This leading anthology contains legal cases and essays written by the best scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. This classic text is distinguished by its clarity, readability, balance of topics, balance of substantive positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly-edited or untouched classics. This revision is marked by inclusion of many articles relevant to womens issues and a greater (...) emphasis on concrete legal problems. (shrink)

Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.

Each of the essays included in this volume illuminates an aspect of law, reflecting an unorthodox perception of jurisprudence which combines interests in philosophy, legal theory, criminology, legal history, political and constitutional theory and the history of ideas. This work will broaden the jurisprudential scope of practitioners' professional concerns, but help academics enhance their knowledge of the wealth of information for their own studies.

Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.

In their important book, Causation in the Law, H. L. A. Hart and Tony Honore argue that causation in the law is based on causation outside the law, that the causal principles the courts rely on to determine legal responsibility are based on distinctions exercised in ordinary causal judgments. A distinction that particularly concerns them is one that divides factors that are necessary or sine qua non for an effect into those that count as causes for purposes of legal responsibility (...) and those that do not. Hart and Honore claim that this distinction is often one of fact rather than of legal policy, and that the factual basis is to be found in the ordinary distinction we draw between causes and 'mere conditions'. If this claim is correct, we may hope to illuminate the legal distinction by articulating the principles behind the ordinary one. This is a challenging task since, as in the case of most cognitive skills, we are far better at making particular judgments than we are at stating the general principles that underlie them. Hart and Honore devote the first part of their book to this difficult task. We have, then, two large projects. One is to articulate our ordinary notion of causation, especially the distinction between cause and mere condition. This is the project of constructing an 'ordinary model'. The other is to argue for what we may call the 'shared concept claim', the claim that the concept of legal cause is based on the ordinary notion of causation, that 'causal judgments, though the law may have to systematize them, are not specifically legal. They appeal to a notion which is part of everyday life' (1985, p. lv; all references to follow are from this edition). This essay will focus on Hart and Honore's ordinary model, rather than on their shared concept claim. In my judgment, Hart and Honore's case for some version of the shared concept claim is strong, so they are right to maintain that a better understanding of our ordinary notion of.. (shrink)

Contemporary criminal justice systems are extraordinarily unfair. Focusing on Hyman Gross’s Crimes and Punishment: A Concise Moral Critique, however, I identify ways in which scholarly criticisms of these criminal justice systems tend to miss their target. In particular, I argue against the assumption that in order to criticize these criminal justice systems we need to cast doubt on the very practice of blaming people and on the notion of desert, or that we need to reject wholesale retributive rationales (...) for punishment. Quite the contrary: an important reason why contemporary criminal justice systems are unfair is that they punish many people undeservedly. (shrink)

The Selfseeker presents a coherent organic and dialectical epistemology to underpin the science of the environmental movement. Stressing the subjective as well as the objective, empsychon theory returns to the ancient Greek approach which was forgotten after Plato. At once organic and rigorously scientific, The Selfseeker is essential reading for anyone seriously interested in environmental questions and who cares for the future of planet Earth.

Drawing upon research in philosophical logic, linguistics and cognitive science, this study explores how our ability to use and understand language depends upon our capacity to keep track of complex features of the contexts in which we converse.

Dem Autor geht es in erster Linie darum, einen in Deutschland weitgehend vergessenen Philosophen in den Mittelpunkt des Wissenschaftsdiskurses zu stellen. Der Thuringer Karl Christian Friedrich Krause, Schuler von Fichte und Schelling in Jena, entwickelte eine eigenstandige Philosophie, die sich einerseits der epochalen abendlandischen Geistestradition verpflichtet weiss, zugleich aber auch von der Kantischen Philosophie und ihrem kritischen Geist beeinflusst wurde. Krause ist einerseits Systemphilosoph, der immer wieder die Thematik des Absoluten oder Gottes in den Vordergrund stellt - in dieser Hinsicht (...) ist er spekulativer Idealist. Andererseits muss alle Philosophie beim Ich beginnen, sofern zeigt er sich als Denker des Transzendentalen. Krauses Philosophie ist zweistrahlig aufgebaut: Zum einen will er die endliche Welt aus Gott ableiten, andererseits soll das Ich zur Erkenntnis Gottes aufsteigen. Ausgehend von der Metaphysik wird dieser Aufstieg des Ich zum Absoluten in den verschiedenen Regionalphilosophien, in der Religion, Ethik und Asthetik thematisiert.". (shrink)

