The tendency for judges to respond positively to negligence claims advanced by those who have rendered assistance to accident victims has recently come into collision with the judicial impulse to limit the range of circumstances in which recovery can be made for psychiatric injury. The upshot of this collision is identified as a reduction in the range of circumstances in which those rendering assistance to accident victims can recover for psychiatric harm. This development is criticized on the ground that it (...) has compromised pursuit of what is identified as one of the law's subsidiary purposes: namely, the promotion (in a narrow range of circumstances) of strongly altruistic activity. The ground for making this criticism is found in a body of doctrine that supports the claim that the law is informed by a commitment to the altruism principle. This principle is contrasted with the narrower rescue principle and is identified as supporting not only the claims of rescuers but also those of persons who render assistance in the aftermath of particularly harrowing accidents. While the House of Lords» decision is identified as exhibiting insensitivity to the altruism principle, it is none the less concluded that the position staked out by their Lordships is defensible. Support for this conclusion is found in the ideal of distributive justice, which provided one of the grounds for the House's decision in White. Further, the relationship between the ideal of corrective justice and the ideal of distributive justice is identified as a source of significant tension in the law of negligence. (shrink)

Much mainstream legal comment on human rights law presents an unhelpfully crude picture of disagreement concerning the significance that should be attached to human rights in particular cultural co...

This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the 'legal imagination'. Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout (...) the legal system. The collection probes 'the transatlantic constitution' and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. (shrink)

Herbert Hart and the positivists influenced by him have, according to Nigel Simmonds, deflected attention from the question that has always been at the heart of philosophical reflection on law. This question concerns the relationship between law and morality and how we should understand it. Simmonds argues that law and morality are necessarily related and seeks to explain their relationship by reference to an archetype that actually existing legal institutions approximate more or less adequately. He identifies this archetype as providing (...) the basis for an analysis of law that is free from metaphysics and universally applicable. This review article raises doubts concerning Simmonds’ claims to offer a metaphysics-free and universal analysis. It also offers an argument in support of the conclusion that he has failed to point up the complexity of the positivist tradition he criticizes. While Simmonds is vulnerable to these criticisms, he throws light on an egalitarian philosophy of government that informs legal institutions in the West and is relevant to positivist analyses of law. (shrink)

The Exchange of Words is a philosophical exploration of human testimony, specifically as a form of intersubjective understanding in which speakers communicate by making themselves accountable for the truth of what they say. This account weaves together themes from philosophy of language, moral psychology, action theory, and epistemology, for a new approach to this basic human phenomenon.

The paper argues for the centrality of believing the speaker (as distinct from believing the statement) in the epistemology of testimony, and develops a line of thought from Angus Ross which claims that in telling someone something, the kind of reason for belief that a speaker presents is of an essentially different kind from ordinary evidence. Investigating the nature of the audience's dependence on the speaker's free assurance leads to a discussion of Grice's formulation of non-natural meaning in an epistemological (...) light, concentrating on just how the recognition of the speaker's self-reflexive intention is supposed to count for his audience as a reason to believe P. This is understood as the speaker's explicitly assuming responsibility for the truth of his statement, and thereby constituting his utterance as a reason to believe. (shrink)

In this volume Rorty offers a Deweyan account of objectivity as intersubjectivity, one that drops claims about universal validity and instead focuses on utility for the purposes of a community. The sense in which the natural sciences are exemplary for inquiry is explicated in terms of the moral virtues of scientific communities rather than in terms of a special scientific method. The volume concludes with reflections on the relation of social democratic politics to philosophy.

Richard Swinburne offers an original treatment of a question at the heart of epistemology: what makes a belief rational, or justified in holding? He maps the rival accounts of philosophers on epistemic justification ("internalist" and "externalist"), arguing that they are really accounts of different concepts. He distinguishes between synchronic justification (justification at a time) and diachronic justification (synchronic justification resulting from adequate investigation)--both internalist and externalist. He also argues that most kinds of justification are worth having because they are (...) indicative of truth; however, it is only justification of internalist kinds that can guide a believer's actions. Swinburne goes on to show the usefulness of the probability calculus in elucidating how empirical evidence makes beliefs probably true. (shrink)

This paper explores some aspects of the relation between different ways of achieving a consensus on the judgemental values of a group of indviduals; in particular, aggregation and deliberation. We argue firstly that the framing of an aggregation problem itself generates information that individuals are rationally obliged to take into account. And secondly that outputs of the deliberative process that this initiates is in tension with constraints on consensual values typically imposed by aggregation theory, at least when deliberation is modelled (...) as process of learning from others compatible with Bayesian updating principles. (shrink)

