strategy -- ch. 6 The Thomist and the Contemporary Discussion: Personalist Theodicies -- Marilyn McCord Adams and "Horrendous Evils" -- William Hasker: Personal Satisfaction and World Approval -- John Hick: Creation as a Gymnasium for the Development of Our Virtues -- David Ray Griffin and the Denial of Genuine Evils -- The Brothers Karamazov -- Thomistic "Natural Desires" of the Human Person -- ch. 7 The Thomist and the Contemporary Discussion: Cosmological Theodicies -- Diogenes Allen and Suffering as an Experience of God -- David Hume and Dialogues concerning Natural Religion, X and XI -- William Rowe and "Pointless Evils" -- J. L. Mackie and Further Objections to a Cosmological Theodicy -- Mackie's Fourth Criticism and Aquinas on the Causality of Human Choices -- Aquinas and Plantinga -- The Avoidance of Determinism -- The Avoidance of Divine Culpability -- A Thomistic Free Will Defense? -- Richard Swinburne: Nature as a Necessary Display Case for Our Knowledge of Good and Evil -- Bruce Reichenbach: Developing Plantinga and Swinburne -- ch. 8 Conclusion and Comparison to Brian Davies and Eleonore Stump -- Brian Davies's Apophatic Treatment of the Evil Problem -- Eleonore Stump and the Love of God -- The Consolation of Rachel. (shrink)

This anthology contains twelve papers on various aspects of Platonism, ranging from Plato's Republic to the Neoplatonism of Plotinus, Iamblichus, Proclus and Hermias, to the use of Platonic philosophy by Cudworth and Schleiermacher. The papers cover topics in ethics, psychology, religion, poetics, art, epistemology, and metaphysics.

With precision and profundity born of 30 years of devoted study, John Boyle offers an essential introduction to St. Thomas Aquinas on Scripture, shedding helpful light on the goals, methods, and commitments that animate the Angelic Doctor's engagement with the sacred page. Because the genius of St. Thomas's approach to the Bible lies not so much in its novelty but rather in the fidelity and clarity with which he recapitulates the riches of the preceding interpretive Tradition, this initiation into (...) St. Thomas's vision of Scripture is itself an orientation to the Church's vision of Scripture, from the Fathers through and beyond the Middle Ages. St. Thomas's embeddedness within the Church's Tradition and his own historical context is integral to his approach to Scripture, yet it sets him at some distance from modern readers, for whom his interpretive vision may seem perplexing or even impenetrable. In this Primer, Boyle first provides an acclimation to this medieval context through a survey and explanation of pertinent technical terminology used by St. Thomas and characteristic of the scholastic theology of the time. With an eye to the medieval practice of considering Scripture according to the fourfold division of causes, Boyle builds on this initial foundation by exploring in turn St. Thomas's accounts of the end or use of Scripture (final cause), its divine and human authorship (efficient cause), its order and division (material cause), and its literary styles or genres (formal cause). Drawing on writings from across St. Thomas's corpus, but especially his work On the Commendation and Division of Sacred Scripture and the prologues to his biblical commentaries, Boyle masterfully elucidates both the hermeneutical principles and deep wisdom of the Angelic Doctor's approach to Scripture, imparting invaluable guidance not only for reading and understanding St. Thomas and other great masters of the Tradition, but also-and ultimately-for understanding Scripture in light of this Tradition and reading it with greater benefit and joy. (shrink)

John F. Post argues that physicalistic materialism is compatible with a number of views often deemed incompatible with it, such as the objectivity of values, the irreducibility of subjective experience, the power of the metaphor, the normativity of meaning, and even theism.

An examination and comparison of American and Israeli management students attitudes towards business ethics is made. The data were collected using both English and Hebrew versions of a thirty item attitudes towards business ethics questionnaire. Since the two groups differed on geographic, cultural, economic, and religious dimensions, it was not surprising to find that these prospective managers also differed on a number of their attitudes towards business ethics. However, a large number of similarities were also noted. Moreover, contrary to a (...) number of extant research studies, both groups held relatively high moral standards. The implications of these findings are discussed. (shrink)

This article extends earlier research concerning the relationship between corporate social performance and corporate financial performance, with particular emphasis on methodological inconsistencies. Research in this area is extended in three critical areas. First, it focuses on a particular industry, the chemical industry. Second, it uses multiple sources of data-two that are perceptual based (KLD Index and Fortune reputation survey), and two that are performance based (TRI database and corporate philanthropy) in order to triangulate toward assessing corporate social performance. Third, it (...) uses the five most commonly applied accounting measures in the corporate social performance and corporate financial performance (CSP/CFP) literature to assess corporate financial performance. The results indicate that the a priori use of measures may actually predetermine the CSP/CFP relationship outcome. Surprisingly, Fortune and KLD indices very closely track one another, whereas TRI and corporate philanthropy differentiate between high and low social performers and do not correlate to the firm's financial performance. (shrink)

In this volume, John Horty brings to bear his work in logic to present a framework that allows for answers to key questions about reasons and reasoning, namely: What are reasons, and how do they support actions or conclusions?

