“Public health legal preparedness” is a term born in the ferment, beginning in the late 1990s, that has led to unprecedented recognition of the essential role law plays in public health and, even more recently, in protecting the public from terrorism and other potentially catastrophic health threats.The initial articulation of public health has not kept pace with rapid evolution in the concept and in practical development of public health preparedness itself. This poses the risk that legal preparedness may fall behind (...) construction of general readiness in the public health system—and may, in fact, undercut achievement of comprehensive public health preparedness for massive threats to health in both the United States and world-wide. Inadvertent results might include both negative health impacts and infringement on individual rights. (shrink)

“Public health legal preparedness” is a term born in the ferment, beginning in the late 1990s, that has led to unprecedented recognition of the essential role law plays in public health and, even more recently, in protecting the public from terrorism and other potentially catastrophic health threats.The initial articulation of public health has not kept pace with rapid evolution in the concept and in practical development of public health preparedness itself. This poses the risk that legal preparedness may fall behind (...) construction of general readiness in the public health system—and may, in fact, undercut achievement of comprehensive public health preparedness for massive threats to health in both the United States and world-wide. Inadvertent results might include both negative health impacts and infringement on individual rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Anime: From Akira to Princess Mononoke: Experiencing Contemporary Japanese AnimationJoseph MurphyAnime: From Akira to Princess Mononoke: Experiencing Contemporary Japanese Animation. By Susan Napier. New York: St. Martin's Press, 2001. Pp. vii + 320.Certain progressions can be marked from Antonia Levi's Samurai from Outer Space in 1996 to Susan Napier's Anime: From Akira to Princess Mononoke: Experiencing Contemporary Japanese Animation in 2001. While both survey the phenomenon of Japanese (...) animation as consumed in North America, the palpable underdog subcultural context and sense of mission in Levi's earlier work has given way to a confident mainstream appreciation in Napier's, with the term "Japanese animation" replaced in English by the naturalized anime (a-ni-mé, pl. anime). In a fast-moving media phenomenon both were dated as soon as they were published; however, bolstered by the worldwide critical and financial success of Miyazaki Hayao's work, and contemporary with the exposure to youth by the rise of 24/7 cartoon networks and the runaway success of the card game-anime nexus, Napier's Anime finds itself still in the right historical moment. Though the book has limitations in terms of both its own systematicity and its treatment of potentially interesting philosophical themes in anime, it is a reliable and sometimes inspired guide to a new phenomenon that forms an increasingly important default in the background your students bring.Napier is concerned not so much with accounting for the visual and perceptual properties of anime as with its narrative qualities: "Japanese animation merits serious consideration as a narrative art form and not simply for its arresting visual style.... Much of this book will be an investigation into the themes, imagery, and ideas of some of the most memorable anime created over the last two decades" (p. 10). The strengths and weaknesses of this book are nicely summed up here. Concentrating on narrative—a formal property of storytelling transposable across media—allows a broad and well-chosen survey of themes, images, and ideas. However, there is some question as to whether this will allow the reader to satisfy the ambition to "understand what makes anime the distinctive art form it is" (p. 10).The book is comprised of twelve chapters in four parts. Part 1 is an introduction that argues for the importance of anime and sketches a quasi-Aristotelian method as the basis for Napier's taxonomy. Parts 2-4 cover major thematic divisions that characterize the particular obsessions, power, and drama of anime, and these are particularly well-chosen to reflect not just the relatively palatable work deemed suitable for TV or subtitled for video distribution in the United States but also the anarchic diversity of the phenomenon as it circulates in Japan. Part 2 is on the essential theme of the changeable body and includes discussion of the monstrous adolescent body, pornographic anime, and the cybernetic body, and will allow you to catch up with classic anime like Akira (1988), Ranma 1/2 (TV version, 1990s), and Ghost in the Shell (theater version, 1996). Part 3 is on fantasy and romance as genres and the unusual [End Page 493] space in anime for female leads, and includes discussion of Miyazaki's pastoral work and the comedy TV series Urusei Yatsura (1980s), Oh My Goddess (1980s), and Video Girl Ai (1990s). Part 4 discusses anime that have sought to make a self-conscious contribution to historical debate, including Barefoot Gen (1983) and Grave of the Fireflies (1988), on the bombing of Japanese cities in World War II, and Miyazaki's Princess Mononoke (1997), which presents a multicultural picture of Japan's past produced in consultation with Japan's leading ethnologists. Discussions are balanced and entertaining, introducing the major auteurs of the last twenty years (Oshii Mamoru, Otomo Katsuhiro, Takahashi Rumiko, etc.) and creating the sharp impression that the genre of anime is not the same as the American concept of "cartoons."Though the anime phenomenon raises interesting sociocultural and critical questions about narrative and image culture, it is not immediately certain that there is a philosophical issue to anime. One might seek this philosophical content within the medium itself or in a systematic quality... (shrink)

