For more than a decade, American lawyers have bewailed the ethical crisis in their profession, wringing their hands about its bad image. But their response has been limited to spending money on public relations, mandating education, and endlessly revising ethical rules. In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems illustrated by the six disciplinary case studies featured in this book unless the legal monopoly enjoyed by attorneys in the (...) U.S. is drastically contracted. -/- Richard Abel examines some of the most common ethical complaints made about lawyers in Lawyers in the Dock. Using detailed records of disciplinary proceedings, he describes the actions surrounding certain cases based on three of the most common complaints: neglecting the client by failing to pursue cases diligently; overcharging of clients by mystifying billing practices; and betraying adversaries and courts out of excessive loyalty to clients or causes. -/- In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems exposed by his six disciplinary case studies unless structural changes are made to the legal monopoly in order to restore the public trust in lawyers. Lawyers in the Dock is essential reading for lawyers, law students, and potential clients who wish to restore trust and professional responsibility in the legal profession. (shrink)
This paper contains a reconstruction and discussion of some central subjects in Nelson Goodman's philosophical work. Goodman's creative symbol-constructional philosophy concerns fundamental aspects of human cognition and practice. It is argued that this provides us with the intellectual tools for constructing a genuine relationship between logic, knowledge, art, and understanding. This is shown by focusing on subjects ranging from the projectibility of predicates and nominalistic mereology to constructive relativity, ways of worldmaking and a general theory of symbols.
This paper contains a discussion of Quine's thesis of indeterminacy of translation within the more general thesis that using and understanding a language are to be conceived of as a creative and interpretative-constructional activity. Indeterminacy is considered to be ineliminable. Three scenarios are distinguished concerning, first, the reasons for indeterminacy, second, the kinds of indeterminacy and, third, different levels of a general notion of recursive interpretation. Translational hypotheses are seen as interpretational constructs. The indeterminacy thesis turns out to be a (...) consequence of the externalizing of language, meaning, and epistemology. By means of a three-leveled interpretation model one can substantiate the crucial aspects, first, that indeterminacy is not an indeterminacy of facts of the matter and, second, that there is a significant difference between indeterminacy and underdetermination. In addition, the relationship between indeterminacy, interpretation, and charity is elucidated. Indeterminacy is seen not as an obstacle to but as a condition for communication. Charity and empathy in dialogue are conditional upon indeterminacy. All three components reveal the interpretative-constructional character of the inseparable connection of meaning and experience. (shrink)
I examine Michael Oakeshott's theory of modes of experience in light of today's evolution debates and argue that in much of our current debate science and religion irrelevantly attack each other or, less commonly but still irrelevantly, seek out support from the other. An analysis of Oakeshott's idea of religion finds links between his early holistic theory of the state, his individualistic account of religious sensibility, and his theory of political, moral, and religious authority. Such analysis shows that a modern (...) individualistic theory of the state need not be barrenly secular and suggests that a religious sensibility need not be translated into an overmastering desire to use state power to pursue moral or spiritual ends in politics. Finally, Oakeshott's vision of a civil conversation, as both a metaphor for Western civilization and as a quasi-ethical ideal, shows us how we might balance the recognition of diverse modal truths, the pursuit of singular religious or philosophic truth, and a free political order. (shrink)
This volume brings together a diverse range of perspectives reflecting the international appeal and multi-disciplinary interest that Oakeshott now attracts.
