Legal Philosophies has been written to provide a clear guide to the main topics in a jurisprudence or legal theory course with the novice in mind. It provides summaries of the pertinent arguments within these topics, and of the views of leading theorists. This new edition takes a look at the emergence of "Critical Legal Studies" and "Feminist Jurisprudence", whilst there are new sections on "Moral Truth" and "Communitarianism" (a revived theoretical approach).

The author addresses Robert Nozick's claim that: “The particular rights over things fill the space of rights, leaving no room for general rights to be in a certain material condition.” Hence Nozick insists that rights are violated if citizens are compelled to contribute to others' welfare, however urgent their needs may be. The author argues that it is characteristic of libertarian theories that they invoke the moral sanctity of private property against welfarist or egalitarian conceptions of social justice. Nozick's version (...) of the libertarian critique has three conceptual pillars–“right,”“thing” and “space.” On that basis Nozick claims that talk of welfare “rights” can be condemned on the plane of rights. This is true, Nozick maintains, even of “the right to life.” The author contends that this argument fails. It equivocates over the idea of “rights”; and it misconceives crucial features of property. Nozick deploys exclusive “domain rights,” whilst attacking “important‐interest rights.” His historical‐entitlement theory fails as a justification of private property. The author argues that, so far as material objects are concerned, private property institutions depend upon trespassory rules which do not impose morally binding obligations unless basic needs are catered for. Furthermore, private property institutions also comprise monetary resources to which the spatial metaphor of exclusive rights does not apply. Holdings vested in any particular person at any particular time are stamped, morally, with a mix of contestable and mutable property‐specific justice reasons. Hence it is fallacious to suppose that ownership rights together exhaust all normative space over “things.”The major objection to speaking of everyone's having a right to various things such as equality of opportunity, life, and so on, and enforcing this right, is that these “rights” require a substructure of things and materials and actions; and other people may have rights and entitlements over these. [≡] The particular rights over things fill the space of rights, leaving no room for general rights to be in a certain material condition. (Nozick 1974, 238). (shrink)

The contributors to this new philosophi­cal and historical examination of Vico, Herder, Schiller, and Goethe are Karl J. Fink, James W. Marchand, Harry Ritter, K. Michael Seibt, and David R. Ste­venson. Their essays and commentary address the question why this generation represent­ed by its great minds suddenly discov­ered science—a question posed previ­ously but only tentatively explored. Taken together, the essayists reveal significant new insights into the roles of language, imagination, intuition, em­pathy, modes of perception, and indiv­idualism in scientific creativity (...) and pro­vide important new contributions to the history of arts and sciences. (shrink)

_Ethics: Contemporary Readings_ is designed to lead any student into the subject, through carefully selected classic and contemporary articles. The book includes articles by the leading figures in the field and provides an excellent entry to the topic. The book complements Harry Gensler's _Ethics: A Contemporary Introduction_.

Biologists, historians, lawyers, art historians, and literary critics all voice arguments in the critical dialogue about what constitutes evidence in research and scholarship. They examine not only the constitution and "blurring" of disciplinary boundaries, but also the configuration of the fact-evidence distinctions made in different disciplines and historical moments the relative function of such concepts as "self-evidence," "experience," "test," "testimony," and "textuality" in varied academic discourses and the way "rules of evidence" are themselves products of historical developments. The essays and (...) rejoinders are by Terry Castle, Lorraine Daston, Carlo Ginzburg, Ian Hacking, Mark Kelman, R. C. Lewontin, Pierre Vidal-Naquet, Mary Poovey, Donald Preziosi, Simon Schaffer, Joan W. Scott, Eve Kosofsky Sedgwick, and Barbara Herrnstein Smith. The critical responses are by Lauren Berlant, James Chandler, Jean Comaroff, Arnold I. Davidson, Harry D. harootunian, Elizabeth Helsinger, Thomas C. Holt, Francoise Meltzer, Robert J. Richards, Lawrence Rothfield, Joel Snyder, Cass R. Sunstein, and William Wimsatt. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

