The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights (...) as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field. (shrink)

The fundamental freedoms of speech, conscience, privacy, and religion are now an essential part of the fabric of contemporary society, set down in our most basic laws and regularly invoked in our political and cultural debates. These freedoms play a vital role in securing the spaces and opportunities within which people are able to pursue their own lives in their own ways. Independence of Mind takes this accepted thought a step further, by exploring the ways in which the fundamental freedoms (...) help us to achieve something even more profound, by enabling us to arrive at beliefs, convictions and voices of our own, so that we truly come to think, believe and speak for ourselves in the rich and various ways that the freedoms then protect. Privacy grants us the distance and refuge from others necessary to develop views of our own; freedom of speech calls on us to imagine ways of expressing ourselves that are both true to the views we have developed and innovative in their own right; freedom of conscience enables each of us to create a distinctive rational personality in which to embed the convictions that we wish to treat as non-negotiable; freedom of religion allows groups of us to endorse certain beliefs as articles of faith, free from the full demands of rational scrutiny. Much has been written about the political and legal implications of the fundamental freedoms and their entrenchment in bills of rights. This is the first book to undertake a comprehensive philosophical examination of their moral bases. It offers a penetrating analysis of what makes these particular freedoms matter to us in the ways that they do, and of the true significance of their entrenchment in law. (shrink)

The entrenchment of a bill of rights, and the consequent removal of the matters covered in the bill from the domain of the legislature, is commonly thought to constitute a transfer of power from the legislature to the courts. Yet the simple answer to this thought is that, strictly speaking, no such transfer takes place, for in acquiring power to determine the content of a bill of rights the courts do not acquire the power to legislate that the bill denies (...) to the legislature. The more complex response is that what the courts acquire when a bill of rights is entrenched is the power to set a constitutional agenda, a power that the legislature may never have had and so has not necessarily lost, a power the political significance of which depends on the form and content of what is entrenched and the value and character of the power it leaves in the hands of the legislature. In particular, the entrenchment of a project of governance (as typified by the positive duties conventionally associated with economic and social rights) raises concerns about the power exercised by courts that are not raised by the entrenchment of a project of non-governance (as typified by the negative duties conventionally associated with civil and political liberties). Non-governance may be objectionable, but not because the courts secure it. Governance, however, may be objectionable just because the courts secure it. (shrink)

Tens of thousands of students have learned to be more discerning at constructing and evaluating arguments with the help of Patrick J. Hurley. Hurley’s lucid, friendly, yet thorough presentation has made A CONCISE INTRODUCTION TO LOGIC the most widely used logic text in North America. In addition, the book’s accompanying technological resources, such as CengageNOW and Learning Logic, include interactive exercises as well as video and audio clips to reinforce what you read in the book and hear in class. (...) In short, you’ll have all the assistance you need to become a more logical thinker and communicator. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. (shrink)

Because biologists are concerned with life in all its forms, and physicians deal with life and death on a daily basis, it is crucial that they explicitly understand what life is. Nevertheless, a clear idea of what life means remains elusive, and there is no universally accepted definition. Therefore, we offer our own: Life is a self-contained, self-regulating, self-organizing, self-reproducing, interconnected, open thermodynamic network of component parts which performs work, existing in a complex regime which combines stability and adaptability in (...) the phase transition between order and chaos, as a plant, animal, fungus, or microbe. This definition describes life as we know it here on earth and .. (shrink)

This modern, advanced textbook reviews modal logic, a field which caught the attention of computer scientists in the late 1970's.

The Polymath Project is an online collaborative enterprise that was initiated in 2009, when Timothy Gowers asked whether and how groups could work together to solve mathematical problems that “do not naturally split up into a vast number of subtasks.” Gowers proposed to answer this question himself by actually trying to set up such a collaboration, based on interactions taking place in the comment-threads of a series of posts on a WordPress blog. Hence, the first project officially started in early (...) 2009, to be proclaimed successful only 6 weeks later (Gowers and Nielsen 2009). From its inception until April 2018, 15 more Polymath problems (and a handful of smaller or related ones) have been launched. These projects have attracted attention from different scholarly communities, including the philosophy of mathematical practices, from the perspective of which the Polymath Project can be seen as a vast repository of mathematics in action. This chapter continues previous work by its authors on the topic in question and topics related. More specifically, for the purposes of this volume, it is our aim to both summarize and expand upon these earlier contributions. The starting point is the above observation that in the past decade, the issue of “massively collaborative mathematics” (to be qualified below) has drawn quite some attention. However, does it also warrant intensive philosophical attention in particular? For, as exciting as these developments might be from mathematical and other points of view, the enhanced possibilities that have come with it do not per se give rise to any philosophical import. In Van Bendegem (2011), one of us has indeed tentatively argued for the philosophical relevance of these new dynamics of proof construction flowing from the wide availability and efficiency of Internet technology. We shall below briefly rehearse and update the argument given there. (shrink)

This modern, advanced textbook reviews modal logic, a field which caught the attention of computer scientists in the late 1970's.