Cette contribution resitue tout d'abord le prìncipe d'indulgence ou de charité dans la philosophie analytique et l'herméneutique contemporaines. La version maximaliste de ce principe, qui invite à présupposer comme vrai ce que l'autre tient pour vrai, est critiquée et rectifiée dans le cadre du caractère interprétatif de la compréhension. La critique du principe d'indulgence est défendue par rapport à la fiction davidsonienne d'un interprète omniscient ou d'un herméneute omnipotent. L'article conclut sur la nécessité de saisir la compréhension comme une interprétation (...) et de clarifier les situations d'interprétation. This contribution restore at first the principle of charity in analytical philosophy and contemporary hermeneutics. The maximalist version of this principle, inviting to presuppose true what the other is considering true, is critisized and rectified in the frame of the interpretative character of understanding. The criticism of the principle of charity is opposed to the fiction, imagined by D. Davidson, of an « omniscient interpreter » or an omnipotent hermeneutist. The article is concluding on the necessity to perceive understanding as interpretation and to clarify the conditions of interpretation. (shrink)
Comparative case studies of lawyer deviance and discipline offer a unique perspective on how and why lawyers misbehave, how regulatory bodies respond, and the efficacy of those responses. Such studies also provide valuable pedagogic tools, opening the eyes of law students to the ways in which they, too, could transgress ethical rules. This special issue builds on my two books on misbehaving lawyers in New York and California by presenting vivid accounts of such lawyers in the UK, Canada, Australia, New (...) Zealand, and the Netherlands. (shrink)
Fifty Readings is a flexible and affordable collection of classic and contemporary primary sources in philosophy. The readings cover all the main topics of Western Philosophy, and each one is carefully edited to be long enough to present a self-contained argument but not so lengthy that students lose track of the main point. A wide selection of readings at an attractive price makes this text the most versatile introduction to philosophy reader on the market.
Fifty Readings is a flexible and affordable collection of classic and contemporary primary sources in philosophy. The readings cover all the main topics of Western Philosophy, and each one is carefully edited to be long enough to present a self-contained argument but not so lengthy that students lose track of the main point. A wide selection of readings at an attractive price makes this text the most versatile introduction to philosophy reader on the market.
These specialised and annotated papers closely examine a number of Platonic texts including the Republic, Symposium and Gorgias. Extracts are in English translation.
The cyclical theory f time, which is better known under the name of the 'theory of eternal recurrence,' is usually associated with certain ancient thinkers--in particular, Pythagoreans and Stoics. The most famous among those who have tried to revive the theory in the modern era is unquestionably Friedrich Nietzsche. It is less well known that the theory was defended also by C.S. Peirce and, as late as 1927, by the French historian of science, Abel Rey. The contemporary discussion of (...) the problem of the direction of time has a direct bearing on the problem of eternal recurrence. The primary purpose of this paper is to evaluate critically the theory itself and then to show how this critical analysis can be applied to Peirce's own version of this theory. (shrink)
This paper introduces a symposium discussing Michael Oakeshott's understanding of the relationship of religion, science and politics. Essays by Elizabeth Corey, Timothy Fuller, Byron Kaldis, and Corey Abel are followed by a review of Corey's recent book by Efraim Podoksik.
In ‘Location and Perdurance’ (2010), I argued that there are no compelling mereological or sortal grounds requiring the perdurantist to distinguish the molecule Abel from the atom Abel in Gilmore’s original case (2007). The remaining issue Gilmore originally raised concerned the ‘mass history’ of Adam and Abel, the distribution of ‘their’ mass over spacetime. My response to this issue was to admit that mass histories needed to be relativised to a way of partitioning the location of Adam/ (...) class='Hi'>Abel, but that did not amount to relativising any fundamental natural intrinsic properties—the latter are all had unrelativised, and (so most perdurantists would say). (shrink)
This essay considers the evolution of Hegel's political and legal theory with respect to the emergence of a classical liberal society and modern natural law. I argue that Hegel abandoned his early concerns which focused on a revival of the Greek polis and ethics over legality and refocused his efforts at reaching a modern form of ethical life predicated on the acceptance of classical liberal society and modern natural law. I try to argue that Hegel wanted to achieve a present-day (...) communal ethics without abolishing the modern individual subject endowed with rights. However, I seek to draw attention to Hegel's criticism of empirical individualism and social atomism. (shrink)
Schrödinger's definition of life needs a slight modification to absorb the criticism of it. It is the comparison of the entropy level of a system before and after a process which makes one view it as living: we consider the stability of the deviation from the probable a sign of life. This explains why we do not hesitate to consider as remnants of living systems skeletons and fossils anywhere and physical culture on any archeological site.
