This new book takes an innovative and novel approach to the study of jurisprudence. Drawing together a range of specialists, making original contributions, it provides a summary, analysis, and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical, leaving students and the (...) subject adrift. It picks up mid-range concepts such as rights, sovereignty, and adjudication and charts their interrelation and uses in law and legal theory. The approach taken to the subject is an interdisciplinary one, and involves making linkages with contemporary issues in political and social theory, such as the changing role of the state, forms of dispute resolution and the courts. It also addresses topics not normally covered, or covered only indirectly in other jurisprudence textbooks, such as globalisation and legal culture. Its coverage is therefore broad and links legal, political, philosophical, and social analysis. (shrink)

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...) of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

This article is based on the Inaugural Adam Smith Lecture in Jurisprudence given at the University of Glasgow in 2016. It asks this question: is it not an age of obligation that we live in as much as, if not more so than, an age of rights? To answer this it explores a number of different senses of obligation to be found across a range of social practices. After an overview of some of the main concerns of Smith’s work, it (...) looks at two types of ‘obligation practices’ prominent in contemporary society: those that make rights effective, and those that operationalise debt. In paying attention to the often less visible work done by and through obligations, it also highlights certain vulnerabilities citizens are susceptible to when the distinction between obligation and obedience threatens to collapse. (shrink)

This book offers a series of original essays by an international group of scholars whose work looks comparatively at law's attempts to deal with the past.

In this book, Veitch starts with the observation that our social, political, and legal worlds are filled with obligations, yet this has been overshadowed in modernity by a legal prioritisation of r...

Dualism and monism.--History, and the history of philosophy.--The theism of Wordsworth.

This Is A New Release Of The Original 1875 Edition.

This article critically interrogates contemporary forms of addiction medicine that are portrayed by policy-makers as providing a ‘rational’ or politically neutral approach to dealing with drug use and related social problems. In particular, it examines the historical origins of the biological facts that are today understood to provide a foundation for contemporary understandings of addiction as a ‘disease of the brain’. Drawing upon classic and contemporary work on ‘styles of thought’, it documents how, in the period between the mid-1960s and (...) the mid-1970s, such facts emerged in relation to new neurobiological styles of explaining and managing social problems associated with drug abuse, and an alliance between a relatively marginal group of researchers and American policy-makers who were launching the ‘War on Drugs’. Beyond illustrating the political and material conditions necessary for the rise of addiction neuroscience, the article highlights the productivity of neurobiological thought styles, by focusing on the new biological objects, treatments and hopes that have emerged within the field of addiction studies over the last several decades. (shrink)

The tradition descending from Frege and Russell has typically treated theories of meaning either as theories of meanings, or as theories of truth conditions. However, propositions of the classical sort don't exist, and truth conditions can't provide all the information required by a theory of meaning. In this book, one of the world's leading philosophers of language offers a way out of this dilemma. Traditionally conceived, propositions are denizens of a "third realm" beyond mind and matter, "grasped" by mysterious Platonic (...) intuition. As conceived here, they are cognitive-event types in which agents predicate properties and relations of things--in using language, in perception, and in nonlinguistic thought. Because of this, one's acquaintance with, and knowledge of, propositions is acquaintance with, and knowledge of, events of one's cognitive life. This view also solves the problem of "the unity of the proposition" by explaining how propositions can be genuinely representational, and therefore bearers of truth. The problem, in the traditional conception, is that sentences, utterances, and mental states are representational because of the relations they bear to inherently representational Platonic complexes of universals and particulars. Since we have no way of understanding how such structures can be representational, independent of interpretations placed on them by agents, the problem is unsolvable when so conceived. However, when propositions are taken to be cognitive-event types, the order of explanation is reversed and a natural solution emerges. Propositions are representational because they are constitutively related to inherently representational cognitive acts. Strikingly original, What Is Meaning? is a major advance. (shrink)

In an important and widely cited paper, Zerilli, Knott, Maclaurin, and Gavaghan (2019) argue that opaque AI decision makers are at least as transparent as human decision makers and therefore the concern that opaque AI is not sufficiently transparent is mistaken. I argue that the concern about opaque AI should not be understood as the concern that such AI fails to be transparent in a way that humans are transparent. Rather, the concern is that the way in which opaque AI (...) is opaque is very different than the way in which humans are opaque. What matters is the degree to which the opaque processes of a class of decision makers are stable, uniform, and safe. The degree to which such processes have these features in humans is higher than the degree to which such processes have these features in opaque AI. And therefore we should require AI to be more transparent than humans. (shrink)

An original interpretation of Merleau-Ponty on subjectivity, drawing from and challenging both the continental and analytic traditions.

