This book presents papers that deal with Hans Kelsen's legal philosophy, and includes contributions from Hedley Bull, J.W. Harris, Phillip Pettit, Joseph Raz, Jes Bjarup, and Stanley L. Paulson.

This book concludes by considering whether growing counter calls to reduce our consumption of meat/dairy products in the face of climate change threats are in ...

In the sociology of the body, the analysis of physiognomy is a neglected topic. The idea that one can judge the character of another from their facial or bodily characteristics is a pervasive phenomenon. However, its historical and cultural spread does not entail that we inevitably tie it to notions of human essence. This study focuses upon a particular periodic resurgence of physiognomic discourse in the West, at the end of the 18th and the entirety of the 19th century. In (...) contrast to previous arguments, I argue that physiognomic discourse was able to exploit 19th-century phrenology as a conduit for its own perpetuation. I point out that the perception of the other that physiognomy promotes is largely based upon an atemporal view of the body. I suggest that this physiognomic perception remains an entrenched but changeable component in contemporary relations between self and other. (shrink)

This paper seeks to respond to some of the recent criticisms directed toward bioethics by offering a contribution to a “critical bioethics”. Here this concept is principally defined in terms of the three features of interdisciplinarity, self-reflexivity and the avoidance of uncritical complicity. In a partial reclamation of the ideas of V.R. Potter, it is argued that a critical bioethics requires a meaningful challenge to culture/nature dualism, expressed in bioethics as the distinction between medical ethics and ecological ethics. Such a (...) contesting of the “bio” in bioethics arrests its ethical bracketing of environmental and animal ethics. Taken together, the triadic definition of a critical bioethics offered here provides a potential framework with which to fend off critiques of commercial capture or of being “too close to science” commonly directed toward bioethics. (shrink)

: This paper argues that ecofeminism can consolidate its tradition of elucidating the interconnections between different oppressions by expanding upon its philosophy of the body. By looking at the ways in which particular bodies become 'marked', and so devalued, ecofeminism can point towards various unexpected and creative coalitions. Here I concentrate especially upon two intertwined sets of markings, namely those related to aesthetic discourses and those related to discourses of Western reason. I argue that both of these ultimately revolve around (...) notions of control of the body as being constitutive of Western ideas of human identity. Moreover, I want to affirm that those ideas which encourage us to devalue certain bodies stem from discourses related to nature and animality. Through considering how ecofeminism might re-think embodiment, I argue for an alternative conception which stresses the inherent vulnerability and agency of human embodiment. (shrink)

This paper argues that ecofeminism can consolidate its tradition of elucidating the interconnections between different oppressions by expanding upon its philosophy of the body. By looking at the ways in which particular bodies become 'marked', and so devalued, ecofeminism can point towards various unexpected and creative coalitions. Here I concentrate especially upon two intertwined sets of markings, namely those related to aesthetic discourses and those related to discourses of Western reason. I argue that both of these ultimately revolve around notions (...) of control of the body as being constitutive of Western ideas of human identity. Moreover, I want to affirm that those ideas which encourage us to devalue certain bodies stem from discourses related to nature and animality. Through considering how ecofeminism might re-think embodiment, I argue for an alternative conception which stresses the inherent vulnerability and agency of human embodiment. (shrink)

How may emergent biotechnologies impact upon our relations with other animals? To what extent are any changes indicative of new relations between society and nature? This paper critically explores which sociological tools can contribute to an understanding of the technologisation of animal bodies. By drawing upon interview data with animal scientists I argue that such technologies are being partly shaped by broader changes in agriculture. The complexity of genomics trajectories in animal science is partly fashioned through the deligitimisation of the (...) productivist paradigm but continue to sit in tension around particular conceptions of sustainability in farm animal production.In spite of this deligitimisation process genomics is now being framed in the context of a new productivism (termed the livestock revolution) bound up in projected global changes in animal consumption during the first half of the 21st century. This potentially jars against both social trends that seek to re-enchant animal life and sustainability discourses which include social and environmental contexts. Nevertheless the possibility of a new productivism is supported by various interconnected trends including the emergence of a discourse of the 'bioeconomy' and a liberal regulatory apparatus for farm animal breeding technologies. Ultimately an understanding of the possibility of emerging new bio-capitalisations on animal life should be set in a broader context of competing agricultural paradigms as well as ongoing tensions over 'naturalness' in human/animal relations. (shrink)

Drawing upon a concept of ‘critical bioethics’ [7] this paper takes a species-broad approach to the social and ethical aspects of enhancement. Critical Bioethics aims to foreground interdisciplinarity, socio-political dimensions, as well as reflexivity to what becomes bioethical subject matter. This paper focuses upon the latter component and uses the example of animal enhancement as a way to think about both enhancement generally, and bioethics. It constructs several arguments for including animal enhancement as a part of enhancement debates, and considers (...) some connections between human and animal enhancement. The paper concludes in a plea for an ‘enhancement’ to our critical abilities to examine some of the underlying social, moral and ethical assumptions bound up in varied anticipated ‘enhanced’ futures. (shrink)

In this paper I revisit previous critiques that I have made of much, though by no means all, bioethical discourse. These pertain to faithfulness to dualistic ontology, a taken-for-granted normative anthropocentrism, and the exclusion of a consideration of how political economy shapes the conditions for bioethical discourse (Twine Medicine, Health Care and Philosophy 8(3):285-295, 2005; International Journal of Sociology of Agriculture and Food 16(3):1-18, 2007, 2010). Part of my argument around bioethical dualist ontology is to critique the assumption of (...) a division between the “medical” (human) and “agricultural” (nonhuman) and to show various ways in which they are interrelated. I deepen this analysis with a focus on transnational pharmaceutical companies, with specific attention to their role in enhancing agricultural production through animal drug administration. I employ the topical case of antibiotics in order to speak to current debates in not only the interdisciplinary field of bioethics but also that of animal studies. More generally, the animal-industrial complex (Twine Journal for Critical Animal Studies 10(1):12-39, 2012) is underlined as a highly relevant bioethical object that deserves more conceptual and empirical attention. (shrink)