This book celebrates the work of Patricia Werhane, an iconic figure in business ethics. This festschrift is a collection of articles that build on Werhane’s contributions to business ethics in such areas as Employee Rights, the Legacy of Adam Smith, Moral Imagination, Women in Business, the development of the field of business ethics, and her contributions to such fields as Health Care, Education, Teaching, and Philosophy. All papers are new contributions to the management literature written by well-known business ethicists, such (...) as Norman Bowie, Richard De George, Ronald Duska, Edwin Hartman, Michael Hoffman, Mollie Painter-Morland, Mark Schwartz, Andrew Wicks, and others. The volume is comprised of articles that reflect on Werhane’s work as well as build on it as a way to advance further research. At the end of the festschrift, Pat Werhane provides responses to each chapter. The first chapter of the book also includes the overview of Patricia Werhane’s work and her academic career. The book is written to appeal to management scholars and graduate students interested in the areas of Business Ethics, Modern Capitalism, and Human Rights. Patricia Werhane is one of the most distinguished figures in the field of business ethics. She was a founder of the field, she is one of its leading scholars, and she has had a profound impact on the world of business practice. Among her many accomplishments, Pat is known for her original work on moral imagination, she is an acclaimed authority on employee rights in the workplace, and she is one of the leading scholars on Adam Smith. Having been active in Academia for over 50 years, Werhane is a prolific author of over a hundred articles and book chapters, and the author or editor of twenty-seven books, including Adam Smith and his Legacy for Modern Capitalism, Moral Imagination and Management Decision-Making, and co-authored books Organization Ethics in Health Care, Alleviating Poverty Through Profitable Partnerships, Obstacles to Ethical Decision-Making, Corporate Responsibility: The American Experience, and Research Approaches to Business Ethics and Corporate Responsibility. (shrink)

W v o quine has argued that a thorough pragmatism in which 'no statement is immune to revision' is preferable to an empiricism which depends upon the dogmas of the analytic/synthetic distinction and reductionism. i argue that the processes of the revision of statements upon the basis of recalcitrant experiences and the redistribution of truth-values over statements in the system are just as dogmatically dependent as is the empiricism against which quine vies. in order for the re-evaluation of statements and (...) redistribution of truth-values to take place, there must be some rule, principle (dogma) accepted as analytic and unrevisable within that theory according to which the re-evaluation and redistribution take place. and the reason for such a rule or principle is logical and not pragmatic. in other words, revisability cannot take place if every statement is open to revision. (shrink)

Two dogmas of empiricism, by W. V. Quine.--In defense of a dogma, by H. P. Grice and P. F. Strawson.--The analytic and the synthetic: an untenable dualism, by M. G. White.--Synonymity, by B. Mates.--The meaning of a word, by J. L. Austin.--Meaning and synonymy in natural languages, by R. Carnap.--Analytic-synthetic, by J. Bennett.--On "analytic," by R. M. Martin.--Selected bibliography (p. [188]-196).

This study demonstrates that Dewey did not reject Hegelianism during the 1890s, as scholars maintain, but developed a humanistic/historicist reading that was indebted to an American Hegelian tradition. Scholars have misunderstood the "permanent Hegelian deposit" in Dewey's thought because they have not fully appreciated this American Hegelian tradition and have assumed that his Hegelianism was based primarily on British neo-Hegelianism. ;The study examines the American reception of Hegel in the nineteenth-century by intellectuals as diverse as James Marsh and Frederic (...) Henry Hedge and how it flowered in late nineteenth-century St. Louis. The St. Louis Hegelians read Hegel as a particularly practical and politically liberal philosopher whose social philosophy promoted both social diversity and unity. Led by W. T. Harris, they studied Hegel in German and published their own scholarship, as well as translations of German scholarship, in their Journal of Speculative Philosophy. Their efforts to make "Hegel talk English" and to base the St. Louis public schools on Hegel's philosophy of education won them national, and even, international attention. The St. Louis Hegelians sought to adapt Hegel's thought to their American context by assuaging elitist elements within it; Dewey's intellectual development was profoundly shaped by their appropriation of his philosophy. ;Dewey drew upon Hegel's argument that humans form societies because of their differences, not in spite of them. Hegel's rejection of the self-sufficient, atomistic individual entailed that the individual is dependent upon others for the satisfaction of material needs. Moreover, like Hegel, Dewey rejected the hedonistic basis of the British political tradition by arguing that humans seek recognition from their equals as well as satisfaction of material needs. Dewey believed Hegel's emphasis upon equality and diversity provided a model of society in which there was fertile ground for the individual to conceive and articulate cultural criticism. The study ends by comparing recent Hegel scholarship to Dewey's, demonstrating that American Hegelianism has returned, in important ways, to a Deweyan reading of Hegel. (shrink)