The purpose of the study (of which this is the concluding part) is to show that the distinctions made by Wilhelm Dilthey and Max Weber between the natural sciences and the ?Geistesvrissenschaften? are sound in principle, pace the arguments to the contrary within classical logical empiricism. It is held that intentional contexts are characteristic of social science. Intentional contexts are held to be more important in psychology than mental states, like toothache. If logical behaviourism is to have any plausibility, it (...) has to be shown how intentional contexts can bs dealt with. Carnap's programme was to reconstruct scientific discourse within a truth?functional language. It is argued that his reduction of belief?sentences was not successful. It is further argued that in the logical empiricist's discussions of the problem of Verstehen, only motivational understanding is taken account of, what Max Weber calls observational understanding is ignored, as we try to show through a discussion of Theodore Abel's well?known explication of ?the operation called Verstehen?. From this it is concluded that the foundational problems of social science are different from those of natural science, and this conclusion is further elaborated through an exposition of views held by authors in the German tradition, which, in the fifties, many philosophers held to be obsolete. (shrink)
The purpose of this study is to show that the distinctions made by Wilhelm Dilthey and Max Weber between the natural sciences and the 'Geisteswissen-schaften' are sound in principle, pace the arguments to the contrary within classical logical empiricism. It is held that intentional contexts are characteristic of social science. Intentional contexts are held to be more important in psychology than mental states, like toothache. If logical behaviourism is to have any plausibility, it has to be shown how intentional contexts (...) can be dealt with. Carnap's programme was to reconstruct scientific discourse within a truth-functional language. It is argued that his reduction of belief-sentences was not successful. It is further argued that in the logical empiricist's discussions of the problem of Verstehen, only motivational understanding is taken account of, what Max Weber calls observational understanding is overlooked as we try to show through a discussion of Theodore Abel's well-known explication of 'the operation called Verstehen'. From this it is concluded that the founda-tional problems of social science are different from those of natural science, and this conclusion is further elaborated through an exposition of views held by authors in the German tradition, which, in the fifties, many philosophers held to be obsolete. (shrink)
In this article, I examine the historiographical ideas of the historian of chemistry Helene Metzger (1886-1944) against the background of the ideas of the members of the groups and institutions in which she worked, including Alexandre Koyre, Gaston Bachelard, Abel Rey, Henri Berr and Lucien Febrve. This article is on two interdependent levels: that of particular institutions and groups in which she worked (the Centre de Synthese, the International Committee for History of Science, the Institut d'Histoire des Sciences et (...) Techniques (Sorbonne) and the Ecole Pratique des Hautes Etudes) and that of historiographical ideas. I individuate two particular theoretical aspirations pursued by the historians in Metzger's milieu: the ideal of total history and the study of the human mind. These two objectives were seen by Metzger and many others as implicating each other. Moreover, Metzger and other historians wanted to integrate the practice of commentary of texts in the realisations of those ideals. I argue, however, that these objectives proved very difficult to realise at the same time. One tradition which stemmed out of these discussions, exemplified by Bachelard, Canguilhem and Foucault, focused on the mind and knowledge, and renounced commentary of texts and total history as it was understood by the historians of the Centre de Synthese. The latter, however, did not really pursue the study of the mind. Moreover, historians like Metzger and Koyre who practised an attentive analysis of texts could not realise total history. (shrink)
In Violence and the Sacred (henceforth, V&S), Rene Girard remarks that when we think of siblings, we often think of affectionate relationships.1 He then proposes, however, that the stories that have come down to us through mythology and sacred scriptures often tell us otherwise. Warring siblings are embedded deeply in history, religion, and literature: Girard lists Cain and Abel, Jacob and Esau, Eteocles and Polyneices, Romulus and Remus, Richard the Lionheart and John Lackland as just a few examples of (...) the fraternal rivalry in our collective consciousness. We might add the biblical Isaac and Ishmael and Joseph and his brothers to this list. The rivalries are so pervasive that Girard declares: “the theme itself is .. (shrink)
