This chapter contains sections titled: Introduction The Challenge to the Distinctiveness and the Coherence of Contract Four Autonomy‐Based Theories Three Teleological Theories Concluding Remarks References.

This article examines methodological and ethical issues of ethnographic research through the lens of Emmanuel Levinas's philosophy. Levinas is relevant to a critical analysis of ethnographic methods because his philosophy turns on the problematic relationship between self and other, among other important problems that define and guide contemporary anthropological research, including questions of responsibility, justice, and solidarity. This article utilizes Levinas's philosophy to outline a phenomenology of the “doing” of fieldwork, emphasizing the contingency of face-to-face encounters over controlled research design. (...) This account provides a basis for going beyond the polarized opposition between objective and subjective ethnographic approaches. Levinas allows for an ethically informed ethnography premised upon an acknowledgement of risk and uncertainity over researcher control or reflexivity. Providing a handful of concrete examples, the article argues that critical self-reflection about the fundamental face-to-face dimension of fieldwork is central to ethnography's ethical possibilities. (shrink)

Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law. This collection of six full-length essays, written by some of the most eminent scholars in the field, explores the general theory (...) of contract law from a variety of theoretical perspectives. The volume addresses a wide range of issues, both methodological and substantive, in the theory and practice of contract law. While the essays build upon past theoretical contributions, they also attempt to take contract theory further and suggest promising ways to develop theory of contract law. (shrink)

Modern contract law is characterized by a certain kind of unity and multiplicity. On the one hand, it establishes fundamental principles that apply to all contracts in general. But at the same time, it specifies further principles and rules for particular kinds of contracts or transaction-types that mark out their distinctive features, incidents and effects. Clearly, a viable theory of contract law should be able to provide a suitable account of both aspects. The central critical contention of The Choice Theory (...) of Contracts is that all prior approaches, in particular rights-based theories, have failed to do so. Indeed, Dagan and Heller argue that only a theory that explains the settled rules of contract law as teleologically oriented toward facilitating individuals’ pursuit of their different substantive goods, and thus as primarily power-conferring in this particularly robust sense, can provide the needed account. Such a theory, they believe, would be not only interpretatively accurate with respect to the actual law but also fully acceptable as a liberal view of contract. This Article challenges the core contentions of choice theory, suggesting why it may be unable to meet its own goal of explaining how contract law coherently specifies and integrates the general and specific dimensions of enforceable agreements. The Article looks into basic contract doctrines in order to specify a general conception of the contractual relation that can meet this desideratum and it sketches how, beginning with that conception, contract law unfolds a rich multiplicity of transaction-types. The resulting view is liberal but rights-based rather than teleological, and it proposes an alternative understanding of how the rules of contract law are power-conferring as well as duty-imposing. (shrink)