Zen Buddhist Attitudes to War HIRATA Seiko IN ORDER FULLY TO UNDERSTAND the standpoint of Zen on the question of nationalism, one must first consider the ...

In this paper we respond to three objections raised by Joshua Harris to our article, “Against a Postmodern Pentecostal Epistemology,” in which we express misgivings about the conjunction of Pentecostalism with James K. A. Smith’s postmodern, story-based epistemolo- gy. According to Harris, our critique: 1) problematically assumes a correspondence theory of truth, 2) invalidly concludes that “Derrida’s Axiom” conflicts with “Peter’s Axiom,” and 3) fails to consider an alternative account of the universality of Christian truth claims. We (...) argue that Harris’s objections either demonstrate a deficient interpretation of the relevant biblical pas- sages or are not directed at us at all. (shrink)

For many years there has been a debate about the role of the parietal lobe in the generation of behavior. Does it generate movement plans (intention) or choose objects in the environment for further processing? To answer this, we focus on the lateral intraparietal area (LIP), an area that has been shown to play independent roles in target selection for saccades and the generation of visual attention. Based on results from a variety of tasks, we propose that LIP acts as (...) a priority map in which objects are represented by activity proportional to their behavioral priority. We present evidence to show that the priority map combines bottom-up inputs like a rapid visual response with an array of top-down signals like a saccade plan. The spatial location representing the peak of the map is used by the oculomotor system to target saccades and by the visual system to guide visual attention. (shrink)

Compared to standard liberal approaches to public reason and justification, the asymmetric convergence model of public justification allows for the public justification of laws and policies based on a convergence of quite different and even publicly inaccessible reasons. The model is asymmetrical in the sense of identifying a broader range of reasons that may function as decisive defeaters of proposed laws and policies. This paper raises several critical questions about the asymmetric convergence model and its central but ambiguous presumption against (...) coercion. By drawing on the theory of structural coercion, a main conclusion of the paper is that the asymmetric convergence model ultimately encounters the very incompleteness problems that its proponents often associate with more familiar consensus models of public justification. The paper also develops an alternative, Rawlsian-inspired account of public justification that includes elements of both convergence and consensus but not asymmetry. The Rawlsian model enables us to understand how democratic decisions may possess a degree of procedural, but still morally significant, liberal legitimacy under conditions of pluralism even when citizens fail to agree fully about either the premises of or conclusions to their political arguments. (shrink)

It is commonly asserted that “death is not a welfare issue” and this has been reflected in welfare legislation and policy in many countries. However, this creates a conflict for many who consider animal welfare to be an appropriate basis for decision-making in animal ethics but also consider that an animal’s death is ethically significant. To reconcile these viewpoints, this paper attempts to formulate an account of death as a welfare issue. Welfare issues are issues that refer to evaluations concerning (...) an animal’s interests. This includes evaluations that refer only to comparisons between the presence and absence of states, including positive states. This means that an animal’s death may be a welfare issue insofar as it leads to the exclusion of relevant positive states. This allows us to deny that death is necessarily not a welfare issue. (shrink)

This fully revised and extended edition of James Nickel's classic study explains and defends the conception of human rights found in the Universal Declaration of Human Rights and subsequent human rights treaties. Combining philosophical, legal, and political approaches, Nickel addresses questions about what human rights are, what their content should be, and whether and how they can be justified.

