This essay recounts a fascinating if complicated piece of Anglo-American debate. My aim is to reach a conclusion about the importance of the notion of changing one's normative position as part of the act of giving sufficient consideration for a legal contract. In several journals and textbooks between 1894 and 1918 the major contract scholars of the time, e.g., Langdell, Anson, Pollock, Williston, Ames, and Corbin, discussed a special example which was thought to reveal a paradox in the common law (...) of consideration. The problem had shown itself in the textbooks of Pollock in England and Langdell in the United States. The example is of two contracts made by three persons in which one contract with the third party repeats the content of an existing contract with the second party. It would appear that the party at the pivot experiences no new detriment in merely performing, or promising to perform, his pre-existing duty. If so, such oblique contracts with third parties must fail for want of consideration extended from the first party. About this difficulty the experts were anything but agreed. The cases were not consistent. At the root of this uncertainty is an ambivalence about the concept of consideration itself. Should it be conceived in terms of normative relations and changes of moral position or should it be conceived in valuative terms, as harms and benefits? The differences of opinion about the legal validity of oblique contracts is explained by this ambiguity, one which the common lawyer has not yet resolved. (shrink)

Henry Sidgwick remarked in The Methods of Ethics regarding pleasure that the “distinctions of quality that Mill and others urge may … be admitted as grounds of preference, but only in so far as they can be resolved into distinctions of quantity.” Sidgwick had not believed that Mill intended that resolution and commented in his history that “it is hard to see in what sense a man who of two alternative pleasures chooses the less pleasant on the ground of its (...) superiority in quality can be affirmed to take ‘greatest’ happiness or pleasure as his standard of preference.” Though Mill's view has been discussed rather often, the state of the criticism has more or less stabilized with Sidgwick's conclusion. (shrink)

This is a collection of essays touching on four distinct areas of interest to philosophers, lawyers, and political scientists: the philosophical justification for the adversary system; the problems of truth-finding in an adversarial setting; the issue of justice in relation to social policy-making; the right to privacy.

A selection of speeches and essays from the author's second decade as president of Yale University.

KEY TO FOOTNOTE ABBREVIATIONS MM-P. Structure Phenomenology Sense Praise Signs Visible Themes Humanism Primacy Maurice Merleau-Ponty The Structure of ...

The renowned biologist and thinker Richard Dawkins presents his most expansive work yet: a comprehensive look at evolution, ranging from the latest developments in the field to his own provocative views. Loosely based on the form of Chaucer's Canterbury Tales, Dawkins's Tale takes us modern humans back through four billion years of life on our planet. As the pilgrimage progresses, we join with other organisms at the forty "rendezvous points" where we find a common ancestor. The band of pilgrims (...) swells into a vast crowd as we join first with other primates, then with other mammals, and so on back to the first primordial organism. Dawkins's brilliant, inventive approach allows us to view the connections between ourselves and all other life in a bracingly novel way. It also lets him shed bright new light on the most compelling aspects of evolutionary history and theory: sexual selection, speciation, convergent evolution, extinction, genetics, plate tectonics, geographical dispersal, and more. The Ancestor's Tale is at once a far-reaching survey of the latest, best thinking on biology and a fascinating history of life on Earth. Here Dawkins shows us how remarkable we are, how astonishing our history, and how intimate our relationship with the rest of the living world. (shrink)

The discussion of good and evil must not be confined to the sterile lecture halls of academics but related instead to ordinary human feelings, needs, and desires, says noted philosopher Richard Taylor. Efforts to understand morality by exploring human reason will always fail because we are creatures of desire as well. All morality arises from our intense and inescapable longing. The distinction between good and evil is always clouded by rationalists who convert the real problems of ethics into complex (...) philosophical puzzles. In the first part of Good and Evil, Taylor looks for a more meaningful conception by reexamining and rejecting the whole rationalistic tradition that dominates philosophical ethics. The second part provides an empirical explanation of good and evil, noting that one does not have to look too far to find prime examples of the failure of fixed moral rules. Including important commentary on Joseph Fletcher's groundbreaking situation ethics, and Aristotle's virtues (e.g., magnanimity and pride), Taylor rounds out the book by developing a philosophy of aspiration--personal worth as an ethical ideal--to replace the morality of duty. He offers a modified form of situation ethics to fit the contemporary problems we face. (shrink)

