The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, I indicate a (...) general understanding of dutiful action that permits human rights to see to the tasks of an institutional morality. (shrink)

The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...) address the basic reasons generating criminal liability. This reframes the normative issues at stake, and has the result that various, perhaps quite heterogeneous, considerations can substantiate penal authority. It also eliminates the existence of a special relation as a necessary condition for legitimate criminal accountability. The argument proceeds by offering an analysis and account of universal jurisdiction. Not only does the alternative elegantly perform where the received view struggles, it can accommodate much of what motivates the pursuit of relational ties in existing efforts to vindicate jurisdictional conclusions. (shrink)

Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of responsible judicial reasoning.

How does morality allocate responsibility for what it requires? I am concerned here with one fundamental part of this question, namely, how morality determines responsibility when multiple agents are capable of contributing to or completing a moral task, and special relationships capable of generating duties with respect to the task are non-existent, insufficient as a moral response, or partly indeterminate. On one view, responsibility falls to the agents who can bear it with the least burden. I show why this is (...) initially attractive and mistaken. Instead, I defend an equity-based approach that accommodates the intuitions that both support and trouble the least-cost principle. One upshot is that sometimes we ought prefer a distribution of responsibility that is more expensive and less local than needed to complete the task. I illustrate the practical significance of the argument in terms of the human rights of refugees. (shrink)

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...) international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

Ronald Dworkin once identified the basic question of jurisprudence as: ‘What, in general, is a good reason for a decision by a court of law?’ I argue that, over the course of his career, Dworkin gave an essentially sound answer to this question. In fact, he gave a correct answer to a broader question: ‘What is a good reason for a legal decision, generally?’ For judges, officials of executive and administrative agencies, lawyers, non-governmental organizations, and ordinary subjects acting in the (...) variety of legal contexts, Dworkin identified the proper basis for a legal decision, and its implications for the form of well-conducted legal reasoning. Dworkin's stance on the above questions can be characterised by two theses. I defend his view by substantiating each. The result is agnostic about the viability of other aspects of Dworkin's legal theory, as it focuses on the grounds of proper legal decision-making. Whatever the fate of his other philosophical views, Dworkin's jurisprudence includes a clear-heade... (shrink)

How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...) (e.g., a person, institution, or law) has authority over an agent, then the directives of x produce a significant reason for the agent to comply with the terms of the directive. This paper concerns the sense in which international law, and the law of nascent legal systems generally, generate moral obligations for their subjects, i.e., for those who fall under their claimed jurisdiction. (shrink)

The paper addresses the question of what standard of conduct is supplied by human rights morality. Since the protection of dignity-interests operates on a continuum, we require a sense, if human rights are to be practically meaningful, of where on that continuum we can say that human rights have been sufficiently seen to by prevailing institutions. I argue that human rights require relevant institutions to secure a social context where it is not rationally permissible for subjects to despair. This is (...) a matter of providing security against risks to basic interests adequate to objectively warrant an agential stance. Aside from providing a principled threshold of protection, the proffered understanding supports a distinction between human rights and justice, helps illuminate the substance of certain human rights concerned with securing the conditions for rational judgment, and enables an account of the trumping or preemptive force of human rights. (shrink)

I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of adjudication. I offer (...) an adjudicative theory in the realm of non-ideal theory: I adopt a view of law that has achieved consensus in legal philosophy, make some plausible assumptions about human politics, and then consider directly the question of how judges should reason. Ultimately, I argue that judges should be cognizant of the goods that are at stake on particular occasions of adjudication and that this requires treating legal requirements transparently, i.e., as sensitive to their moral justifications. (shrink)

In a morally non-ideal legal system, how can law bind its subjects? How can the fact of a norm’s legality make it the case that practical reason is bound by that norm? Moreover, in such circumstances, what is the extent and character of law’s bindingness? I defend here an answer to these questions. I present a non-ideal theory of legality’s ability to produce binding reasons for action. It is not a descriptive account of law and its claims, it is a (...) normative theory of legal reasoning for particular social circumstances. The approach is, somewhat like Raz’s influential account, instrumental in character. Yet, it denies that the morally binding legal norms are, in whole or part, exclusionary reasons for the responsible subject. Law’s instrumentality must be given an alternative characterization. (shrink)

Imposing Risk: A Normative Framework. By John Oberdiek.

_Rhetoric_ is the sixth volume in The New Hackett Aristotle series, a series featuring translations, with Introductions and Notes, by C. D. C. Reeve, Delta Kappa Epsilon Distinguished Professor of Philosophy at The University of North Carolina at Chapel Hill. The series will eventually include all of Aristotle's works.