Atheism is a familiar kind of skepticism about religion. Moral error theory is an analogous kind of skepticism about morality, though less well known outside academic circles. Both kinds of skeptic face a "what next?" question: If we have decided that the subject matter (religion/morality) is mistaken, then what should we do with this way of talking and thinking? The natural assumption is that we should abolish the mistaken topic, just as we previously eliminated talk of, say, bodily humors and (...) unicorns. The fictionalist, however, offers a less obvious recommendation. According to the fictionalist, engaging in the topic in question provides pragmatic benefits that do not depend on its truth-in a way roughly analogous to engaging with a novel or a movie. The religious fictionalist maintains that even if we were atheists, we should carry on talking, thinking, and acting as if religion were true. The moral fictionalist maintains a similar view regarding moral talk, thought, and action. Both forms of fictionalism face serious challenges. Some challenges can be levelled at either form of fictionalism (or at any form of fictionalism), whereas others are problems unique to moral fictionalism or to religious fictionalism. There are important questions to be asked about the relationship between these two kinds of fictionalism. Could moral fictionalism be plausible even if religious fictionalism is not (or vice versa)? This is a volume of thirteen previously unpublished papers on the topics of religious fictionalism, moral fictionalism, and the relation between these views. (shrink)

This book brings together twenty articles giving a comprehensive view of the work of the Aristotelian commentators.... The importance of the commentators is partly that they represent the thought and classroom teaching of the Aristotelian and Neoplatonist schools and partly that they provide a panorama of a thousand years of anicient Greek philosophy, revealing many original quotations from lost works. Even more significant is the profound influence... that they exert on later philosophy, Islamic and Western. Not only did they preserve (...) anti-Aristotelian marterial which helped inspire Medieval and Renaissance science, but they presented Aristotle in a form that made him acceptable to the Christian Church. It is not Aristotle, but Aristotle transformed and embedded in the philosophy of the commentators, that so often lies behind the views of later thinkers. --From book jacket. (shrink)

Richard Swinburne presents a powerful new case for substance dualism and for libertarian free will. He argues that pure mental events are distinct from physical events and interact with them, and claims that no result from neuroscience or any other science could show that interaction does not take place. Swinburne goes on to argue for agent causation, and claims that it is we, and not our intentions, that cause our brain events. It is metaphysically possible that each of us (...) could acquire a new brain or continue to exist without a brain; and so we are essentially souls. Brain events and conscious events are so different from each other that it would not be possible to establish a scientific theory which would predict what each of us would do in situations of moral conflict. Hence, we should believe that things are as they seem to be: that we make choices independently of the causes which influence us. It follows that we are morally responsible for our actions. (shrink)

Philosophy and literature enjoy a close, complex relationship. Elucidating the connections between these two fields, this book examines the ways philosophy deploys literary means to advance its practice, particularly as a way of life that extends beyond literary forms and words into physical deeds, nonlinguistic expression, and subjective moods and feelings.

_Heidegger_ is a classic introduction to Heidegger's notoriously difficult work. Truly accessible, it combines clarity of exposition with an authoritative handling of the subject-matter. Richard Polt has written a work that will become the standard text for students looking to understand one of the century's greatest minds.

The book begins with an overview that introduces the Theorem and the issues surrounding it, and explores how the essays that follow contribute to our understanding of those issues.

Richard Kilvington (ca. 1302-1361) was one of the most original and influential thinkers among the Oxford Calculators. His impact on late medieval philosophy and theology remains unquestionable. His physical, logical, and ethical solutions were extensively debated and referred to, paving the way for new approaches in philosophy and theology. This volume presents a critical edition of question 4 from Kilvington's Quaestiones super libros Sententiarum, complete with an introduction to the edition and a guide to Kilvington's theological concepts.

The sixteen essays in this volume confront the current debate about the relationship between philosophy and its history. On the one hand intellectual historians commonly accuse philosophers of writing bad - anachronistic - history of philosophy, and on the other, philosophers have accused intellectual historians of writing bad - antiquarian - history of philosophy. The essays here address this controversy and ask what purpose the history of philosophy should serve. Part I contains more purely theoretical and methodological discussion, of such (...) questions as whether there are 'timeless' philosophical problems, whether the issues of one epoch are commensurable with those of another, and what style is appropriate to the historiography of the subject. The essays in Part II consider a number of case-histories. They present important revisionist scholarship and original contributions on topics drawn from ancient, early modern and more recent philosophy. All the essays have been specially commissioned, and the contributors include many of the leading figures in the field. The volume as a whole will be of vital interest to everyone concerned with the study of philosophy and of its history. (shrink)