The concept of reasonableness is essential to John Rawls’s political liberalism, and especially to its main ideas of public reason and liberal legitimacy. Yet the somewhat ambiguous account of reasonableness in Political Liberalism has led to concerns that the Rawlsian distinction between the reasonable and the unreasonable is arbitrary and ultimately indefensible. This paper attempts to advance a more convincing interpretation of reasonableness. I argue that the reasonable applies first to citizens, who then play an important role in determining which (...) comprehensive doctrines and political conceptions of justice are reasonable. In addition, while Rawls fails to specify explicitly the meaning of the reasonable in his standard of political justification (i.e. the liberal principle of legitimacy based on the criterion of reciprocity), I offer an interpretation of what it means for citizens to present reasonable claims and arguments to one another in public reason. (shrink)

Nevertheless, despite whatever optimism about the future unification of sciences is justified, there are now, as there have been for centuries, difficult problems confronting the materialist. Perhaps the crucial problem concerns the status of sensations, a problem clearly evident as far back as Hobbes who said that sense is "some internal motion in the sentient, generated by some internal motion, of the parts of the object, and propagated through all the media to the innermost part of the organ." Here Hobbes (...) reduces sense to physical motion. But he is also found to say that sense is not motion, but "in all cases, is nothing else but original fancy," or, he says elsewhere, "phantasms" caused by internal motions. He is then directly faced with the problem of reconciling appearances and sensations with his avowed materialism. Neither Hobbes nor any one else has solved this problem, although there have recently been some novel and instructive attempts to do so. (shrink)

This paper is a response to an article in Philosophia Christi by W. Paul Franks and Richard B. Davis entitled “Against a Postmodern Epistemology.” In this article, the authors offer a critique of James K. A. Smith. I respond to three of their particular criticisms in the following manner: by explaining the motivations behind rejecting a modern “correspondence theory of truth”; revealing what I take to be an invalid inference on the topic of scripture and interpretation; and offering an (...) alternative account of the “universality” of the gospel. (shrink)

A recent essay by Jürgen Habermas revisits political liberalism and takes up the question of the extent to which democratic citizens and officials should rely on their religious convictions in publicly deliberating about and deciding political issues. With his institutional translation proviso, a proposed alternative to Rawls' idea of public reason, Habermas hopes to dodge familiar (and often overstated) criticisms that liberal requirements of citizenship are unfair or disproportionately burdensome to religious believers. I argue that, due in part to its (...) sharp contrast between the obligations attributed to political officials and those attributed to ordinary citizens, Habermas' position is beset by additional, quite considerable difficulties. I conclude that Habermas' account of religion in the public sphere does not present a genuine alternative to the leading liberal theory of citizenship and public reasoning. (shrink)

One thing that would profit both the frustrated readers of Sellars and Sellars himself would be a careful attempt to explicate and evaluate critically the many interrelated theses stated and defended by Sellars. But, so far as I know, there has been little work of this kind done. I know only of two fine reviews by Keith Lehrer and Gilbert Harman, and a very helpful expository article by Richard Bernstein that deal directly and in some detail with Sellars' work. This (...) is not to mention, however, the many philosophers, including myself, who have been influenced by his work. What I believe would be most helpful at this point would be a critique of some central thesis in Sellars' work, that is, an attempt to raise objections to this thesis and to refute the replies that can be anticipated, based upon other of Sellars' claims. This is what I shall try to do in this paper. My hope is that it will further the understanding of his complex philosophy, and help carry forward discussion of the philosophical issues involved. (shrink)

