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)

How reasonable and rational can science be when its practitioners speak of "revolutions" in their thinking and extol certain theories for their "beauty"? James W. McAllister addresses this question with the first systematic study of the aesthetic evaluations that scientists pass on their theories. P. A. M. Dirac explained why he embraced relativity by saying, "It is the essential beauty of the theory which I feel is the real reason for believing in it." Dirac's claim seems to belie rationalist (...) accounts of science. Using this and a wealth of other historical examples, McAllister explains how scientists' aesthetic preferences are influenced by the empirical track record of theories, describes the origin and development of aesthetic styles of theorizing, and reconsiders whether simplicity is an empirical or an aesthetic virtue of theories. McAllister then advances an innovative model of scientific revolutions, in opposition to that of Thomas S. Kuhn. Three detailed studies demonstrate the interconnection of empirical performance, beauty, and revolution. One examines the impact of new construction materials on the history of architecture. Another reexamines the transition from the Ptolemaic system to Kepler's theory in planetary astronomy, and the third documents the rise of relativity and quantum theory in the twentieth century. (shrink)

This chapter contains section titled: Intervention and Human Rights.

In this companion volume to The Universe Next Door, James W. Sire offers his refined definition of a worldview and addresses key questions about the history of worldview thinking, the existential and intellectual formation of worldviews, the public and private dimensions of worldviews and how worldview thinking can help us navigate an increasingly pluralistic universe.

This book is a manuscript that was virtually complete when James W. Cornman died. Most of the chapters were in final form, and all but the last had been revised by the author. The last chapter was in handwritten form, and the concluding remarks were not finished. Swain took charge of the proofreading and John L. Thomas compiled the indices with the assistance of Lehrer. It is our opinion that this manuscript, like the other books Cornman published, is one (...) of exceptional scholarly and philo sophical importance. As do all of his philosophical publications, this work reflects Cornman's great love for philosophy and his commitment to the search for truth. Every serious student and author of epistemology will benefit from and admire the thorough scholarship and rigorous argumentation they will find herein. It has been our privilege to partici pate in the preparation of the manuscript for the philosophical public. KEITH LEHRER MARSHALL SWAIN IX INTRODUCTION INTRODUCTION TO EPISTEMOLOGICAL SKEPTICISM Many philosophers try to refute skepticism, but few try to give a precise characterization of the thesis they attack. My first aim, consequently, is to characterize skepticism, or, more precisely, several species of skepticism. Then I shall choose those species I wish to consider and justify my choice. To begin, let me distinguish what I shall call "epistemological skepticism" from the thesis I shall call "ontological nihilism" and from what is believed by someone whom I shall call an "ontological skeptic". (shrink)

A brief study on the lies spread by the devil and the truth found in God's Word.

For more than forty years, The Universe Next Door has set the standard for an introduction to worldviews. This sixth edition uses James Sire's widely influential model of eight basic worldview questions to examine prominent worldviews that have shaped the Western world, critiquing each worldview within its own frame of reference and in comparison to others.

The guiding fictions -- Desire and its objects -- Desire without a proper object -- Nothingness and being -- The nothingness of desire and the desire for nothingness -- Defining self through no-self -- Getting over one's self -- The mind of nothingness -- The self with its desires -- No-self with its desire -- No-self and self-transcendence -- God and death -- From God to nothingness -- God and life -- Displacing the personal God -- Towards an impersonal God (...) -- The absolute of relatedness -- The god of nothingness -- The place of morality -- Convivial harmony -- Customs, habits, decisions -- Morality and religion -- The moral subject in love -- The experience of happiness -- Giving and receiving -- The body as property -- Detachment -- Orthoaesthesis -- Consumption -- Sufficiency -- An elusive horizon -- Rewriting the history of philosophy -- Philosophical antiphony -- Cultural disarmament -- Philosophy beyond the divide. (shrink)

Three experts collaborate in this passionate and rewarding dialogue on the legacy of the great American philosopher and educator John Dewey (1859 1952). Focused on growth and the creation of value within the context of real life, Dewey s pragmatic philosophy shares much with humanistic Buddhism. These similarities, which arise throughout the book, add richness to a dialogue already overflowing with faith in our capacity to find common ground and expand human well being in our rapidly globalizing world. For Dewey, (...) individual and social potential alike are unlimited. Readers will come away ready to embrace rather than fear the increasing complexity of our world.". (shrink)

To know Him is to love Him -- God as our personal father -- The unfolding revelation of God -- God's amazing attributes -- The Messiah has come! -- Wonderful Messiah, son of God -- The person of the Holy Spirit -- Holy Spirit, you are welcome here! -- Knowing God by knowing His word -- Knowing the master builder -- God's trustworthy word -- Hungry for his every word -- The uniqueness of God's word -- Getting to know God.

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)

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)

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.

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)

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)

Are humans free, or are we determined by our genes and the world around us? The question of freedom is not only one of philosophy’s greatest conundrums, but also one of the most fundamental questions of human existence. It’s particularly pressing in societies like ours, where our core institutions of law, ethics, and religion are built around the belief in individual freedom. Can one still affirm human freedom in an age of science? And if free will doesn’t exist, does it (...) make sense to act as though it does? These are the issues that are presented, probed, and debated in the following chapters. A dozen experts―specialists in medicine, psychology, ethics, theology, and philosophy—grapple with the multiple and often profound challenges presented by today’s brain science. After examining the arguments against traditional notions of free will, several of the authors champion the idea of a chastened but robust free will for today, one that allows us still to affirm the value of first-person experience. (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)

Bogen and Woodward claim that the function of scientific theories is to account for 'phenomena', which they describe both as investigator-independent constituents of the world and as corresponding to patterns in data sets. I argue that, if phenomena are considered to correspond to patterns in data, it is inadmissible to regard them as investigator-independent entities. Bogen and Woodward's account of phenomena is thus incoherent. I offer an alternative account, according to which phenomena are investigator-relative entities. All the infinitely many patterns (...) that data sets exhibit have equal intrinsic claim to the status of phenomenon: each investigator may stipulate which patterns correspond to phenomena for him or her. My notion of phenomena accords better both with experimental practice and with the historical development of science. (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)

The concept of hegemonic masculinity has influenced gender studies across many academic fields but has also attracted serious criticism. The authors trace the origin of the concept in a convergence of ideas in the early 1980s and map the ways it was applied when research on men and masculinities expanded. Evaluating the principal criticisms, the authors defend the underlying concept of masculinity, which in most research use is neither reified nor essentialist. However, the criticism of trait models of gender and (...) rigid typologies is sound. The treatment of the subject in research on hegemonic masculinity can be improved with the aid of recent psychological models, although limits to discursive flexibility must be recognized. The concept of hegemonic masculinity does not equate to a model of social reproduction; we need to recognize social struggles in which subordinated masculinities influence dominant forms. Finally, the authors review what has been confirmed from early formulations and what needs to be discarded. The authors suggest reformulation of the concept in four areas: a more complex model of gender hierarchy, emphasizing the agency of women; explicit recognition of the geography of masculinities, emphasizing the interplay among local, regional, and global levels; a more specific treatment of embodiment in contexts of privilege and power; and a stronger emphasis on the dynamics of hegemonic masculinity, recognizing internal contradictions and the possibilities of movement toward gender democracy. (shrink)