Aristotle on Practical Wisdom is the first full-scale commentary on Nicomachean Ethics VI to be issued in a century, and the most illuminating ever. A meticulous translation with facing-page analysis enables readers to engage directly with Aristotle's account, while the lucid introduction locates it in the context of his—and later—ethical thought.

The contemporary astrophysicist today deals with questions that bear on the area known to traditional philosophy as “metaphysics.” Consequently, it is tempting to cross the threshold. One can allow oneself to be tempted by the idea that science is in a position to provide solutions to ancient and venerable metaphysical quests. One can even imagine, according to the wish expressed two thousand years ago by Epicurus, that it can calm our “metaphysical anxieties.”.

This book shows you what it is like to think along with Aristotle and helps you to see the universe and our place in it as he thought they had to be seen to be scientifically intelligible. As a portrait is composed of colors and shapes that collectively represent someone, so Aristotles works are composed of arguments that collectively represent the causal structure of the universe, from the stones, plants, and animals around us to the starry heavens above and the (...) god beyond them. The aim of this brief immersion is to guide you through those arguments in a way that lets you understand for yourself why they proceed as they do and end where they do."--Publisher. (shrink)

Scatological shock-merchants, untrained social workers, conflict-zone tourists: from a certain standpoint the relationship between contemporary art and ethics involves a string of negative conjunctions. At their center stands the artist, whose personality and intentions often serve as an ethical measure of the work. This book operates on the basis of a different premise: that artworks themselves have ethical effects, and looking at these effects can tell us about wider processes of social change. As the first full-length study of its kind (...) to outline a positive vision of the ethics of contemporary art, this book distances itself from previous accounts that focus on transgression. The critique of transgressive art is not made on the basis that it is wrong, but that it no longer succeeds on its own terms in societies where language, prohibition and morality are more plastic than they once were. By drawing on the work of Félix Guattari and Jacques Lacan, the book develops a novel theoretical framework that emphasizes the effect of art on subjectivity. Along the way artworks by Kader Attia, Artur Zmijewski, Dora Garcia and others serve as springboards launching discussions of the varied pathways along which a renewed ethics of contemporary art might develop. (shrink)

This powerful critique of Marx's historical materialism - as a theory of power, as an account of history, and as a political theory -has been revised to take note of the profound intellectual and political changes that have occurred since the first edition was published. Reviews from the first edition 'Giddens draws upon a formidable knowledge of anthropology, archaeology, geography, and philosophy to demonstrate the limitations of Marxism and to formulate his own interpretation of the history of societies ... He (...) does a masterful job of setting his theory within a historical and critical framework of writings on Marx. His clarity of thought and his deft and often humorous handling of the unavoidable jargon of sociology and Marxist political theory makes this book a critical work of the highest quality.' Journal of International Law and Politics 'By contrast with many practictioners in the rather murky area of social theory, Giddens clearly seeks to make himself understood, and he has the useful quality of provoking one to argument. He has let light into some dark places.' The Times Higher Education Supplement 'Although Marx, Durkheim, and Weber continue to fill more index space than any other authors, Critique is Giddens's most explicit and committed statement of his own conceptualization of social theory ... It is his most original and therefore most vulnerable book, at once a cause for celebration and an invitation to critical reappraisal of the author's entire theoretical project.' Environment and Planning. (shrink)

"It is... remarkable that Reeve's is the first new English translation since Fowler's Loeb edition of 1926. Fortunately, Reeve has done an excellent job. His version is not slavishly literal but is in general very accurate. It is also very clear and readable. Reeve is particularly to be congratulated for having produced versions of some of the more torturous passages, which are not only faithful to the text but also make good sense in English. The long and detailed introduction is (...) worth reading in its own right." --R. F. Stalley, _The Classical Review_. (shrink)

In the morning -- After school -- Time for bed -- My smart choices -- Glossary -- Index -- About the author.

Friends are fun -- Let's play -- Choose good friends -- My smart choices -- Glossary -- Index -- About the author.