Often the only treatment available for patients suffering from diseased and injured organs is whole organ transplant. However, there is a severe shortage of donor organs for transplantation. The goal of organ engineering is to construct biological substitutes that will restore and maintain normal function in diseased and injured tissues. Recent progress in stem cell biology, biomaterials, and processes such as organ decellularization and electrospinning has resulted in the generation of bioengineered blood vessels, heart valves, livers, kidneys, bladders, and airways. (...) Future advances that may have a significant impact for the field include safe methods to reprogram a patient's own cells to directly differentiate into functional replacement cell types. The subsequent combination of these cells with natural, synthetic and/or decellularized organ materials to generate functional tissue substitutes is a real possibility. This essay reviews the current progress, developments, and challenges facing researchers in their goal to create replacement tissues and organs for patients. (shrink)

Popper’s three world doctrine, it has been argued by Peyerahend and Krige, is a rejection of the type of critical dualism of facts and norms articulated in The Open Society. Peyerabend argues further that world 3 acts as a methodological prison designed to restrict the free decision of the individual theoretical scientist. It is my position that Popper's concept of world 3 is not a rejection of critical dualism but rather an attempt to allow for the existence of free normative (...) decisions within the context of a binding tradition. The key to understanding this move is the notion of an objective norm. Specifically I argue that Popper's pluralistic epistemology is based on a traditional many-levelled semantics developed originally to combat psychologism and used now to place the issue of the choice of methodological norms within the framework of a theory of tradition. (shrink)

This paper responds to a recent claim by Shrader-Frechette that current particle physics, with its essentially atomist paradigm, is in a state of Kuhnian crisis. We respond to Shrader-Frechette's claim in two ways: first, we argue directly against much of the evidence used by Shrader-Frechette as indicators of Kuhnian crisis; second, we question Shrader-Frechette's application of Kuhnian categories to current research in general, pointing out the dangers inherent in such an analysis.

We are living in an algorithmic age where mathematics and computer science are coming together in powerful new ways to influence, shape and guide our behaviour and the governance of our societies. As these algorithmic governance structures proliferate, it is vital that we ensure their effectiveness and legitimacy. That is, we need to ensure that they are an effective means for achieving a legitimate policy goal that are also procedurally fair, open and unbiased. But how can we ensure that algorithmic (...) governance structures are both? This article shares the results of a collective intelligence workshop that addressed exactly this question. The workshop brought together a multidisciplinary group of scholars to consider barriers to legitimate and effective algorithmic governance and the research methods needed to address the nature and impact of specific barriers. An interactive management workshop technique was used to harness the collective intelligence of this multidisciplinary group. This method enabled participants to produce a framework and research agenda for those who are concerned about algorithmic governance. We outline this research agenda below, providing a detailed map of key research themes, questions and methods that our workshop felt ought to be pursued. This builds upon existing work on research agendas for critical algorithm studies in a unique way through the method of collective intelligence. (shrink)

Our goal is to develop an English version of the Dream Property Scale (DPS-E) based on the original normed scale in Japan (DPS-J). Factor analyses extracted four factors (Emotionality, Rationality, Activity, and Impression) and its factor structure was apparently similar to the DPS-J. The DPS-E was also shown to be related to EEG power spectral values. These results indicate that the DPS-E may provide an exploratory basis for a reliable and valid tool for capturing and quantifying the properties of dream (...) experiences that could reflect physiological activities without the intervention of experimenters. We suggest that the DPS-E will develop into a useful tool to help clarify dream production mechanisms by further investigation. (shrink)