This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be (...) critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory. (shrink)

This essay examines the use of fictions in the reasoning of the House of Lords and United Kingdom Supreme Court in the context of two recent lines of authority on English tort law. First, the essay explores the relevance of counter-factual scenarios to liability in the tort of false imprisonment, in the light of the Supreme Court decisions in Lumba and Kambadzi. The second series of decisions is on causation in negligence claims arising from asbestos exposure. These cases have revealed (...) fundamental, ongoing judicial disagreement about the nature and extent of the exceptions made to general principles. The cases are also shown to lend force to Del Mar’s argument about the diachronicity of legal fictions. Overall, it is argued that such fictions play an important role in common law reasoning. (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)

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 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)

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)

This classic, provocative introduction to classical metaphysical questions focuses on appreciating the problems, rather than attempting to proffer answers.

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)

In the early 1920s, the German mathematician David Hilbert (1862–1943) put forward a new proposal for the foundation of classical mathematics which has come to be known as Hilbert's Program. It calls for a formalization of all of mathematics in axiomatic form, together with a proof that this axiomatization of mathematics is consistent. The consistency proof itself was to be carried out using only what Hilbert called “finitary” methods. The special epistemological character of finitary reasoning then yields the required justification (...) of classical mathematics. Although Hilbert proposed his program in this form only in 1921, various facets of it are rooted in foundational work of his going back until around 1900, when he first pointed out the necessity of giving a direct consistency proof of analysis. Work on the program progressed significantly in the 1920s with contributions from logicians such as Paul Bernays, Wilhelm Ackermann, John von Neumann, and Jacques Herbrand. It was also a great influence on Kurt Gödel, whose work on the incompleteness theorems were motivated by Hilbert's Program. Gödel's work is generally taken to show that Hilbert's Program cannot be carried out. It has nevertheless continued to be an influential position in the philosophy of mathematics, and, starting with the work of Gerhard Gentzen in the 1930s, work on so-called Relativized Hilbert Programs have been central to the development of proof theory. (shrink)

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 ...

In his final work, Richard Rorty provides the definitive statement of his political thought. Rorty equates pragmatism with anti-authoritarianism, arguing that because there is no authority we can rely on to ascertain truth, we can only do so intersubjectively. It follows that we must learn to think and care about what others think and care about.

law's oscillation between power and meaning -- Law's screen life : visualizing law in practice -- Images run riot : law on the landscape of the neo-baroque -- Theorizing the visual sublime : law's legitimation reconsidered -- The digital challenge : command and control culture and the ethical sublime -- Conclusion : visualizing law as integral rhetoric : harmonizing the ethical and the aesthetic.

The nature of matter was as intriguing a question for ancient philosophers as it is for contemporary physicists, and Matter, Space, and Motion presents a fresh and illuminating account of the rich legacy of the physical theories of the Greeks from the fifth century B.C. to the late sixth century A.D.

Studies the politics of Heidegger in terms of "thrownness" or "existential contingency". Attempts to think through Heidegger's philosophy in a manner that parallels his own dialogue with other key western thinkers.

Cosmopolitan theory suggests that we should shift our moral attention from the local to the global. Richard Vernon argues, however, that if we adopt cosmopolitan beliefs about justice we must re-examine our beliefs about political obligation. Far from undermining the demands of citizenship, cosmopolitanism implies more demanding political obligations than theories of the state have traditionally recognized. Using examples including humanitarian intervention, international criminal law, and international political economy, Vernon suggests we have a responsibility not to enhance risks facing (...) other societies and to assist them when their own risk-taking has failed. The central arguments in Cosmopolitan Regard are that what we owe to other societies rests on the same basis as what we owe to our own, and that a theory of cosmopolitanism must connect the responsibilities of citizens beyond their own borders with their obligations to one another"--Provided by publisher. (shrink)

Throughout, this book questions our accepted definitions and biases, showing the self-reflective nature of scientific activity within society.

This book is available either individually, or as part of the specially-priced Arguments of the Philosphers Collection.

This paper consists of my responses to the comments by nine commentators on my book Are we Bodies or Souls? It makes twelve separate points, each one relevant to the comments of one or more of the commentators, as follows: I defend my understanding of “knowing the essence” of an object as knowing a set of logically necessary and sufficient conditions for an object to be that object; I claim that there cannot be thoughts without a thinker; I argue that (...) my distinction of “mental” from “physical” events in terms of whether anyone has privileged access to whether or not they occur, is a clear one; and I defend my account of metaphysical modality and its role in defending my account of personal identity; I defend my view that Descartes’s argument in favor of the view that humans are essentially souls fails, but that my amended version of that argument succeeds; I claim that my theory acknowledges the closeness of the connection in an earthly life between a human soul and its body; I argue that my Cartesian theory of the soul-body relation is preferable to Aquinas’s theory of that; I argue that a material thing cannot have mental properties; I argue that any set of logically necessary conditions for an object to be the object it is, which together form a logically sufficient condition for this, mutually entails any other such set; I deny that a dualist needs to provide an explanation of how the soul has the capacities that it has; and finally I defend my view that souls have thisness, and claim that that is not a difficulty for the view that God determines which persons will exist. (shrink)

This book contains translations of Richard Methley's treatises dating from the 1480s including a guide to contemplative prayer, a spiritual diary, and an unknown work on the discernment of spirits.

The theory of action underlying Immanuel Kant's ethical theory is the subject of this book.

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)