It is widely believed that Perelman and Olbrechts-Tyteca’s theory of argumentation is vulnerable to the charge of relativism. This paper provides a more charitable interpretation of Perelman and Olbrechts-Tyteca’s normative views, one that properly considers the historical trajectory of their work and a wider range of texts than existing interpretations. It is argued that their views are better characterized as a form of “contrastivism about arguments” than any kind relativism. This more accurate depiction contributes to ongoing efforts to revive interest (...) in Perelman and Olbrechts-Tyteca’s work as well as build bridges with trends in contemporary argumentation theory. (shrink)

_An original interpretation of Merleau-Ponty on subjectivity, drawing from and challenging both the continental and analytic traditions._.

Science and the originality of life -- Christian facticity -- Grasping life as a topic -- Ruinance -- The retrieval of history -- Facticity and ontology -- Factical speaking -- Rhetoric -- Sophistry.

For anyone approaching the Encheiridion of Epictetus for the first time, this book provides a comprehensive guide to understanding a complex philosophical text. Including a full translation and clear explanatory commentaries, Epictetus's 'Encheiridion' introduces readers to a hugely influential work of Stoic philosophy. Scott Aikin and William O. Stephens unravel the core themes of Stoic ethics found within this ancient handbook. Focusing on the core themes of self-control, seeing things as they are, living according to nature, owning one's roles (...) and fulfilling the responsibilities that those roles entail, the authors elucidate the extremely challenging ideas in Epictetus's brisk chapters. Divided into five distinct parts, this book provides readers with: -/- - A new translation of the Encheiridion by William O. Stephens. - A new introduction to ancient Stoicism, its system of concepts, and the ancient figures who shaped it. - A fresh treatment of the notorious and counter-intuitive 'Stoic paradoxes'. - An accessible overview of the origin and historical context of the Encheiridion. - Detailed commentaries on each chapter of the Encheiridion that clarify its recurring themes and highlight their interconnections. - Careful attention to the presentation of the arguments embedded in Epictetus's aphoristic style. - A thoughtful discussion of serious criticisms of Epictetus's Stoicism and replies to these objections. -/- Written with clarity and authority, Epictetus's 'Encheiridion' provides a foundation from which readers can understand this important text and engage with the fundamental questions of Stoic philosophy and ethics. This guide will aid teachers of Epictetus, students encountering Stoicism for the first time, and readers seeking a greater understanding of Stoic ethics. (shrink)

Canada has followed the pattern of Benelux nations by legislating sufferingSuffering as the pivotal eligibilityEligibilitycriterionCriterion for euthanasiaEuthanasia/assisted death without requiring terminal prognosis as is needed in most permissive jurisdictions. This chapter will explore the relationship between sufferingSuffering and Medical Assistance in Dying (MAID) and the ways in which sufferingSuffering is understood in the Supreme Court of Canada, the federal Criminal Code legislation and by health care assessors. Based on this analysis, we will argue that the resulting sufferingSufferingeligibilityEligibilitycriterionCriterion leaves the law (...) open to unintended forms of interpretation, thus instituting perhaps the most unbounded and risk-prone form of assisted death in the world. A review of the literature on sufferingSuffering, the wish to dieWish to die, and reasons for MAIDReasons for MAID requests found sufferingSuffering of severe illness to be frequently associated with unstable mental health, social, and existentialExistential variables that are often amenable to therapy or remediation. While sufferingSuffering remains a powerful motivating force to seek opportunities to relieve distress, its use as an eligibilityEligibilitycriterionCriterion for MAID has significant ambiguity in its’ characterization of ‘enduring’ and ‘irremediable’ and thus fails to protect against abuse for the vulnerable. (shrink)