In Beyond Comparison: Sex and Discrimination Timothy Macklem addresses foundational issues in the long-running debate in legal, political and social theory about the nature of gender discrimination. He takes the highly original and controversial view that the heart of discrimination lies not in the unfavorable comparisons with the treatment and opportunities that men enjoy but rather in a denial of resources and opportunities that women need to lead successful and meaningful lives as women. Therefore, to understand what women need (...) we must first understand what it is to be a woman. By displaying an impressive command of the feminist literature as well as intellectual rigor, this work promises to be a milestone in the debate about gender equality and will interest students and professionals in the areas of legal theory and gender studies. (shrink)

In this ground-breaking new text, Patrick Baert analyses the central perspectives in the philosophy of social science, critically investigating the work of Durkheim, Weber, Popper, critical realism, critical theory, and Rorty's neo pragmatism. Places key writers in their social and political contexts, helping to make their ideas meaningful to students. Shows how these authors’ views have practical uses in empirical research. Lively approach that makes complex ideas understandable to upper-level students, as well as having scholarly appeal.

How can law help build community? Don't people typically have good reason to pursue their own courses at the cost of life in common? This book goes beyond the familiar debates in jurisprudence, exploring the ways in which the rational appeal of law requires the support of other means of persuasion, most obviously enforcement, but also beguilement.

This paper explores the extent to which our assessment of how we ought to live, including how we ought to live under the guidance of law, is arrived at by engaging with our predicament in all its d...

ABSTRACT Justice has become the dominant currency in which we frame our aspirations for a better world. Yet is it adequate to the task? Why not be generous to others, rather than merely just? Why be so concerned with keeping score, when part of the point of keeping score is to ensure that one does not contribute more than one's due? One response, pressed particularly by feminists, is that we should be suspicious of alternatives to justice, precisely because they are (...) by their nature less than fully just. Yet this response risks begging the question. Another possibility is that justice is the currency of a distinctive, recognizably modern social order, and the institutions and practices that embody that order. Justice makes certain goods more possible, goods that we are steeped in, out of which we have built much of our lives, in which we have couched our sense of progress. By the same token, it makes other, more organic, more communal, more opaque goods, less accessible. That is the price we pay for justice. We have reason to pay it in many cases, to accept it in others. Yet we also have reason to regret justice, even as we embrace it. (shrink)

In this article we consider and cast doubt on two doctrines given prominence and prestige by the utilitarian tradition in ethics. According to the interest theory of value, value is realized only in the advancement of people's interests. According to the well-being theory of interests, people's interests are advanced only in the augmentation of their well-being. We argue that it is possible to resist these doctrines without abandoning the value-humanist doctrine that the value of anything has to be explained in (...) terms of its potential to contribute to human lives and their quality. (Published Online November 24 2006). (shrink)

Soren Kierkegaard, one of the most original thinkers of the nineteenth century, wrote widely on religious, psychological, and literary themes. This book shows how Kierkegaard developed his views in emphatic opposition to prevailing opinions. His arresting but paradoxical conception of religious belief is critically discussed, and Patrick Gardiner concludes this lucid introduction by showing how Kiekegaard has influenced contemporary thought.