Geocentrism and late-modernity are closely related. Geographical thought connects in often overlooked ways with other contemporary ideas that play important roles in politics, economics and society. Thus the exploitation of geographical ideas to serve political purposes has been a fixture of international relations from manifest destiny to National Socialism, the Cold War to globalization. David T. Murphy compellingly captures the historical moment (Weimar Germany) in which natural law and territoriality were first dealt with as geopolitics, becoming a significant tool (...) for understanding modern social and political life. Geopolitics made it possible to sidestep the divisive specifics of political organization and…. (shrink)

Ownership is a relation with characteristics that force society to function more effectively and that make property a target of much hostility. Among the intellectual enemies of property, Locke is arguably the most influential. His “enough and as good left for others” condition, that he believed to be easily satisfied, was a failed attempt morally to justify property. Instead, it succeeded in undermining its legitimacy. Hume identified the existence of a convention,—in today's language, a Nash-equilibrium—which, being wholly voluntary and ageless, (...) has attractive moral qualities besides ensuring the “stability of possession”. A recent attack against the “myth of property” by Murphy and Nagel is guided by an erroneous understanding of the nature of conventions. (shrink)

Murphy tells us that he has published this collection of papers “with some personal reluctance;” and he has done so “mainly because many friends and colleagues have suggested that at least some of them deserve the wider circulation that only a book makes possible.” They “show [his] thinking in a period of transition”.

Ownership is a relation with characteristics that force society to function more effectively and that make property a target of much hostility. Among the intellectual enemies of property, Locke is arguably the most influential. His “enough and as good left for others” condition, that he believed to be easily satisfied, was a failed attempt morally to justify property. Instead, it succeeded in undermining its legitimacy. Hume identified the existence of a convention,—in today's language, a Nash-equilibrium—which, being wholly voluntary and ageless, (...) has attractive moral qualities besides ensuring the “stability of possession”. A recent attack against the “myth of property” by Murphy and Nagel is guided by an erroneous understanding of the nature of conventions. Footnotes1 A three-part essay of the author, under the same title, treating the subject somewhat differently, has been published in August-September 2003 online in the ‘Library of Economics and Liberty’ of Liberty Fund. (shrink)

Ownership is a relation with characteristics that force society to function more effectively and that make property a target of much hostility. Among the intellectual enemies of property, Locke is arguably the most influential. His “enough and as good left for others” condition, that he believed to be easily satisfied, was a failed attempt morally to justify property. Instead, it succeeded in undermining its legitimacy. Hume identified the existence of a convention,—in today's language, a Nash-equilibrium—which, being wholly voluntary and ageless, (...) has attractive moral qualities besides ensuring the “stability of possession”. A recent attack against the “myth of property” by Murphy and Nagel is guided by an erroneous understanding of the nature of conventions. (shrink)

_ Source: _Volume 5, Issue 1, pp 55 - 60 Peter Murphy has argued that effective skeptical scenarios all have the following feature: the subject involved in the scenario does not know that some ordinary proposition is true, even if the proposition is true in the scenario. So the standard “false belief” conception of skeptical scenarios is wrong, since the belief of the targeted proposition need not be mistaken in the scenario. Murphy then argues that this observation engenders (...) a problem for skeptical arguments: they require the KK principle. We respond to this criticism on behalf of the skeptic in our paper. (shrink)

In an earlier paper, I presented a novel objection to closure-based skeptical arguments. There I argued that the best account of what makes skeptical scenarios effective cripples the closure-based skeptical arguments that use those scenarios. On behalf of the skeptic, Christopher Buford and Anthony Brueckner have replied to my objection. Here I review my original argument, criticize their replies, and highlight two important issues for further investigation.