Non-human animals are as a matter of routine used as means to human ends. They are killed for food, employed for labour or sport, and experimented on in the pursuit of human health, knowledge, comfort and beauty. Lip-service is paid to the obligation to cause no unnecessary suffering, but human necessity is interpreted so generously that this is a negligible constraint. The dominant traditions of Western thought, religious and secular, have provided legitimation of the low or non-existent moral status of (...) beasts. The rival tradition, which includes the Neo-Platonists, Plutarch and Montaigne, is eccentric and archaic. But the teleologies and hierarchies of orthodoxy are equally incredible now and owe their greater respectability and influence to the inertia of custom. Disregard for beasts is supported partly by the vestigial and unowned belief that they are intended for our use, partly by a more recent piece of lore which is not only thought to be compatible with, but is sometimes held to be integral to, an enlightened scientific outlook, namely that beasts are mere complex stimulus—response mechanisms. The latter is a vexatious obstacle to progress but despite that the state of scientific and philosophical knowledge is now enormously more propitious for a re-appraisal of the moral status of beasts. Two moral philosophers, Peter Singer and Stephen Clark, have recently published books in which such a re-appraisal is attempted. Here I try to compare and assess some of the main features of their very different approaches. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IntroductionIn 1974 at a gathering celebrating the seventh centenary of Bonaventure's death, Ignatius Brady reviewed the Quaracchi edition of Bonaventure's works. He noted various problems with the edition and considered the authenticity of a number of works discovered since the edition's completion in 1902. He argued against the attribution of all the texts then newly ascribed to Bonaventure, but pointed forward to texts that might still be looked for, (...) "either by identifying them in pieces already published or by searching for them in manuscripts."Brady singled out two texts in particular: a text he referred to as a principium biblicum, and defined as the opening discourse of a baccalaurius biblicus; and a principium magisteriale or aulicum, which Brady defined as a "recommendatio s. scripturae or recommendatio sacrae doctrinae given in brief form by the doctorandus in the aula/hall of the bishop and repeated at length soon after his promotion." He went on to lament that we possess lectures pertaining to these forms from great medieval theologians like John of La Rochelle and Thomas Aquinas, but none for Bonaventure. According to Brady, two primary reasons explained this gap in Bonaventure's corpus: 1) the Quaracchi editors really had no clear conception of the genre of principium and hence never looked for Bonaventure's; 2) some scholars reasoned that Bonaventure's well-known sermon "Christ the one teacher of all" functioned as his principium and hence looked no further. As Brady noted, however, "Christ the one teacher of all" could never function as Bonaventure's principium without doing extreme violence to the literary parameters set for that academic exercise. Bonaventure's principium thus remained at large and has continued to elude scholars since Brady's reflections thirty-four years ago. Until now.Though Brady's terminology requires modification in the light of more recent studies, the thesis I will argue for in this article is that the text we know as the De reductione is in fact the second half of Bonaventure's two part inaugural lecture as a master at Paris. The first half of the lecture I have identified and provisionally edited: an overlooked sermon beginning with the verse, Omnium artifex docuit me sapientia .In order to demonstrate my thesis that the De reductione is part of Bonaventure's inaugural lecture as a master or his principium, I will first review the specific terminology required to understand this literary genre. Second, I will focus on the form and subject matter of the De reductione itself in order to establish that it may be understood as sermon and that its subject matter fits within the genre of principia. Third, I will highlight known principia that share concerns and style similar to the De reductione thus further demonstrating that the text is Bonaventure's principium. Fourth, I will discuss two manuscripts that present the De reductione as a principium. In connection, I will also indicate how these two manuscripts present the relationship between Bonaventure's overlooked sermon Omnium artifex docuit me sapientia and the De reductione. Fifth, I will show how Omnium artifex forms an essential prologue to the De reductione.I. Clarifying the literary genre of the principiumThe term principium can cause confusion since the term takes on different meanings in accordance with the variety of meanings and associations the term possessed in the middle ages. Clarity regarding this term is crucial if the present thesis is to be proved and so I must review the basic ways the term could be used.In a broad sense, the term principium refers simply to "the inaugural lecture of a course," which in turn belongs to the much broader category of sermon. In this sense of inaugural lecture or sermon, Bonaventure's prologues to each of the four books of Peter Lombard's Sentences, the prologues to his biblical commentaries, and even to some degree the prologue to.. (shrink)

Viṣamapadavyākhyā: A Commentary on Bhaṭṭoji Dīkṣita’s Śabdakaustubha Attributed to Nāgeśabhaṭṭa. Edited by James W. Benson. American Oriental Series, vol. 97. New Haven: American Oriental Society, 2015. Pp. xl + 233.