Albert Einstein's bold assertion of the form-invariance of the equation of a spherical light wave with respect to inertial frames of reference became, in the space of six years, the preferred foundation of his theory of relativity. Early on, however, Einstein's universal light-sphere invariance was challenged on epistemological grounds by Henri Poincaré, who promoted an alternative demonstration of the foundations of relativity theory based on the notion of a light-ellipsoid. Drawing in part on archival sources, this paper shows how an (...) informal, international group of physicists, mathematicians, and engineers, including Einstein, Paul Langevin, Poincaré, Hermann Minkowski, Ebenezer Cunningham, Harry Bateman, Otto Berg, Max Planck, Max Laue, A. A. Robb, and Ludwig Silberstein, employed figures of light during the formative years of relativity theory in their discovery of the salient features of the relativistic worldview. (shrink)

This study renders the complex corpus of the Guodian texts into a more easily manageable form, incorporating the past several years of scholarly activity on these texts and providing them with a comprehensive introduction along with a complete and well-annotated translation into English.

Two important debates have characterized mainstream epistemology in recent years. The first is the debate between foundationalists and anti-foundationalists. The second is the debate over the details of a naturalized epistemology. Both debates have meant that traditional concepts of rationality and justification are now understood in a new light. Both debates have helped focus attention on the future direction of epistemology, its goals and its limitations.

Essays by 14 Levinas scholars provide a fresh acount of the argument and purpose of Emmanuel Levinas's major work, Totality and Infinity, drawing parallels between Levinas and other thinkers; considering Levinas's relationship to other disciplines such as nursing, psychotherapy, and law; and bringing this seminal text to bear on specific, concrete issues of present-day concern"--Provided by publisher.

An examination of the history and arguments behind W.K. Clifford and William James's landmark essays and subsequent impact on the importance of knowledge-based evidence.

I defend the view that moral properties are identical to properties that can be expressed without using moral vocabulary.

The paper is an attempt to explain what a transcendental argument is for Kant. The interpretation is based on a reading of the 'Discipline of Pure Reason', Sections 1 and 4 of the first Critique. The author first identifies several statements that Kant makes about the method of proof he followed in the 'Analytic of Principles' which seem to be inconsistent. He then tries to remove the apparent inconsistencies by focusing on the idea of instantiation and drawing a distinction between (...) the intension and the extension of a concept. Finally, the results are applied to the second 'Analogy of Experience' for the purposes of illustration. The paper should be seen as an attempt to provide an historical answer to a question that has been treated thematically in much of the recent literature. (shrink)

Ricœur lectured and wrote for over twenty years on negation (‘Do I understand something better if I know what it is not, and what is not-ness?') and never published his extensive writings on this subject. Ricœur concluded that there are multiple forms of negation; it can, for example, be the other person (Plato), the not knowable nature of our world (Kant), the included opposite (Hegel), apophatic spirituality (Plotinus on not being able to know God) and existential nothingness (Sartre). Ricœur, working (...) on Kant, Hegel and Sartre, decided that all these forms of negation are incompatible and also fatally flawed because they fail to resolve false binaries of negative: positive. Alison Scott-Baumann demonstrates how Ricœur subsequently incorporated negation into his linguistic turn, using dialectics, metaphor, narrative, parable and translation in order to show how negation is in us, not outside us: language both creates and clarifies false binaries. He bestows upon negation a strong and central role in the human condition, and its inevitability is reflected in his writings, if we look carefully. Ricœur and the Negation of Happiness draws on Ricœur's published works, previously unavailable archival material and many other sources. Alison Scott-Baumann argues that thinking positively is necessary but not sufficient for aspiring to happiness - what is also required is affirmation of negative impulses: we know we are split by contradictions and still try to overcome them. She also demonstrates the urgency of analysing current socio-cultural debates about wellbeing, education and equality, which rest insecurely upon our loose use of the negative as a category mistake. (shrink)

Scott Yenor argues that David Hume's reputation as a skeptic is greatly exaggerated. In David Hume's Humanity, Yenor shows how Hume's skepticism is a moment leading Hume to defend a philosophy that is grounded in the inescapable assumptions of common life. Humane virtues reflect the proper reaction to the complex mixture of human faculties that define the human condition. These gentle virtues best find their home in the modern commercial republic, of which England is the leading example. Hume's defense (...) of both common life philosophy and humanity are, however, flawed by his secretly dogmatic assumptions about the nature of history and his Enlightened approach to religious teachings and psychology. This study makes the case for Hume's manner of grounding philosophy in common life is essential to any reinvigoration of the humanities. It ultimately holds that Hume's practice of that philosophy is seriously flawed, but that a more philosophic philosophy of common life is available. (shrink)

We're in an ethical mess! -- Is there a moral law we can know? -- If we know what's right, can we do it? -- What does it mean to be human? -- Ethics in the marketplace -- Ethics in public life.