On his death in 2007, Richard Rorty was heralded by the New York Times as “one of the world’s most influential contemporary thinkers.” Controversial on the left and the right for his critiques of objectivity and political radicalism, Rorty experienced a renown denied to all but a handful of living philosophers. In this masterly biography, Neil Gross explores the path of Rorty’s thought over the decades in order to trace the intellectual and professional journey that led him to that (...) prominence. The child of a pair of leftist writers who worried that their precocious son “wasn’t rebellious enough,” Rorty enrolled at the University of Chicago at the age of fifteen. There he came under the tutelage of polymath Richard McKeon, whose catholic approach to philosophical systems would profoundly influence Rorty’s own thought. Doctoral work at Yale led to Rorty’s landing a job at Princeton, where his colleagues were primarily analytic philosophers. With a series of publications in the 1960s, Rorty quickly established himself as a strong thinker in that tradition—but by the late 1970s Rorty had eschewed the idea of objective truth altogether, urging philosophers to take a “relaxed attitude” toward the question of logical rigor. Drawing on the pragmatism of John Dewey, he argued that philosophers should instead open themselves up to multiple methods of thought and sources of knowledge—an approach that would culminate in the publication of Philosophy and the Mirror of Nature , one of the most seminal and controversial philosophical works of our time. In clear and compelling fashion, Gross sets that surprising shift in Rorty’s thought in the context of his life and social experiences, revealing the many disparate influences that contribute to the making of knowledge. As much a book about the growth of ideas as it is a biography of a philosopher, Richard Rorty will provide readers with a fresh understanding of both the man and the course of twentieth-century thought. (shrink)

In the past thirty years or so, the doctrine that actions are events has become an essential, and sometimes unargued, part of the received view in the philosophy of action, despite the efforts of a few philosophers to undermine the consensus. For example, the entry for Agency in a recently published reference guide to the philosophy of mind begins with the following sentence: A central task in the philosophy of action is that of spelling out the differences between events in (...) general and those events that fall squarely into the category of human action. There is no consensus about what events are. But it is generally agreed that, whatever events may prove to be, actions are a species or a class of events. We believe that the received view is mistaken: actions are not events. We concede that for most purposes, the kind of categorial refinement which is involved in either affirming or denying that actions are events is frankly otiose. Our common idiom does not stress the difference between actions and events, at least not in general terms, because it has no need to. Perhaps it sounds a little odd to say that some events are performed; but if we balked at describing, say, the abdication of Edward VIII as one of the politically significant events in Britain in 1936, it could not be for metaphysical reasons. And since actions, like events, are datable — though often, as we shall see, only imprecisely — actions are said to take place and to occur. But an important class of actions consist in moving something; indeed, according to many philosophers, every action consists in moving something. And when we consider actions of this sort from a theoretical point of view it becomes imperative to distinguish between actions and events. Or so we shall argue. (shrink)

Discusses reasoning and clear thinking, including such aspects as the nature of facts, language and reasoning, false analogies, and prejudice.

This collection of thirty yoga and mindfulness tools will help support those in recovery from addiction of all kinds. Thirty accessible, pointed teachings offer inspiration, comfort, and solidarity in the moment, helping us cultivate a powerful and purposeful life in recovery, and to create a new design for living. Each chapter focuses on a quality-such as vigilance, acceptance, accountability, among others-and delves into how to manifest it in your recovery journey. Brian Hyman, a yoga teacher and recovery activist, understands (...) deeply what people need to maintain sobriety and strengthen recovery-and knows that those who struggle with addiction also often need support with other mental health challenges, like obsession, anxiety, depression. He uses yogic philosophy, mindfulness teachings, personal anecdotes, and secular wisdom to illuminate each quality and the role it plays in helping us create the life we want. The practices--which include inquiry questions, meditations, awareness exercises, breathing practices, yoga nidra, among others--will quiet the mind in difficult moments, support us as we establish meaningful relationships, and reinforce the power that recovery offers us. Hyman offers resources and additional reading suggestions in the back matter. Based on Hyman's popular online course, this book is essential reading for people of all ages in recovery-along with their family members and friends, and anyone in a health care profession who works with those struggling with addiction of any kind. Hyman includes a list of recovery organizations and a reading list in the back matter. (shrink)

Traite de la conception philosophique de Jacques Maritain qui a développé tout au long de sa carrière un système de pensée proche de celui de Saint Thomas d'Aquin. Cette étude s'inscrit dans la tentative de mettre en lumière les aspects fondamentaux de la quête de l'homme et de son rapport à la beauté d'après le philosophe Maritain.