This chapter provides an overview of how existential phenomenology has influenced qualitative research methods across a range of disciplines across the social, health, educational, and psychological sciences. It focuses specifically on how the concepts of “existential structures,” or “existentials”—such as selfhood, temporality, spatiality, affectivity, and embodiment—have been used in qualitative research. After providing a brief introduction to what qualitative research is and why philosophers should be interested in it, the chapter provides clear, straightforward examples of how qualitative researchers have used (...) existentials to analyze qualitative data and design qualitative studies. The chapter is intended to introduce philosophers to existential approaches to phenomenological qualitative research, with the aim of facilitating interdisciplinary dialogue and collaboration. (shrink)

The demand for female labor is a central explanatory component of macrostructural theories of gender stratification. This study analyzes how the structural demand for female labor affects gender differences in labor force participation. The authors develop a measure of the gendered demand for labor by indexing the degree to which the occupational structure is skewed toward usually male or female occupations. Using census data from 1910 through 1990 and National Longitudinal Sample of Youth data from 261 contemporary U.S. labor markets, (...) the authors show that the gender difference in labor force participation covaries across time and space with this measure of the demand for female labor. (shrink)

From the late-fifteenth century onwards, scholars across Europe began to write books about how to read and evaluate histories. These pioneering works - which often take surprisingly modern-sounding positions - grew from complex early modern debates about law, religion, and classical scholarship. In this book, based on the Trevelyan Lectures of 2005, Anthony Grafton explains why so many of these works were written, why they attained so much insight - and why, in the centuries that followed, most scholars gradually (...) forgot that they had existed. Elegant and accessible, What Was History? is a deliberate evocation of E. H. Carr’s celebrated and icononclastic Trevelyan Lectures on What Is History?, and will appeal to a broad readership of students, scholars and historical enthusiasts. Anthony Grafton is one of the most celebrated historians writing in English today, and What Was History? is a powerful and imaginative exploration of some central themes in the history of European ideas. (shrink)

I examine the status of Aristotle’s science of soul and argue that it is trans-generic in the way that Aristotle's universal mathematics is. For just as the branches of the latter differ considerably, so too do the sciences of life: botany, zoology, psychology, and (in Aristotle’s view) astronomy and theology. Discovering the correct definition of soul, which is their starting point or first principle, as with other scientific starting points, involves both induction and dialectic. Induction uses scientific observation of living (...) things to move toward this starting point. Dialectic enables the scientist to assemble endoxa, or reputable beliefs, that allow us to solve each puzzle (aporia) that clouds our understanding (nous) of the starting point that induction enables us to reach. (shrink)

We explore the role of episodic imagining in explaining why people both differentially report that it seems to them in experience as though time robustly passes, and why they differentially report that they believe that time does in fact robustly pass. We empirically investigate two hypotheses, the differential vividness hypothesis, and the mental time travel hypothesis. According to each of these, the degree to which people vividly episodically imagine past/future states of affairs influences their tendency to report that it seems (...) to them as though time robustly passes and to judge that time does robustly pass. According to the former, a greater degree of vividness will tend to increase the extent to which people make such reports, while according to the latter, it will tend to decrease the extent to which people make such reports. We found weak evidence in favour of the former hypothesis. We reflect on the implications of this finding for theorising about such reports. (shrink)

Matthias Steup (Steup 2008) has recently argued that our doxastic attitudes are free by (i) drawing an analogy with compatibilism about freedom of action and (ii) denying that it is a necessary condition for believing at will that S's having an intention to believe that p can cause S to believe that p . In this paper, however, I argue that the strategies espoused in (i) and (ii) are incompatible.

This new translation of _On Coming to Be and Passing Away _and_ Meteorology 1 and 4_ fits seamlessly with the other volumes in the New Hackett Aristotle Series, enabling Anglophone readers to study these works in a way previously not possible. The Introduction describes the book that lies ahead, explaining what it is about, what it is trying to do, how it goes about doing it, and what sort of audience it presupposes. Sequentially numbered, cross-referenced endnotes provide the information most (...) needed at each juncture, while a detailed Index indicates the places where focused discussion of key notions occurs. (shrink)

Between the two men there is perhaps little to choose on the point of principle, since Berkeley implicitly justifies the subordination of truth to supposed ...