Cognitive science proposes that we have evolved to build mental maps of the world not according to its actual, physical nature, but according to what allows us to thrive. In other words, our individual and collective realities are fictions - carefully constructed to enable us to maintain our particular perspectives. It used to be that our fictions were rooted to reasonably solid things: to people, places and memories. Today, in an age of online personas, alternative truths, constant surveillance and an (...) increasingly hysterical news cycle, our realities are becoming more flimsy and more vulnerable than ever before. Ours is now a zoomed-in perspective, where the backstage is centre stage. We are both camera person and subject, with new powers and new weaknesses. Our personal and political spheres are dangerously merging. How will the form and grammar of our feelings have to change in this over-exposed environment? Should any of our stories remain secret? How are these phenomena changing the way we live? How do we maintain a sense of reality in an increasingly fantastic world? Picnic Comma Lightning is an innovative examination of the nature of reality in the twenty-first century, one that explores the key ethical, political and neurological forces contouring our inner selves, but also the old influences of grief and desire, memory and imagination. In it, award-winning author Laurence Scott provides a lively and accessible new philosophy for this epoch in Western civilisation, one that will change the way you see the world, and your place within it."--Publisher description. (shrink)

This book is a radical plea for the centrality of experience in the social and human sciences. Scott Lash argues that a large part of the output of the social sciences today is still shaped by assumptions stemming from positivism, in contrast to the tradition of interpretative social enquiry pioneered by Max Weber. These assumptions are particularly central to economics, with its emphasis on homo economicus, the utility-maximizing, instrumental actor, but they have infiltrated the other social sciences too. Lash (...) argues for a social sciences based not in positivism’s utilitarian a priori but instead in the a posteriori of grounded and embedded subjective experience. This features a politics of Hannah Arendt’s public sphere, which begins with the particular experience of Aristotle’s polis and moves - via Rome, Augustine and Kant - to a modernity that acknowledges the fragility of political worlds. Yet modernity is also a matter of technological experience and technological forms of life. Lash - starting from Aristotle’s technics and working through Turing’s and Shannon’s computer mediation – develops a novel account of technological experience, of how objects themselves experience. And here he finds a surprising convergence with Chinese cosmology’s ethos of dao, qi and li: the experience of the embedded multiplicity of the ‘ten thousand things’. This original book by a leading social and cultural theorist will be of interest to scholars and students across the social sciences, from sociology and cultural studies to anthropology and politics. (shrink)

According to Pew Research studies, most Americans think religion always conflicts with science. The popular writings of scientists such as Richard Dawkins, Sam Harris, and Lawrence Krauss reinforce this idea, as do books by writers such as Christopher Hitchens and Daniel Dennet. Furthermore, the two versions of the enormously popular television show Cosmos, hosted by Carl Sagan in 1980 and Neil deGrasse Tyson in 2014, present a history of science in which religion has always acted as a barrier to scientific (...) development, with scientists frequently persecuted or even executed for their work. "Gods, Philosophers, and Scientists" shows that just because an idea is popular, doesn't mean it's correct. By examining the historical record from the time of the Ancient Greeks to today, readers are able to see that religion and science have been allies more often than enemies, and when conflict does occur it's too simplistic to view it as coming from something inherent to either science or religion. Instead, as with the case of Greek philosophy or the reception of Darwinian evolution, complex social forces are to blame, and in cases such as the infamous one of Galileo's conflict with the Catholic Church, clashing personalities are at least as important as those social forces. Anyone interested in the history of science or religion, who is curious about how science works, or who wants to have a better understanding of the world should read this book. (shrink)