The Farm Animal Welfare Council’s concept of a Good Life gives an idea of an animal’s quality of life that is over and above that of a mere life worth living. The concept needs explanation and clarification, in order to be meaningful, particularly for consumers who purchase farm animal produce. The concept could allow assurance schemes to apply the label to assessments of both the potential of each method of production, conceptualised in ways expected to enhance consumers’ engagement such as (...) ‘naturalness’ and ‘freedom’; and the concept of a life worth living as a safeguard threshold below which no animal’s actual welfare should fall, based on each animal’s overall affective states. This may provide a framework for development of the Good Life concept, within scientific and sociological fields, in order to allow reliable and influential use by assessors, consumers and retailers. (shrink)

Some public reason liberals identify coercive law as the subject matter of public justification, while others claim that the justification of coercion plays no role in motivating public justification requirements. Both of these views are mistaken. I argue that the subject matter of public justification is not coercion or coercive law but political decision-making about the basic institutional structure. At the same time, part of what makes a public justification principle necessary in the first place is the inherent coerciveness of (...) a legally organized basic institutional structure. While most public reason liberals seem to presuppose that the meaning of “coercion” is sufficiently obvious so as not to warrant further analysis, my defense of the essay’s main thesis explicitly draws on an account of coercion as a powerful agent’s employment of enforceable constraints to determine the will of another agent. (shrink)

Animals are usually considered to lack the status of autonomous agents. Nevertheless, they do appear to make ostensible choices. This article considers whether, and how, I should respect animals' choices. I propose a concept of volitionality which can be respected if, and insofar as, doing so is in the best interests of the animal. Applying that concept, I will argue that an animals' choices be respected when the relevant human decision maker's capacities to decide are potentially challenged or compromised. For (...) example, it will be best to respect the animals' choice when the human decision maker: lacks accurate knowledge of the animal's subjective experiences; does not know what will lead to desirable experiences or allow for the avoidance of undesirable ones; is biased; is less aware of the animal's specific situation; cannot appreciate all elements comprehensively, including considering any value to the animal being allowed to make and implement a choice, such as where a lack of control or liberty would be unpleasant or where an animal would usefully learn from the process of choice-making; and when the animal's choice is achievable. This additionally suggests that we may often beneficially choose to set up situations that empower animals to make better choices. (shrink)

Designed for use by philosophy students, this book provides an accessible, yet technically sound treatment of modal logic and its philosophical applications. Every effort has been made to simplify the presentation by using diagrams in place of more complex mathematical apparatus. These and other innovations provide philosophers with easy access to a rich variety of topics in modal logic, including a full coverage of quantified modal logic, non-rigid designators, definite descriptions, and the de-re de-dictio distinction. Discussion of philosophical issues concerning (...) the development of modal logic is woven into the text. The book uses natural deduction systems and also includes a diagram technique that extends the method of truth trees to modal logic. This feature provides a foundation for a novel method for showing completeness, one that is easy to extend to systems that include quantifiers. (shrink)

Designed for use by philosophy students, this 2006 book provides an accessible, yet technically sound treatment of modal logic and its philosophical applications. Every effort has been made to simplify the presentation by using diagrams in place of more complex mathematical apparatus. These and other innovations provide philosophers with easy access to a rich variety of topics in modal logic, including a full coverage of quantified modal logic, non-rigid designators, definite descriptions, and the de-re de-dictio distinction. Discussion of philosophical issues (...) concerning the development of modal logic is woven into the text. The book uses natural deduction systems and also includes a diagram technique that extends the method of truth trees to modal logic. This feature provides a foundation for a novel method for showing completeness, one that is easy to extend to systems that include quantifiers. (shrink)

What do the rules of logic say about the meanings of the symbols they govern? In this book, James W. Garson examines the inferential behaviour of logical connectives, whose behaviour is defined by strict rules, and proves definitive results concerning exactly what those rules express about connective truth conditions. He explores the ways in which, depending on circumstances, a system of rules may provide no interpretation of a connective at all, or the interpretation we ordinarily expect for it, or (...) an unfamiliar or novel interpretation. He also shows how the novel interpretations thus generated may be used to help analyse philosophical problems such as vagueness and the open future. His book will be valuable for graduates and specialists in logic, philosophy of logic, and philosophy of language. (shrink)