Management Ethics: Integrity at Work redefines what it means for a manager to function with integrity in the private and public sectorsùdomestically and globally. It integrates the latest theoretical work in both descriptive and normative ethics, and incorporates legal, communication, quality, and organizational theories into a conceptual framework that improves managerial judgment in the handling of moral complexity at work. The authors use their organizational ethics consulting and academic research experience to provide practical assessment and decision-making tools that convert ethics (...) theories into sound action steps. The book examines three key dimensions of management integrityùjudgment, process, and developmental dimensionsùand applies them to individual chapters devoted to the subprocesses of ethical planning, organizing, leading, and controlling. The authors focus their theories and tools on 28 ethics minicases related to each management function in seven allied management application clusters: accounting, auditing management; finance, investment management; marketing, advertising management; business management, business law, human resource management; technology, quality operations, organizational behavior management; public, nonprofit, health care management; and international, environmental, public policy management. Management Ethics: Integrity at Work builds management integrity by linking and enhancing both ethics and management competence in responsible planning, organizing, leading, and controlling for use by professionals and students in the private and public sectorsùdomestically and globally. (shrink)

Originally published in 1830, this book can be called the first modern work in the philosophy of science, covering an extraordinary range of philosophical, methodological, and scientific subjects. "Herschel's book . . . brilliantly analyzes both the history and nature of science."—Keith Stewart Thomson, American Scientist.

John F. Kavanaugh and W. Norris Clarke, two twentieth-century Jesuits, contributed to philosophy through their development of a Thomistic and personalist view of reality emphasizing the human endowments of knowing, freely choosing, and loving. While spiritual exercises played a role in the formation of both Jesuits, the function of spiritual exercises in their own philosophy has not been explored. Recent interest in philosophy as a way of life provides a means by which this can be accomplished. In their (...) work Michel Foucault and Pierre Hadot have shown how spiritual exercises function in the formation of the self and in the acquisition of a synoptic vision that allows contemplation of one’s participation in the whole. This paper shows that while Kavanaugh primarily uses spiritual exercises in his philosophy to accomplish a disciplinary/formational aim Clarke’s aim is dialogical/exploratory. A brief examination of the Spiritual Exercises of Ignatius of Loyola reveals how these different aims in fact complement one another. (shrink)

Written by a highly respected scholar of Thomas Aquinas's writings, this volume offers a comprehensive presentation of Aquinas's metaphysical thought. It is based on a thorough examination of his texts organized according to the philosophical order as he himself describes it rather than according to the theological order. -/- In the introduction and opening chapter, John F. Wippel examines Aquinas's view on the nature of metaphysics as a philosophical science and the relationship of its subject to divine being. Part (...) One is devoted to his metaphysical analysis of finite being. It considers his views on the problem of the One and the Many in the order of being, and includes his debt to Parmenides in formulating this problem and his application of analogy to finite being. Subsequent chapters are devoted to participation in being, the composition of essence and esse in finite beings, and his appeal to a kind of relative nonbeing in resolving the problem of the One and the Many. Part Two concentrates on Aquinas's views on the essential structure of finite being, and treats substance-accident composition and related issues, including, among others, the relationship between the soul and its powers and unicity of substantial form. It then considers his understanding of matter-form composition of corporeal beings and their individuation. Part Three explores Aquinas's philosophical discussion of divine being, his denial that God's existence is self-evident, and his presentation of arguments for the existence of God, first in earlier writings and then in the "Five Ways" of his Summa theologiae. A separate chapter is devoted to his views on quidditative and analogical knowledge of God. The concluding chapter revisits certain issues concerning finite being under the assumption that God's existence has now been established. -/- John F. Wippel, professor of philosophy at The Catholic University of America, was recently awarded the prestigious Aquinas Medal by the American Catholic Philosophical Association. In addition to numerous articles and papers, Wippel has coauthored or edited several other works, including Metaphysical Themes in Thomas Aquinas and The Metaphysical Thought of Godfrey of Fontaines, both published by CUA Press. (shrink)

This paper develops a pragmatist approach to ethical business decision-making. It draws primarily on the work of John Dewey and applies his deliberative approach to ethics to the challenges of business practitioners. In particular the paper proposes the value of Dewey’s concept of dramatic rehearsal in emphasizing the task of “constructing the good” in ethical decision-making. The contribution of the paper is, first, to build on recent foundational work to bring American pragmatism into the mainstream business ethics literature; second, (...) to offer a perspective that is accessible to practitioners and integrates ethics into their daily tasks; and third, to identify a number of related research imperatives – in particular the importance of focusing efforts on gaining a deeper understanding of the deliberative process itself. (shrink)