Descartes with his sharp separation of the mental and the physical set the stage for the philosophy of mind for the next 350 years. Philosopher Patrick T. Mackenzie finds in the later writings of Wittgenstein the suggestion that Descartes got off on the wrong foot. Following Wittgenstein's lead, Mackenzie argues that instead of analyzing our human nature as a composite of mind and body, we should view ourselves as whole persons. One of the dividends of this approach to the (...) mind-body problem is that it provides us with a resolution to the problem of human freedom—i.e., how can a human being be free if his or her body (including the brain) belongs to a deterministic world? Mackenzie here argues that the person is largely free even though the movements of the body are determined by neurophysiological events. He takes the same approach to the philosophy of mind as that taken by M.R.Bennett and P.M.S.Hacker in their recent and controversial book, The Philosophical Foundations of Neuroscience. Mackenzie's approach is, however, much more accessible. Students of philosophy and philosophers interested in the problem of human freedom will welcome Mackenzie's fresh approach, especially those disenchanted by the present list of mind-body "isms.". (shrink)

The Handbook of Modal Logic contains 20 articles, which collectively introduce contemporary modal logic, survey current research, and indicate the way in which the field is developing. The articles survey the field from a wide variety of perspectives: the underling theory is explored in depth, modern computational approaches are treated, and six major applications areas of modal logic (in Mathematics, Computer Science, Artificial Intelligence, Linguistics, Game Theory, and Philosophy) are surveyed. The book contains both well-written expository articles, suitable for beginners (...) approaching the subject for the first time, and advanced articles, which will help those already familiar with the field to deepen their expertise. Please visit: http://people.uleth.ca/~woods/RedSeriesPromo_WP/PubSLPR.html - Compact modal logic reference - Computational approaches fully discussed - Contemporary applications of modal logic covered in depth. (shrink)

Why do humans make music? Theories of the evolution of musicality have focused mainly on the value of music for specific adaptive contexts such as mate selection, parental care, coalition signaling, and group cohesion. Synthesizing and extending previous proposals, we argue that social bonding is an overarching function that unifies all of these theories, and that musicality enabled social bonding at larger scales than grooming and other bonding mechanisms available in ancestral primate societies. We combine cross-disciplinary evidence from archeology, anthropology, (...) biology, musicology, psychology, and neuroscience into a unified framework that accounts for the biological and cultural evolution of music. We argue that the evolution of musicality involves gene–culture coevolution, through which proto-musical behaviors that initially arose and spread as cultural inventions had feedback effects on biological evolution because of their impact on social bonding. We emphasize the deep links between production, perception, prediction, and social reward arising from repetition, synchronization, and harmonization of rhythms and pitches, and summarize empirical evidence for these links at the levels of brain networks, physiological mechanisms, and behaviors across cultures and across species. Finally, we address potential criticisms and make testable predictions for future research, including neurobiological bases of musicality and relationships between human music, language, animal song, and other domains. The music and social bonding hypothesis provides the most comprehensive theory to date of the biological and cultural evolution of music. (shrink)

By way of essays and a selection of primary sources in parallel text, Biography, Historiography, and Modes of Philosophizing provides an introduction to a vast, significant, but neglected corpus of early modern literature: collective biography. It focuses especially on the various related strands of political, philosophical, and intellectual and cultural biography as well as on the intersection between biography, historiography, and philosophy. Individual texts from the fifteenth to the eighteenth century are presented as examples of how the ancient collective biographical (...) tradition--as represented above all by Plutarch, Suetonius, Diogenes Laertius, and Jerome--was received and transformed in the Renaissance and beyond in accordance with the needs of humanism, religious controversy, politics, and the development of modern philosophy and science"--Provided by publisehr. (shrink)

Partant du débat qui oppose les orientations sémiologique et esthétique, l'auteur propose une troisième voie qui, comme les deux autres, vise à rendre compte de la perception esthétique du film, mais, au lieu de s'enfermer dans l'antinomie discours-figure, ou représentation-visibilité, problématise le fait de " l'impossible à représenter " dans sa confrontation avec le langage et le visible. Ce projet peut être considéré, selon l'auteur, comme une poétique, en un sens plus radical que la notion traditionnelle ou son prolongement chez (...) les formalistes russes, étant donné le thème de " l'articulation des signifiants à l'impossible " - une poétique qui procède de la crise de la représentation dans certains films (Duras) et trouve ses principaux instruments dans la psychanalyse. La première partie du livre explore deux propositions majeures de poétique, comme étude du discours et comme approche du sensible, puis les met à l'épreuve du cinéma de Duras, avant d'utiliser les conclusions de cette partie pour instaurer un débat épistémologique autour de la théorie psychanalytique du sujet divisé, laquelle permet d'accéder à la problématique centrale du livre : la rencontre avec le réel comme impossible. Cette perspective renvoie aux travaux de Jacques Lacan sur lesquels l'auteur se fonde pour introduire sa contribution la plus personnelle : le projet d'une nouvelle poétique du cinéma. (shrink)