Is there a limit to the legitimate demands of morality? In particular, is there a limit to people's responsibility to promote the well-being of others, either directly or via social institutions? Utilitarianism admits no such limit, and is for that reason often said to be an unacceptably demanding moral and political view. In this original new study, Murphy argues that the charge of excessive demands amounts to little more than an affirmation of the status quo. The real problem with (...) utilitarianism is that it makes unfair demands on people who comply with it in our world of nonideal compliance. Murphy shows that this unfairness does not arise on a collective understanding of our responsibility for others' well being. Thus, according to Murphy, while there is no general problem to be raised about the extent of moral demands, there is a pressing need to acknowledge the collective nature of the demands of beneficence. (shrink)

This chapter corrects for Susan Sontag's undeserved neglect by contemporary ethical philosophers by bringing awareness to some of the unique metaethical insights born of her reflections on photographic representations of evil. I argue that Sontag's thought provides fertile ground for thinking about: (1) moral perception and its relation to moral knowledge; and (2) the epistemic and moral value of our emotional responses to the misery and suffering of others. I show that, contrary to standard moral perception theory (e.g. Blum 1994), (...) Sontag holds that we can have general moral perceptual knowledge. I then explore Sontag's idea that certain emotional responses, like sympathy and compassion, can sometimes be impertinent, in virtue of their having false or illusory content. I explain why this is so, and show the epistemic and motivational problems it poses for moral sentimentalism. (shrink)

When first published twenty years ago, The Logic of Medicine presented a new way of thinking about clinical medicine as a scholarly discipline as well as a profession. Since then, advances in research and technology have revolutionized both the practice and theory of medicine. In this new, extensively rewritten edition, Dr. Murphy includes changes to show how these different areas of scholarship may affect details of "the logic of medicine" without compromising its fundamental coherence. New to this edition are (...) discussions of the challenge of the flood of new empirical data, new ideas in genetics, molecular biology, homeostasis, pathogenesis, cancer, aging, and Alzheimer's disease. Murphy also comments on such new theoretical topics as dynamic systems, chaos, and fractals and their impact on the burgeoning fields of philosophy and practice of medicine. Written with medical students in mind, the book includes a glossary, many new examples, and problems for solutions with comments on each. An entirely new chapter deals with modeling. Clinicians and researchers will also find the principles thought-provoking and illuminating. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Anthony J. Palmer, “Music Education for the Twenty-First Century: A Philosophical View of the General Education Core”Ana Lcuía FregaI would like to discuss three themes related to Tony Palmer's paper: (1) my agreement with the content of his paper in general, (2) some remarks on elements of what he deals with, including notions about the concept or a vision of what music education should be in (...) the USA and in the rest of the world and an approach to training music teachers at university level in the USA and in the rest of the world, and (3) my personal conclusions.Music is a particular medium of expression, irreplaceable, not interchangeable with any other. It is also a natural medium of human communication. We do not think or propose that schools should create musicians, but that they should aid in the improvement of all humankind.1This quotation of mine allows me to introduce my general agreement with the main content of the first part of Palmer's paper. Neither of us argues against the importance of teaching music within the general system of education. We both promote this and work to make this a fact in our different parts of the world.We both view the tasks known as "music education" as a part of the teaching of the humanities as a way to maintain a certain level of civilization and of a culture; that is, to keep alive the rich tradition in each culture, to develop skills, to listen to, perform, and create music, and to become acquainted with the wealth of masterpieces.Also, as I have said,"I can only give what I have," and "a teacher does not teach what he/she knows but what he/she is."2 I agree with Palmer on the relevance and importance of the task of music educators. There should be a correlation between the school's mission and the quality of the training for prospective teachers for them. This is consistent with Palmer's thinking about the university task when training future music teachers.George Steiner articulated some of the difficulties, limitations, and new possibilities brought into university classrooms by the technology of the global village when he wrote:[Those artifacts] determine a new way to organize human knowledge and to connect contemporary research with previous books. All taxonomies are essentially [End Page 194] philosophical, any library... represents a formalized vision of how the world is structured, and what are the optimum views about both the human mind and the phenomenological whole.3He also adds, "We will not be able to avoid the illusion-and so it is when talking about Humanities-that knowledge is cumulative, that there is an improvement and an unavoidable teleology needed when expressing sentiments and ideas."4By introducing Steiner's ideas, I am opening a line of critical thinking about a kind of "universalization" of both Palmer's concept of whatmusiceducationmeans as well as whether and then how there should be a world-wide dissemination of the training model that he describes for music teachers. I have doubts about the underlying assumptions of these notions and their feasibility.The examples Palmer gives of listening would require an inordinate amount of time and effort. Although this may be a valuable expenditure of resources in some parts of the world, in other parts the focus would be better directed elsewhere. In some places many people do not complete their basic education, do not have access to good nutrition, and have not acquired basic language and communication skills. The big question is, "What should we really teach them?"My point here is that if Michael Murphy's model is indeed an inspiring framework, it may be useful for people belonging to a part of the so-called First World only. Palmer's work should be understood with that consideration in mind. Africa, Latin America, and the Arab world are certainly not looking for these kinds of skills from the music taught at the general level if there happens to be any music taught at all in schools.Multiculturalism is another significant issue in Palmer's paper. I understand the... (shrink)