An illustrated study of the early twentieth-century transformation from Expressionism to Constructivism and beyond in the Central European arts. Central European Avant-Gardes presents the first interpretive overview of the complex webs of interaction among the artists and intellectuals of early twentieth-century Central Europe. The key stylistic transformation of the period was from Expressionism to Constructivism, as artists and writers, against a volatile background of war and revolution, saw the opportunity literally to construct a new world through their work. The borders (...) between the visual arts, photography, film, architecture, poetry, and typography were obliterated, as artists sought to transcend the forces of traditionalism to forge an elemental visual language that would overcome national and linguistic boundaries. Yet at the same time that these artists advocated pluralism and unity, their work engaged issues such as nationalism and tradition that still resonate in artistic circles today. The book, which accompanies a major exhibition organized by the Los Angeles County Museum of Art and curated by Timothy Benson, assisted by Monika Krol, is arranged around events and situations rather than by linear, art historical categories. It features hundreds of color plates and reproductions of documents; discussions of movements from Artificialism to Zenitism; essays on figures, publications, and exhibitions; and shorter "city views" of Belgrade, Berlin, Bucharest, Budapest, Cracow, Dessau, Ljubljana, £ódz, Poznañ, Prague, Vienna, Warsaw, Weimar, and Zagreb. (shrink)

Bambrough, R. Essay on man.--Quinton, A. Has man an essence?--Warnock, G. J. Kant and anthropology.--Honderich, T. On inequality and violence, and the differences we make between them.--Cherry, C. Agreement, objectivity and the sentiment of humanity in morals.--Gregory, I. Psycho-analysis, human nature and human conduct.--Gosling, J. The natural supremacy of conscience.--Scruton, R. Reason and happiness.--Wollheim, R. Needs, desires, and moral turpitude.--Hollis, M. My role and its duties.--Watkins, J. Three views concerning human freedom.--Letwin, S. R. Nature, history, and morality.--Passmore, J. Attitudes to (...) nature.--Benson, J. Hog in sloth, fox in stealth: man and beast in moral thinking.--Hare, R. Contrasting methods of environmental planning.--Self, P. Techniques and values in policy decisions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Prophetic Evangelicals: Envisioning a Just and Peaceable Kingdom ed. by Bruce Ellis Benson, Malinga Elizabeth Berry, and Peter Goodwin Heltzel, and: Bearing True Witness: Truthfulness in Christian Practice by Craig HoveyGuenther “Gene” HaasReview of Prophetic Evangelicals: Envisioning a Just and Peaceable Kingdom EDITED BY BRUCE ELLIS BENSON, MALINGA ELIZABETH BERRY, AND PETER GOODWIN HELTZEL Grand Rapids, MI: Eerdmans, 2012. 225 pp. $35.00Review of Bearing (...) True Witness: Truthfulness in Christian Practice CRAIG HOVEY Grand Rapids, MI: Eerdmans, 2011. 258 pp. $27.00Christian thought and practice in North America—especially in the evangelical world—has undergone significant changes in recent years. Prophetic Evangelicals and Bearing True Witness deal with two areas where this is evident: first, the attention many evangelicals are now giving to social justice and peace and, second, their determination to witness to the truth about Christ in a manner consistent with the Christian gospel. Prophetic evangelicals is the name the editors apply to a new generation of evangelicals who believe that the gospel of Christ requires a commitment to proclaim and embody “the just and peaceable kingdom” (2). These evangelicals view Jesus as inaugurating “a new social order that is a radical alternative to the order of empire” (7).This trend among evangelicals to move beyond the preaching of the gospel in a narrow sense (over against the liberals’ emphasis on social justice) is the culmination of a trend that has been happening since the publication in 1947 of Carl Henry’s The Uneasy Conscience of Modern Fundamentalism. What is new about many younger evangelicals in recent decades is their embrace of the Anabaptist perspective on justice and peace. It is clear in the introductory and concluding chapters by the editors—with their appeals to John Howard Yoder and Stanley Hauerwas and their references to the “cultural captivity” of the church—that this is the trend they have in mind. One also reads hints of liberation theology in the editors’ references to the needs of the people being “holy” (12), to God’s being on the side of—and the gospel always being in favor of—the “least” (47), and to a critique of “the order of empire” (7). Of course, [End Page 221] non-Anabaptist evangelicals are also concerned with these themes as part of their commitment to justice and peace. But it is the distinctive emphasis of this book—with some exceptions among the contributors—that it highlights the ways Anabaptist evangelicals are prophetic.The chapters consist of expositions on the following biblical themes: creation, shalom, justice, kingdom, news, Mary, the cross, church, freedom, reconciliation, resurrection, and hope. The authors include a wide range of evangelicals: from a Kuyperian (Vincent Bacote on creation) to a committed Anabaptist (David Gushee on shalom), to postcolonial Christians (Gabriel Salguero on the cross, and Raymond Alfred on freedom). Although the term is slippery, the inclusion of two contributors raises the question about who the editors consider to be an “evangelical”: Helen Slessarov-Jamir (on justice) agrees with her students’ desire not to learn theology from “dead white men” (77) and embraces religious pluralism (85); Pamela Lightsey (on reconciliation) embraces liberalism and liberation theology and calls herself a “womanist theologian” (169).The chapters contain a diversity of contributions in length and quality. Some are good, short expositions of themes: creation (Bacote), kingdom (Christian Collins Winn), Mary—actually about suffering—(Ruth Padilla DeBorst), church (John Franke), and resurrection (Cherith Fee Nordling). Gushee’s chapter contains a good exposition of the Anabaptist view of shalom, along with typical sweeping statements about the “Constantinian compromise” and the evangelical compromise with the state (72). Two chapters deserve special recognition. Chris Boesel’s chapter, “News,” is an excellent account of the Christian call to justice as part of the full goodness of the gospel. He criticizes both liberal-progressive and evangelical-conservative assumptions about the church’s mission and calls for a “recovering evangelical faith” that pursues justice with repentance, humility, and a reliance on the Holy Spirit. Telford Work’s chapter, “Hope,” also articulates a perceptive critique of the activism of both the Christian Right and the Christian Left. Rejecting all alignments with worldly power, he calls on the... (shrink)