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.3 (2001) 453-454 [Access article in PDF] Gregory Fried. Heidegger's Polemos: From Being to Politics. New Haven: Yale University Press, 2000. Pp. xvi + 302. Cloth, $35.00. That an outstanding philosopher could align himself with a monstrous ideology has always been a scandalous puzzle: but since Farias's Heidegger and Nazism (1989), it is impossible to dismiss Heidegger's "political episode" as the reprehensible but (...) forgivable lapse of a backwoods academic without political sense. Learning that Heidegger not only was a dedicated Nazi, but engineered a postwar cover-up of his involvement, was for many Heideggereans like entering a beloved office and finding swastikas spraypainted over everything. Consternation has hardly died down in the years since. Philosophers have struggled either to repudiate Heidegger's thought entirely or argue that the parts of it he pledged to Nazism were inconsistent with the rest. It isn't that such people deny (or not out loud) what would seem to be an obvious fact: that a bad man can be a good philosopher. They fear that something in Heidegger's thinking somehow "entails" fascism. A dilemma gets set up: either Heidegger's philosophy is contaminated by his actions, or to engage in those actions, Heidegger must have ignored his philosophy.Fried's book on polemos in Heidegger navigates between these horns: on the one hand, Fried dismisses as "absurd" any simple claim that Heidegger's work entails fascism (5), but on the other hand, he attempts to trace, throughout Heidegger's "middle period" (roughly Being and Time to the end of World War II), a notion he believes is consistent with embracing Nazism, not to argue that Heidegger's political decisions were correct or unavoidable, but that they were predictable—though fatally hubristic—responses to the European situation as Heidegger saw it. More, Fried wants to endorse Heidegger's understanding of polemos as valuable for politics today, not because it is insulated against fascism but because fascism is still a possibility we need to confront, even while we attempt to preserve Enlightenment ideals and liberal-democratic institutions in a "nihilistic" world.Heidegger bases his views about polemos ("struggle," "confrontation") on Heraclitus Fragment 53, where it is called "father and king of all." As he explores Heidegger's [End Page 453] treatment, Fried stresses that "what is of interest is not whether Heidegger's interpretations are philologically correct, but rather how these readings shed light on his own way of making sense of history and of politics" (29). And "confrontation" is the closest thing to a consistent political doctrine in Heidegger. He understands it as a respectful opposition that allows each "side" to appear in all its validity and therefore potential risk to the other "side." Confrontation is a principle of interpretation, dialogue between individuals, and interaction between nations (see 79-80). Fried insists that this idea is a crucial part of a number of central Heideggerean concepts, as well as how Heidegger viewed his own task, and Germany's, when National Socialism appeared with its promise of a new spiritual mission for the German Volk. That Heidegger's "romantic" hopes in Nazism were unfounded does not diminish the usefulness of his work on polemos, Fried thinks, because "postmodernist" thinkers, molded by Heidegger, have nothing better to offer as they "confront" the dying or dead "modern" world with dreams of a new society. Some respect for "liberal" values will still be necessary if postmodernist "deconstruction" of oppressive structures is not to leave inroads for new, opportunistic forms of fascism.Fried's is an important study, by a sympathetic but undazzled scholar of Heidegger, of a concept that may be as basic and fruitful as he claims: but his insistence on making everything in "middle Heidegger" depend on it causes him in many places to conflate separate projects and periods in Heidegger's work that were better left distinct. He is particularly unconvincing when he suggests (e.g., 59, 100, 116) that for Heidegger, human beings can "lose their Dasein" and become "unbeings" to whom "Being is... (shrink)

Anthony Barron explores the relationship between the philosophy of Schopenhauer and the forms and themes of Beckett's critical and creative writings. He shows that Beckett's aesthetic preoccupations are consonant with some of Schopenhauer's seminal arguments regarding the arational basis of artistic composition and appreciation and the impotence of reason in human affairs. While Beckett's critical writings are, in places, formidably opaque, this work examines the ways in which such texts can be elucidated when their intertextual affinities with Schopenhauer's arguments (...) are revealed. Using Schopenhauer's thought as a presiding interpretative framework, Barron demonstrates how the widespread presence of philosophical and theological ideas in Beckett's creative texts signifies less about his personal convictions than it does about his authorial aims. He thereby highlights the ways in which discursive ideas were appropriated and manipulated by Beckett for purely literary ends -- Back cover. (shrink)

A theory of human origins that is one-half Charles Darwin and one-half Cain and Abel is bound to entail a lot of rethinking of traditional themes. Rene Girard's thesis of original human violence and the Bible's power to reveal it has been around for more than a generation, but its consequences for Christian theology are still only slowly being unpacked. Anthony Bartlett's book makes a signal contribution, representing an astonishing leap forward in understanding what a biblical disclosure of founding (...) violence means for Christian thought and life. If human language arose directly out of the primal experience of murder, then semiotics becomes a core area for theological examination. Tracing the discipline of semiotics through postmodern thinkers, then back through its birth in the Latin era, Bartlett shows how Girard's thought is itself a semiotic emergence, beyond standard Christian metaphysics. Above all, Girardian theory of human signs demands we see the generative impact of violence in our language and thought, and then, conversely, that the Word of God, crucified without retaliation and risen in the same identity, brings a totally new sign and relation into history, offering a thoroughgoing transformation of human life and meaning. (shrink)