The ideal introduction for students of semantics, Lexical Meaning fills the gap left by more general semantics textbooks, providing the teacher and the student with insights into word meaning beyond the traditional overviews of lexical relations. The book explores the relationship between word meanings and syntax and semantics more generally. It provides a balanced overview of the main theoretical approaches, along with a lucid explanation of their relative strengths and weaknesses. After covering the main topics in lexical meaning, such as (...) polysemy and sense relations, the textbook surveys the types of meanings represented by different word classes. It explains abstract concepts in clear language, using a wide range of examples, and includes linguistic puzzles in each chapter to encourage the student to practise using the concepts. 'Adopt-a-Word' exercises give students the chance to research a particular word, building a portfolio of specialist work on a single word. (shrink)

This book explores how some word meanings are paradigmatically related to each other, for example, as opposites or synonyms, and how they relate to the mental organization of our vocabularies. Traditional approaches claim that such relationships are part of our lexical knowledge (our "dictionary" of mentally stored words) but Lynne Murphy argues that lexical relationships actually constitute our "metalinguistic" knowledge. The book draws on a century of previous research, including word association experiments, child language, and the use of synonyms (...) and antonyms in text. (shrink)

Bare plural generic sentences pervade ordinary talk. And yet it is extremely controversial what semantics to assign to such sentences. In this paper, I achieve two tasks. First, I develop a novel classification of the various standard uses to which bare plurals may be put. This “variety data” is important—it gives rise to much of the difficulty in systematically theorizing about bare plurals. Second, I develop a novel account of bare plurals, the radical account. On this account, all bare plurals (...) fail to express propositions. The content of a bare plural has to be pragmatically “completed” by a speaker in order for her to make an assertion. At least the content of a quantifier expression has to be supplied. But sometimes, the content of a sentential operator or modal verb is also supplied. The radical account straightforwardly explains the variety data: Speakers’ communicative intentions vary wildly across different contexts. (shrink)

This powerful critique of Marx's historical materialism - as a theory of power, as an account of history, and as a political theory -has been revised to take note of the profound intellectual and political changes that have occurred since the first edition was published. Reviews from the first edition 'Giddens draws upon a formidable knowledge of anthropology, archaeology, geography, and philosophy to demonstrate the limitations of Marxism and to formulate his own interpretation of the history of societies ... He (...) does a masterful job of setting his theory within a historical and critical framework of writings on Marx. His clarity of thought and his deft and often humorous handling of the unavoidable jargon of sociology and Marxist political theory makes this book a critical work of the highest quality.' Journal of International Law and Politics 'By contrast with many practictioners in the rather murky area of social theory, Giddens clearly seeks to make himself understood, and he has the useful quality of provoking one to argument. He has let light into some dark places.' The Times Higher Education Supplement 'Although Marx, Durkheim, and Weber continue to fill more index space than any other authors, Critique is Giddens's most explicit and committed statement of his own conceptualization of social theory ... It is his most original and therefore most vulnerable book, at once a cause for celebration and an invitation to critical reappraisal of the author's entire theoretical project.' Environment and Planning. (shrink)