Thinking through the body: educating for the humanities -- The body as background -- Self-knowledge and its discontents: from Socrates to somaesthetics -- Muscle memory and the somaesthetic pathologies of everyday life -- Somaesthetics in the philosophy classroom: a practical approach -- Somaesthetics and the limits of aesthetics -- Somaesthetics and Burke's sublime -- Pragmatism and cultural politics: from textualism to somaesthetics -- Body consciousness and performance -- Somaesthetics and architecture: a critical option -- Photography as performative process -- Asian (...) ars erotica and the question of sexual aesthetics -- Philosophy as awakened life : everyday aesthetics of embodiment in American transcendentalism and Japanese Zen practice -- Somatic style. (shrink)

This Element, written for researchers and students in philosophy and the behavioral sciences, reviews and critically assesses extant work on number concepts in developmental psychology and cognitive science. It has four main aims. First, it characterizes the core commitments of mainstream number cognition research, including the commitment to representationalism, the hypothesis that there exist certain number-specific cognitive systems, and the key milestones in the development of number cognition. Second, it provides a taxonomy of influential views within mainstream number cognition research, (...) along with the central challenges these views face. Third, it identifies and critically assesses a series of core philosophical assumptions often adopted by number cognition researchers. Finally, the Element articulates and defends a novel version of pluralism about number concepts. (shrink)

Disagreement is common: even informed, intelligent, and generally reasonable people often come to different conclusions when confronted with what seems to be the same evidence. Can the competing conclusions be reasonable? If not, what can we reasonably think about the situation? This volume examines the epistemology of disagreement. Philosophical questions about disagreement arise in various areas, notably politics, ethics, aesthetics, and the philosophy of religion: but this will be the first book focusing on the general epistemic issues arising from informed (...) disagreement. Ten leading philosophers offer specially written essays which together will offer a starting-point for future work on this topic. (shrink)

Our existence is increasingly lived at a distance. As we move from flesh to image, we are in danger of losing touch with each other and ourselves. How can we combine the physical with the virtual, our embodied experience with our global connectivity? How can we come back to our senses? Richard Kearney offers a timely call for the cultivation of the basic human need to touch and be touched. He argues that touch is our most primordial sense, foundational (...) to our individual and common selves. Kearney explores the role of touch, from ancient wisdom traditions to modern therapies. He demonstrates that a fundamental aspect of touch is interdependence, its inherently reciprocal nature, which offers a crucial corrective to our fixation with control. Making the case for the complementarity of touch and technology, this book is a passionate plea to recover a tangible sense of community and the joys of life with others. (shrink)

Richard Kilvington s commentary on Aristotle s Nicomachean Ethics (14th century) offers a unique perspective of argumentation by applying concepts and terminology from the fields of logic and physics to ethical dilemmas.".

Few philosophers have been as widely misunderstood as Nietzsche. His detractors and followers alike have often fundamentally misinterpreted him, distorting his views and intentions and criticizing or celebrating him for reasons removed from the views he actually held. Now __Nietzsche__ assesses his place in European thought, concentrating upon his writings in the last decade of his productive life.

Gödel's relation to the work of Plato, Leibniz, Kant, and Husserl is examined, and a new type of platonic rationalism that requires rational intuition, called ...

This title was first published in 2000. Drawing on exclusive interviews with Karl Popper, this book provides the first comprehensive examination of the educational implications of his philosophy. Critically exploring key elements of Popper's work, his theory of knowledge, psychology of learning and politics, Richard Bailey also extrapolates an approach to teaching and learning in schools and the wider community.

The more than 40 readings in this anthology cover the most important developments of the past six decades, charting the rise and decline of logical positivism ...

The design of new constitutions is fraught with challenges on both issues of structural design and individual rights. As both a descriptive and normative matter it is exceedingly difficult to believe that one structural solution will fit all cases. The high variation in nation size, economic development, and ethnic division can easily tilt the balance for or against a Presidential or Parliamentary system, and even within these two broad classes the differences in constitutional structure are both large and hard to (...) measure. The only confident claim is that some system of separation of powers coupled with checks and balances is needed. Deciding which system, however, is far harder. In contrast, that same level of doubt does not arise in connection with the correct specification of individual right. Strong systems of negative rights on matters of liberty, property, religion, and speech are preferable across a wide range of social organizations. On the other hand, any effort to create systems of positive entitlements will fail because of the negative effects that they have on wealth creation and the inability to define or limit the scope of the relevant entitlements. (shrink)