In diesem Beitrag wollen wir zeigen, wieso die Fachdidaktik Philosophie und Ethik (neue) Ansätze entwickeln muss, um dem Anspruch auf (philosophische) Bildung von Menschen mit sonderpädagogischem Förderbedarf gerecht zu werden. Dafür zeigen wir anhand von Schüler_innen mit eingeschränkten Kommunikationsmöglichkeiten auf, wie Philosophieren mit ihnen dennoch möglich ist. Gleichzeitig wenden wir uns im Beitrag dem Haupteinwand zu, der darin besteht, dass Philosophieren mit dieser Schüler_innengruppe nicht möglich sei. Wir erklären unter welchen Umständen dieser Einwand nicht aufrecht erhalten werden sollte, sondern vielmehr (...) eine moralische Pflicht besteht, Menschen mit Behinderung philosophische Bildungsprozesse zu ermöglichen. (shrink)

" Je parle. Mes mots sont des pensées qui représentent. Dans leur essence même, ces pensées sont des énoncés vrais. Il est impossible en effet que ces mots qui s'imposent au nom de ma pensée puissent, dans leur évocation même, témoigner du faux. Comment l'acte de penser, dans ce qui l'institue comme énoncé encore une fois, pourrait-il m'abuser à travers ce qui constitue son acte même d'énonciation? " Que l'on ait pu parler de " mort de la métaphysique " est (...) absolument invraisemblable ; la métaphysique, en effet, n'a jamais été aussi " vivante " qu'aujourd'hui. Que l'on puisse, tout pareillement, imaginer que l'action aujourd'hui nécessaire à effectuer dans tous les domaines du savoir soit celle d'une " déconstruction " est tout aussi déconcertant ; il s'agit bien plutôt de tout l'inverse : de reconstruire. Non pas tellement de reconstruire des modes de savoir " nouveaux " mais, plus exactement, de reconstruire les questions de méthode par lesquelles nous pensons savoir. (shrink)

The author explores how Catholic social teaching and the principle of the common good can be successfully deployed in the public sphere, be it in relation to education, economics, democracy or civil rights.

This paper develops and refines the suggestion that logical systems are conceptual artefacts that are the outcome of a design-process by exploring how a constructionist epistemology and meta-philosophy can be integrated within the philosophy of logic.

Les auteurs, à partir de rencontres entre historiens et spécialistes de littérature ou de cinéma, se penchent sur la récurrence du thème de la défaite. Vercingétorix, Jeanne d'Arc, Waterloo, Sedan, juin 1940 : la France exalte volontiers vaincus et pertes. La défaite permet de refonder une nation, un peuple, une communauté, elle est l'occasion d'un sursaut.

Up to now theories of semantic information have implicitly relied on logical monism, or the view that there is one true logic. The latter position has been explicitly challenged by logical pluralists. Adopting an unbiased attitude in the philosophy of information, we take a suggestion from Beall and Restall at heart and exploit logical pluralism to recognise another kind of pluralism. The latter is called informational pluralism, a thesis whose implications for a theory of semantic information we explore.

In this thoroughly revised and updated second edition of the highly successful _Ecological Ethics_, Patrick Curry shows that a new and truly ecological ethic is both possible and urgently needed. With this distinctive proposition in mind, Curry introduces and discusses all the major concepts needed to understand the full range of ecological ethics. He discusses light green or anthropocentric ethics with the examples of stewardship, lifeboat ethics, and social ecology; the mid-green or intermediate ethics of animal liberation/rights; and dark (...) or deep green ecocentric ethics. Particular attention is given to the Land Ethic, the Gaia Hypothesis and Deep Ecology and its offshoots: Deep Green Theory, Left Biocentrism and the Earth Manifesto. Ecofeminism is also considered and attention is paid to the close relationship between ecocentrism and virtue ethics. Other chapters discuss green ethics as post-secular, moral pluralism and pragmatism, green citizenship, and human population in the light of ecological ethics. In this new edition, all these have been updated and joined by discussions of climate change, sustainable economies, education, and food from an ecocentric perspective. This comprehensive and wide-ranging textbook offers a radical but critical introduction to the subject which puts ecocentrism and the critique of anthropocentrism back at the top of the ethical, intellectual and political agenda. It will be of great interest to students and activists, and to a wider public. (shrink)

Berichte zur Wissenschaftsgeschichte, EarlyView.