Zenon Pylyshyn argues that cognitively driven attentional effects do not amount to cognitive penetration of early vision because such effects occur either before or after early vision. Critics object that in fact such effects occur at all levels of perceptual processing. We argue that Pylyshyn’s claim is correct—but not for the reason he emphasizes. Even if his critics are correct that attentional effects are not external to early vision, these effects do not satisfy Pylyshyn’s requirements that the effects be direct (...) and exhibit semantic coherence. In addition, we distinguish our defense from those found in recent work by Raftopoulos and by Firestone and Scholl, argue that attention should not be assimilated to expectation, and discuss alternative characterizations of cognitive penetrability, advocating a kind of pluralism. (shrink)

Nelson Goodman's own solution to his new riddle of induction turns on the degree to which predicates are entrenched in our use of language. However, this solution requires that judgements concerning the degree to which a predicate is entrenched can be made independently of any canon of perceptible similarity. I argue that this requirement cannot be met. The riddle itself depends upon the claim that since ‘green’ can be defined positionally in terms of ‘grue’ and ‘bleen’, ‘grue’ and ‘bleen’ are (...) symmetrically related to ‘green’ and ‘blue’, and positionality is therefore ‘an entirely relative matter’. However, in order to establish that positionality is an entirely relative matter, we would need to provide a non‐positional definition of ‘grue’, rather than a positional definition of ‘green’. We therefore need to decide whether ‘grue’ can be defined ostensively by means of a single sample, as ‘green’ can. I argue that any attempt to provide such a definition is bound to fail, and hence the new riddle of induction does not reveal that ‘the roots of inductive validity are to be found in our use of language’. (shrink)

A novel Kabbalistic synthesis on the nature of consciousness.

Théorie économique élaborée dans les années 1960, l'hypothèse d'instabilité financière postule que le système capitaliste est instable par essence : toute phase d'équilibre apparent ne fait qu'encourager les acteurs du marché à prendre davantage de risques, qui provoquent de nouvelles crises. Décriée à l'époque, cette analyse est aujourd'hui considérée comme l'une des plus à même d'expliquer la crise actuelle. Elle offre une première approche passionnante d’une oeuvre dense, jusqu’à présent méconnue en France.

SCIENCE CHAPTER I THE CHANGING PATTERN § i THE case presented in this book is not likely to survive criticism in every detail. There never was and there ...

John Hyman explores central problems in philosophy of action and the theory of knowledge, and connects these areas of enquiry in a new way. His approach to the dimensions of human action culminates in an original analysis of the relation between knowledge and rational behaviour, which provides the foundation for a new theory of knowledge itself.

Catholic thinkers generally agree that artificial womb technology (AWT) would be permissible in cases of partial ectogenesis to assist severely premature infants, but there is substantially more debate concerning whether AWT could be used to save frozen embryos, which are the result of in vitro fertilization (IVF). In many cases, these embryos have been abandoned and left in a permanently cryogenic state, which is an affront to their human dignity. While AWT would allow people to adopt these embryos and give (...) them an opportunity to develop, it gives rise to serious concerns over the possibility of scandal and the potential for cooperation in evil. Therefore, the author argues that even though AWT may one day represent a solution to this tragedy, it is currently not a morally licit answer, given the widespread use and approval of IVF in our culture. (shrink)

To commemorate 40 years since the founding of the Journal of Business Ethics, the editors in chief of the journal have invited the editors to provide commentaries on the future of business ethics. This essay comprises a selection of commentaries aimed at creating dialogue around the theme The Ethics and Politics of Academic Knowledge Production. Questions of who produces knowledge about what, and how that knowledge is produced, are inherent to editing and publishing academic journals. At the Journal of Business (...) Ethics, we understand the ethical responsibility of academic knowledge production as going far beyond conventions around the integrity of the research content and research processes. We are deeply aware that access to resources, knowledge of the rules of the game, and being able to set those rules, are systematically and unequally distributed. One could ask the question “for whom is knowledge now ethical’”? (See the Burrell commentary.) We have a responsibility to address these inequalities and open up our journal to lesser heard voices, ideas, and ways of being. Our six commentators pursue this through various aspects of the ethics and politics of academic knowledge production. Working with MacIntyre’s scheme of practices and institutions, Andrew West provides commentary on the internal good of business ethics learning and education. Inviting us to step out of the cave, Christopher Michaelson urges a clear-eyed, unblinking focus on the purposes and audiences of business ethics scholarship. As developmental editor, Scott Taylor uncovers some of the politics of peer review with the aim of nurturing of unconventional research. Mike Hyman presents his idiosyncratic view of marketing ethics. In the penultimate commentary, Julie Nelson attributes difficulties in the academic positioning of the Business Ethics field to the hegemony of a masculine-centric model of the firm. And finally, Gibson Burrell provides a powerful provocation to go undercover as researcher-investigators in a parallel ethics of the research process. (shrink)

The most comprehensive survey of Wittgenstein’s thought yet compiled, this volume of fifty newly commissioned essays by leading interpreters of his philosophy is a keynote addition to the Blackwell series on the world’s great philosophers, covering everything from Wittgenstein’s intellectual development to the latest interpretations of his hugely influential ideas. The lucid, engaging commentary also reviews Wittgenstein’s historical legacy and his continued impact on contemporary philosophical debate.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

At the close of his discussion of time in Book 11 of the Confessions (397– 401), Augustine abandons his empirical inquiry for an impassioned prayer. He writes.