Orientalism and Religion offers us a timely discussion of the implications of contemporary post-colonial theory for the study of religion. Drawing on a variety of post-structuralist and post-colonial thinkers, including Foucault, Gadamer, Said, and Spivak, Richard King examines the way in which notions such as mysticism, religion, Hinduism and Buddhism are taken for granted, and shows us how religion needs to be redescribed along the lines of cultural studies.

This is the third edition of a classic book first published in 1960, which has sold thousands of copies in two paperback edition and has been translated into several foreign languages. Popkin's work ha generated innumerable citations, and remains a valuable stimulus to current historical research. In this updated version, he has revised and expanded throughout, and has added three new chapters, one on Savonarola, one on Henry More and Ralph Cudworth, and one on Pascal. This authoritative treatment of the (...) theme of scepticism and its historical impact will appeal to scholars and students of early modern history now as much as ever. (shrink)

Thinking through the body: educating for the humanities -- The body as background -- Self-knowledge and its discontents: from Socrates to somaesthetics -- Muscle memory and the somaesthetic pathologies of everyday life -- Somaesthetics in the philosophy classroom: a practical approach -- Somaesthetics and the limits of aesthetics -- Somaesthetics and Burke's sublime -- Pragmatism and cultural politics: from textualism to somaesthetics -- Body consciousness and performance -- Somaesthetics and architecture: a critical option -- Photography as performative process -- Asian (...) ars erotica and the question of sexual aesthetics -- Philosophy as awakened life : everyday aesthetics of embodiment in American transcendentalism and Japanese Zen practice -- Somatic style. (shrink)

According to certain normative theories in epistemology, rationality requires us to be logically omniscient. Yet this prescription clashes with our ordinary judgments of rationality. How should we resolve this tension? In this paper, I focus particularly on the logical omniscience requirement in Bayesian epistemology. Building on a key insight by Hacking :311–325, 1967), I develop a version of Bayesianism that permits logical ignorance. This includes: an account of the synchronic norms that govern a logically ignorant individual at any given time; (...) an account of how we reduce our logical ignorance by learning logical facts and how we should update our credences in response to such evidence; and an account of when logical ignorance is irrational and when it isn’t. At the end, I explain why the requirement of logical omniscience remains true of ideal agents with no computational, processing, or storage limitations. (shrink)

The book begins with an overview that introduces the Theorem and the issues surrounding it, and explores how the essays that follow contribute to our understanding of those issues.

Conditionalization is one of the central norms of Bayesian epistemology. But there are a number of competing formulations, and a number of arguments that purport to establish it. In this paper, I explore which formulations of the norm are supported by which arguments. In their standard formulations, each of the arguments I consider here depends on the same assumption, which I call Deterministic Updating. I will investigate whether it is possible to amend these arguments so that they no longer depend (...) on it. As I show, whether this is possible depends on the formulation of the norm under consideration. (shrink)

If one compares various skeptical arguments about our perceptual beliefs with arguments against scientific realism one immediately notices important similarities. Skeptical arguments about perceptual beliefs are often based on the premise that all of our perceptual beliefs could be wrong. Our experience is consistent with many different states of affairs; some familiar examples are hallucination, an evil demon, and brains in a vat. Thus it is claimed we have no reason to believe that the perceptual beliefs we normally form are (...) true and alternative beliefs are false.One of the most powerful arguments against scientific realism is based on the claim that our data underdetermines our theory. There exist empirically equivalent theories, which means that there is no observation that could lead us to accept one and reject the other. Each member of a class of empirically equivalent theories will be equally supported by the evidence. (shrink)