The study of identity crosses all disciplinary borders to address such issues as the multiple interactions of race, class, and gender in feminist, lesbian, and gay studies, postcolonialism and globalization, and the interrelation of nationalism and ethnicity in ethnic and area studies. Identities will help disrupt the cliche-ridden discourse of identity by exploring the formation of identities and problem of subjectivity. Leading scholars in literary criticism, anthropology, sociology, and philosophy explore such topics as "Gypsies" in the Western imagination, the mobilization (...) of the West in Chinese television, the lesbian identity and the woman's gaze in fashion photography, and the regulation of black women's bodies in early 20th-century urban areas. This collection of twenty articles brings together the special issue of Critical Inquiry entitled "Identities" (Summer 1992), two other previously published essays, and five previously published critical responses and rejoinders, all of which is interrogated in two new essays by Michael Gorra and Judith Butler. Contributors include Elizabeth Abel, Kwame Anthony Appiah, Akeel Bilgrami, Daniel Boyarin, Jonathan Boyarin, Judith Butler, Hazel V. Carby, Xiaomei Chen, Diana Fuss, Henry Louis Gates, Jr., Avery Gordon, Michael Gorra, Cheryl Herr, Saree S. Makdisi, Walter Benn Michaels, Christopher Newfield, Gananath Obeyesekere, Molly Anne Rothenberg, Gayatri Chakravorty Spivak, Sara Suleri, Katie Trumpener, and Joseph Valente. (shrink)
Inspired by the work of Richard Abel, the authors conduct a N=1 study into the career path and disciplinary records of a Dutch immigration advocate. Their aim is to offer explanations as to why some lawyers seem so impervious to discipline. The authors analyse the case from three different angles: (1) characteristics of the disciplinary system (2) the social network of the advocate in question, including his professional network, and (3) the advocate?s personality. According to the authors, the key (...) to explaining non-compliance with ethical rules lies in the interaction between these three perspectives. In the case of the immigration lawyer a lack of professional socialization and the fact that he operated on his own, without substantial feedback or criticism from his social network were important explanatory factors. The article also offers a detailed insight into the effects of an accelerated disciplinary proceeding in which a local bar president ex officio assumes a new role. (shrink)
Depiction is the form of representation distinctive of figurative paintings, drawings, and photographs. Accounts of depiction attempt to specify the relation something must bear to an object in order to depict it. Resemblance accounts hold that the notion of resemblance is necessary to the specification of this relation. Several difficulties with such analyses have led many philosophers to reject the possibility of an adequate resemblance account of depiction. This essay outlines these difficulties and argues that current resemblance accounts succumb to (...) them. It then develops an alternative resemblance account, drawing on Grice's account of nonnatural meaning and its role in determining sentence meaning to argue that something depicts an object if it bears intention-based resemblances to the object that jointly capture its overall appearance. In addition to solving the metaphysical problem of what it is for something to depict an object, this account also sheds significant light on the epistemological issue of how we are able to work out that something depicts an object. This essay argues that our ability to work out that something depicts an object results from both our more general ability to identify intentions from the products of communicative behavior and our knowledge of stylistic conventions. This account avoids the difficulties that face rival attempts to analyze depiction in terms of resemblance. It also clarifies and explains the features that distinguish depictive from nondepictive representation. (shrink)
In this paper, I develop a unified account of cinematic representation as primary depiction. On this account, cinematic representation is a distinctive form of depiction, unique in its capacity to depict temporal properties. I then explore the consequences of this account for the much-contested question of whether cinema is an independent representational art form. I show that it is, and that Scruton’s argument to the contrary relies on an erroneous conception of cinematic representation. CiteULike Connotea Del.icio.us What's this?
What do pictures and mental images have in common? The contemporary tendency to reject mental picture theories of imagery suggests that the answer is: not much. We show that pictures and visual imagery have something important in common. They both contribute to mental simulations: pictures as inputs and mental images as outputs. But we reject the idea that mental images involve mental pictures, and we use simulation theory to strengthen the anti-pictorialist's case. Along the way we try to account for (...) caricature and for some basic features of pictorial representations. (shrink)
I propose a number of criteria for the adequacy of an account of pictorial realism. Such an account must: explain the epistemic significance of realistic pictures; explain why accuracy and detail are salient to realism; be consistent with an accurate account of depiction; and explain the features of pictorial realism. I identify six features of pictorial realism. I then propose an account of realism as a measure of the information pictures provide about how their objects would look, were one to (...) see them. This account meets the criteria I have identified and is superior to alternative accounts of realism. (shrink)