Emotional hardcore and other music genres featuring screamed vocals are puzzling for the appreciator. The typical fan attaches appreciative value to musical screams of emotional pain all the while acknowledging it would be inappropriate to hold similar attitudes towards their sonically similar everyday counterpart: actual human screaming. Call this the screamed vocals problem. To solve the problem, I argue we must attend to the anti-sublimating aims that get expressed in the emotional hardcore vocalist’s choice to scream the lyrics. Screamed vocals (...) help us see the value in rejecting (a) restrictive social norms of emotional expressiveness and (b) restrictive artistic norms about how one ought to express or represent pain in art, namely that if one is going to do so they must ensure the pain has been ‘beautified’. In developing this second point I argue that emotional hardcore is well-suited (though not individually so) for putting pressure on longstanding views in the history of aesthetics about the formal relationship between art and human pain. (shrink)

First published in 1973, Sir Anthony Kenny’s classic introduction to Wittgenstein was widely praised for offering a lucid and historically informed account of the philosopher’s core concerns. Kenny's study is also remarkable for demonstrating the continuity between Wittgenstein’s early and late writings. Focusing on Wittgenstein’s philosophy of mind and language, Kenny closely examines the works of the middle years. He exposes apparent conflicts and then goes on to reconcile them, providing a persuasive argument for the unity of Wittgenstein’s thought. (...) This revised edition includes an extensive new introduction in which Kenny outlines developments in Wittgenstein scholarship since the book was first published and assesses Wittgenstein’s influence in the latter part of the twentieth century. (shrink)

I introduce a new version of Moral Error Theory, which I call Type-B Moral Error Theory. According to a Type-B theorist there are no facts of the kind required for there to be morality in stricto sensu, but there can be irreducible ‘normative’ properties which she deems, strictly speaking, to be morally irrelevant. She accepts that there are instrumental all things considered oughts, and categorical pro tanto oughts, but denies that there are categorical all things considered oughts on pain of (...) requiring ‘queer’ facts to obtain. I detail the most central motivation of this version of the theory against its more traditional rival, according to which there are no irreducible normative properties at all. The motivation is that it, unlike its rival, can successfully be defended against the notorious charge of self-defeat. (shrink)

Sir Anthony Kenny's engaging new multi-volume history of Western philosophy now advances into the modern era. The Rise of Modern Philosophy captures the fascinating story of the emergence, from the early sixteenth to the early nineteenth century, of the great ideas and intellectual systems that shaped modern thought. Kenny introduces us to some of the world's most original and influential thinkers and helps us gain an understanding of their famous works. The great minds we meet include Rene Descartes, traditionally (...) seen as the founder of modern philosophy; the great British philosophers Hobbes, Locke, and Hume; continental thinkers such as Spinoza, Liebniz, and Hegel; and the towering figure of Immanuel Kant, who perhaps more than any other made philosophy what it is today. Kenny first tells the story of modern philosophy chronologically: his lively, accessible narrative brings the philosophers to life and fills in the historical and intellectual background to their work. It is ideal as the first thing to read for someone new to this wonderfully creative period. Kenny then backtracks to look closely at each of the main areas of philosophical exploration in this period: knowledge and understanding; the nature of the physical universe; metaphysics (the most fundamental questions there are about existence); mind and soul; the nature and content of morality; political philosophy; and God. The book also features many intriguing and beautiful illustrations which evoke the human and social side of philosophy. Anyone who is interested in the evolution of modern thought will find this a book a treasure. (shrink)