Through engaging interviews, testimonials, and anecdotes from photographers, curators, printers, and colleagues, Object Lesson: On the Influence of Richard Benson pays homage to a legendary figure whose name is synonymous with the evolving history and philosophy of photographic reproduction. From making platinum prints for Paul Strand and books with Lee Friedlander to his own experiments with inkjet and digital offset processes, and as a teacher and dean of the Yale School of Art, by the time of his death in (...) 2017, Benson had inspired over three decades of students and artisans through his mentorship and work. In words and images, Object Lesson stands as a testament to Benson's wit, wisdom, and incomparable obsession with how photographic images render and connect us to the world. (shrink)

As bearers of the divine image, all of us are storytellers and artists. However, few people today believe in truth that is not empirically knowable or verifiable, the sort of truth often trafficked through direct forms of communication. Drawing on the works of Soren Kierkegaard, Benson P. Fraser challenges this penchant for direct forms of knowledge by introducing the indirect approach, which he argues conveys more than mere knowledge, but the capability to live out what one takes to be (...) true. Dr. Fraser suggests that stories aimed at the heart are powerful instruments for personal and social change because they are not focused directly on the individual listener; rather, they give the individual room or distance to reconsider old meanings or ways of understanding. Indirect communication fosters human transformation by awaking an individual to attend to images or words that carry deep symbolic force and that modify or replace one's present ways of knowing, and ultimately make one capable of embodying what he or she believes. Through an examination of the indirect approach in Kierkegaard, Jesus, C. S. Lewis, and Flannery O'Connor, Fraser makes a strong case for the recovery of indirect strategies for communicating truth in our time"--Back cover. (shrink)

Political polarization is one of the most discussed challenges facing contemporary democracies and is often associated with a broader epistemic crisis. While inspiring a large literature in political science, polarization’s epistemic problems also have significance for normative democratic theory, and this study develops a new approach aimed at understanding them. In contrast to prominent accounts from political psychology—group polarization theory and cultural cognition theory—which argue that polarization leads individuals to form unreliable political beliefs, this study focuses on system-level diversity. It (...) argues that polarization’s epistemic harms are best located in its tendency to reduce the diversity of perspectives utilized in a democratic system and in how this weakens the system’s ability to identify and address problems of public concern. Understanding such harms is also argued to require a greater consideration of the political dynamics of polarization and issues of elite discourse, alongside political psychology. (shrink)