Starting at the beginning: what's so good about being good? -- Theological ethics: where does morality come from? -- Cultural views of morality: why can't we make up our own moral rules for ourselves? -- Making ethical decisions: when I'm in a moral dilemma, what do I do? -- Abortion: how can you say that a pregnant seventeen-year-old, for whom having the baby will ruin her life, is doing something wrong by having an abortion? -- Reproductive technologies: what do you (...) say to infertile couples about the hi-tech ways to have a baby? -- Genetics and biotechnology: what do you tell couples who want to use biotechnology to produce designer children? -- Death, dying, and assisted suicide: don't people have a fundamental right to die? -- Capital punishment: isn't the death penalty a barbaric holdover from uncivilized cultures that should be done away with today? -- War and morality: in view of the Bible's teaching to love your enemies, why isn't every Christian a pacifist? -- Sexual ethics: shouldn't people be able to love and have sex with whomever they choose? -- Christian ethics, economics, and the workplace: how does my work connect to my spiritual life and my service to God? (shrink)

The life fantastic -- Bedtime stories -- The end of things -- Optical disillusions -- Double vision -- Backstage pass -- Romance languages -- Fellow-feeling -- Bolts from the blue -- Final fantasies.

Prominent atheists claim the Bible is a racist text. Yet Dr. Martin Luther King Jr. read it daily. Then again, so did many ardent segregationists. Some atheists claim religion serves to oppress the masses. Yet the classic text of the French Revolution, What is the Third Estate?, was written by a priest. On the other hand, the revolutionaries ended up banning religion. What do we make of religion's confusing role in history? And what of religion's relationship to science? Some scientists (...) claim that we have no free will. Others argue that advances in neurobiology and physics disprove determinism. As for whispering to the universe, an absurd habit say the skeptics. Yet prayer is a transformative practice for millions. This book explores the most common atheist critiques of the Bible and religion, incorporating Jewish, Christian, and Muslim voices. The result is a fresh, modern re-evaluation of religion and of atheism. (shrink)

Modernism is both a contested aesthetic category and a powerful political statement. Modernist music was condemned as degenerate by the Nazis and forcibly replaced by socialist realism under the Soviets. Sympathetic philosophers and critics have interpreted it as a vital intellectual defence against totalitarianism, yet some American critics consider it elitist, undemocratic, and even unnatural. Drawing extensively on the philosophy of Heidegger and Badiou, Quilting Points proposes a new dialectical theory of faithful, reactive, and obscure subjective responses to musical modernism, (...) which embraces all the music of Western modernity. (shrink)

Women and religion -- Reproductive futurism -- Political emancipation -- From the Cold War to the clash of civilizations -- Sexual emancipation.

The brief, practical texts in the Essentials of Qualitative Methods series introduce social science and psychology researchers to key approaches to capturing phenomena not easily measured quantitatively, offering exciting, nimble opportunities to gather in-depth qualitative data. In this book, Scott D. Churchill introduces readers to existential phenomenological research, an approach that seeks an in-depth, embodied understanding of subjective human existence that reflects a person's values, purposes, ideals, intentions, emotions, and relationships. This method helps researchers understand the lives and needs (...) of others by helping identify and set aside theoretical and ideological prejudgments. About the Essentials of Qualitative Methods book series: Even for experienced researchers, selecting and correctly applying the right method can be challenging. In this groundbreaking series, leading experts in qualitative methods provide clear, crisp, and comprehensive descriptions of their approach, including its methodological integrity, and its benefits and limitations. Each book includes numerous examples to enable readers to quickly and thoroughly grasp how to leverage these valuable methods. (shrink)

Many fans of Diogenes of Sinope laud his parrhesia, free speech used for critique. However, Diogenes abused not only the powerful but also the socially marginalized. We argue that interpreters of Diogenes cannot explain away the undeniably troublesome things that Diogenes said about those at the margins. But we also argue that Diogenes ought nonetheless to be preserved. Some of his chreiai can be reminders of how to be courageous and fight for the downtrodden, and others can serve as reminders (...) of how easily those aspirations can be forgotten. We offer a variety of ways to interpret Diogenes, especially since the figure of Diogenes is an historical composite from centuries of sources. But we arrive at a position of loving antagonism toward Diogenes, loving Cynic commitments to autarkeia and against wealth and power, and disapproving when Cynics fell short of their commitments and critical aspirations. (shrink)

I present a counterexample to Kirk-Giannini’s Dilemmatic Theory of gaslighting.