While philosophers of mind have been arguing over the status of mental representations in cognitive science, cognitive scientists have been quietly engaged in studying perception, action, and cognition without explaining them in terms of mental representation. In this book, Anthony Chemero describes this nonrepresentational approach, puts it in historical and conceptual context, and applies it to traditional problems in the philosophy of mind. Radical embodied cognitive science is a direct descendant of the American naturalist psychology of William James and (...) John Dewey, and follows them in viewing perception and cognition to be understandable only in terms of action in the environment. Chemero argues that cognition should be described in terms of agent-environment dynamics rather than in terms of computation and representation. After outlining this orientation to cognition, Chemero proposes a methodology: dynamical systems theory, which would explain things dynamically and without reference to representation. He also advances a background theory: Gibsonian ecological psychology, "shored up" and clarified. Chemero then looks at some traditional philosophical problems through the lens of radical embodied cognitive science and concludes that the comparative ease with which it resolves these problems, combined with its empirical promise, makes this approach to cognitive science a rewarding one. "Jerry Fodor is my favorite philosopher," Chemero writes in his preface, adding, "I think that Jerry Fodor is wrong about nearly everything." With this book, Chemero explains nonrepresentational, dynamical, ecological cognitive science as clearly and as rigorously as Jerry Fodor explained computational cognitive science in his classic work The Language of Thought. (shrink)

Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by (...) an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society? The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts. (shrink)

What is the relationship between contemporary intellectual culture and the European Enlightenment it claims to reject? In Consequences of Enlightenment, Anthony Cascardi revisits the arguments advanced in Horkheimer and Adorno's seminal work Dialectic of Enlightenment. Cascardi argues against the view that postmodern culture has rejected Enlightenment beliefs and explores instead the continuities contemporary theory shares with Kant's failed ambition to bring the project of Enlightenment to completion. He explores the link between aesthetics and politics in thinkers as diverse as (...) Habermas, Derrida, Arendt, Nietzsche, Hegel, and Wittgenstein in order to reverse the tendency to see works of art simply in terms of the worldly practices among which they are situated. (shrink)

Shaftesbury's Characteristics of Men, Manners, Opinions, Times was published in 1711. It ranges widely over ethics, aesthetics, religion, the arts (painting, literature, architecture, gardening), and ancient and modern history, and aims at nothing less than a new ideal of the gentleman. Together with Locke's Essay Concerning Human Understanding and Addison and Steele's Spectator, it is a text of fundamental importance for understanding the thought and culture of Enlightenment Europe. This volume presents a new edition of the text together with an (...) introduction, explanatory notes and a guide to further reading. (shrink)

Buying and selling are the most natural activities common to human beings. In a society where profit overrides personal dignity and human rights, many people see market as a virtue-free zone. They do not believe that one can buy and sell without dishonest gains. Consequently, they are ready to do anything in the name of business: manufacturing and selling fake and substandard goods and services for originals. Today, markets are flooded with fake medical drugs, fake foods, fake drinks/water, fake motor (...) parts and fake building materials. Thus market exhibits exploitative and negative impacts on customer satisfaction. Its impact on human life and property leads to increased deaths because of poisoning, building collapses and even increased road accidents. Such market transaction lacks mutual benefit which is its telos. This paper seeks to establish that market is not a virtue-free zone. It has moral standards of excellence internal to it. (shrink)

The category of jus post bellum is a welcome addition to discussions of the justice of war. But, despite its handy Latin label, we will argue that it cannot be properly understood merely as a set of corollaries from jus ad bellum and jus in bello. Instead, an acceptable theory of justice in the postwar period will have to draw on a broader set of normative ideas than those that have been the focus of the just war tradition. In this (...) paper, we will argue that norms of political reconciliation provide some of the resources we need to address postwar justice. (shrink)

The first IVF baby was born in the 1970s. Less than 20 years later, we had cloning and GM food, and information and communication technologies had transformed everyday life. In 2000, the human genome was sequenced. More recently, there has been much discussion of the economic and social benefits of nanotechnology, and synthetic biology has also been generating controversy. This important volume is a timely contribution to increasing calls for regulation - or better regulation - of these and other new (...) technologies. Drawing on an international team of legal scholars, it reviews and develops the role of human rights in the regulation of new technologies. Three controversies at the intersection between human rights and new technology are given particular attention. First, how the expansive application of human rights could contribute to the creation of a brave new world of choice, where human dignity is fundamentally compromised; second, how new technologies, and our regulatory responses to them, could be a threat to human rights; and, third, how human rights could be used to create better regulation of these technologies. (shrink)

This concise, authoritative encyclopedia from one of the world's most renowned theologians explores all the major themes in the philosophy of religion.