This collection of germinal work in the field by Anthony Weston presents his pragmatic environmental philosophy, calling for reconstruction and imagination rather than deconstruction and analysis. It is a philosopher's invitation to environmental ethics in an unexpectedly inviting and down-to-earth key. On the pragmatic view advanced here, environmental values are thoroughly natural—what else could they be?—and are open-ended and in flux. Rather than passing judgment on the world as it is, we are called to rediscover and remake the world (...) as it might be. We require an environmental etiquette more than a formal ethic; an etiquette whose development must be an ongoing process; and a process in turn that is genuinely multicentric, challenging us to negotiate our place among the exuberant variety of living and other forms. (shrink)

This research work examines Heidegger's (1889-1976) contention that phenomenology can inspire, illuminate, motivate, reinforce and guide (human) individual's actions. It achieves this by adapting Heidegger's phenomenological approach to analyze and interpret representative everyday factical experiences of nepotism, selfishness and mass mentality in the (Nigerian) society. Doing this helps to ascertain whether these experiences have any phenomenological link with inauthenticity. Also, it provides a close reading and interpretation of Heidegger's treatment of authentic existence, and explores the possibility of complimenting it with (...) the phenomenology of Commensality, as a mode of care and a way to authenticity. In this manner, it strategically explores possible ways of inspiring individual Daseins to authenticity, and with it engendering a positive transformation of the (Nigerian) society. Presenting and elaborating the phenomenology of Commensality, the work highlights the relationship and the differences between the phenomenology of Commensality and the ontical or sociological understanding of commensality as obtained in African traditional societies. Phenomenology of Commensality argues for the 'renaissance' of Commensality, concretely expressed as Onyenkeanyi, and not just for its 'revival'. The research work further develops the phenomenology of education for Commensality, discussing the possible content and focus of its curriculum, while differentiating it from ethics. The proper implementation of phenomenology of education for Commensality could inspire and illuminate individual Daseins to authenticity, and thereby becomes an improvement strategy for the positive transformation of the (Nigerian) society. As a phenomenology, it is appropriate that the people and places analyzed take on a definite character, which is why the Nigerian society is used. However, it is expected that the implications of the findings presented here will be general and accurate enough to allow application to any number of similar situations. (shrink)

The Politics of Well-Being argues that the relationship between well-being and ethical life has been overlooked. The more specific argument of the book is that ethical life requires political engagement, and the emergence of a society committed to critical thinking. It is argued that these conditions allow for our ordination and confirmation as ethical subjects. While well-being can be experienced in different ways, it is claimed that, after experience of ethical life, a more sustainable form of it is revealed to (...) us, a form which we would be drawn to preserve, a form which can be constituted as an object of hope. While the book draws on philosophical themes, its main focus is political. This is because its primary objective is to identify and to examine what needs to be done in order to realise ethical life. Its main focus in this respect is the identification and examination of the barriers which need to be overcome if ethical life is to be realised. It is acknowledged that this will not be an easy task. Indeed, it may be an impossible task. However, despite these barriers, and despite the dark days we are living through, the book is a call to hope rather than a surrender to despair. This book will be of interest to students of politics, psychology, cultural studies, philosophy and sociology, as well as anyone else interested in exploring new ideas about how the make the world a better place. (shrink)

An explanation of the nature of space-time, and how it is incompatible with temporal flow and any dynamical change, including simple motion.

Drawing on and developing the phenomenological work of figures such as Edmund Husserl and Max Scheler, Knowing by Heart details the various feelings and feeling states that pertain to matters of the heart.

In Memoriam for Professor Michael Scriven.

Children are routinely treated paternalistically. There are good reasons for this. Children are quite vulnerable. They are ill-equipped to meet their most basic needs, due, in part, to deficiencies in practical and theoretical reasoning and in executing their wishes. Children’s motivations and perceptions are often not congruent with their best interests. Consequently, raising children involves facilitating their best interests synchronically and diachronically. In practice, this requires caregivers to (in some sense) manage a child’s daily life. If apposite, this management will (...) focus partly on a child’s well-being. To be ably executed, an account of children’s well-being will need to be articulated. This chapter focuses on the nature of children’s well-being. It has five sections. The first section clarifies the focus. The second section examines some hurdles to articulating a view of children’s well-being. The third section evaluates some accounts of children’s well-being. The fourth section addresses the view that children possess features essential to them that make their lives on balance prudentially bad for them. The fifth section sums things up. (shrink)