This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
Hacker, P. M. S. Hart's philosophy of law.--Baker, G. P. Defeasibility and meaning.--Dworkin, R. M. No right answer?-Lucas, J. R. The phenomenon of law.--Honoré, A. M. Real laws.--Summers, R. S. Naïve instrumentalism and the law.--Marshall, G. Positivism, adjudication, and democracy.--Cross, R. The House of Lords and the rules of precedent.--Kenny, A. J. P. Intention and mens rea in murder.--Mackie, J. L. The grounds of responsibility.--MacCormick, D. N. Rights in legislation.--Raz, J. Promises and obligations.--Foot, P. R. Approval and disapproval.--Finnis, J. (...) M. Scepticism, self-refutation, and the good of truth.--Barry, B. M. Justice between generations.--Feinberg, J. Harm and self-interest. (shrink)
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of (...) law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. -/- For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. -/- Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy. (shrink)
In response to the critique of his work by William Sweet, Hendrik Hart first offers some terminological clarifications. The important difference between ‘faith’ (trust in God) and ‘belief’ (our network of accepted understandings of things, expressed in concepts and propositions) is emphasized and his use of terms such as ‘religion,’ ‘knowledge,’ and ‘truth’ are explained. Hart then clarifies his approach to the Western philosophical tradition . He argues that Christian accommodation to philosophy and its idea of ‘reason’ as (...) ultimate arbiter have hindered proper understanding of biblical faith. He finds support for his critique within the philosophical tradition itself, particularly in the form of feminist and postmodern thought. In the end, he offers a vision of religious truth, encapsulated in Jesus’ proclamation, “I am the truth,” that is based upon the embodiment of God’s will and intent. (shrink)
Fourteen philosophers share their experience teaching Peirce to undergraduates in a variety of settings and a variety of courses. The latter include introductory philosophy courses as well as upper-level courses in American philosophy, philosophy of religion, logic, philosophy of science, medieval philosophy, semiotics, metaphysics, etc., and even an upper-level course devoted entirely to Peirce. The project originates in a session devoted to teaching Peirce held at the 2007 annual meeting of the Society for the Advancement of American Philosophy. The session, (...) organized by <span class='Hi'>James</span> Campbell and Richard Hart, was co-sponsored by the American Association of Philosophy Teachers. (shrink)
Edward Aloysius Pace, philosopher and educator, by J. H. Ryan.-Neo-scholastic philosophy in American Catholic culture, by C. A. Hart.- The significance of Suarez for a revival of scholasticism, by J. F. McCormick.- The new physics and scholasticism, by F. A. Walsh.- The new humanism and standards, by L. R. Ward.- The purpose of the state, by E. F. Murphy.- The concept of beauty in St. Thomas Aquinas, by G. B. Phelan.- The knowableness of God: its relation to the theory (...) of knowledge in St. Thomas, by Matthew Schumacher.- The modern idea of God, by F. J. Sheen.- The analysis of association of its equational constants, by T. V. Moore.- Bibliography (p. 224-225) - Character and body build in children, by Sister M. Rosa McDonough. Bibliography (p. 248-249) - The moral development of children, by Sister Mary.- Medieval education (700-900) by T. J. Shahan.- The need for a Catholic philosophy of education, by George Johnson. (shrink)
"Today our nation saw evil." - President George W. Bush, September 11th 2001 Evil! Like a zombie back from the grave, it has arisen--a word many of us had long ago relegated to Sunday sermons, video games and horror flicks. But of course, evil is not old fashioned, nor has it ever gone away, and may be as robust as ever. So what is evil? Does it exist? Veteran journalist Bill Hart tries to drag evil out of the darkness (...) and hold it up to the light. In doing so, he has written a very readable account of 5,000 years of philosophy, theology and human history as it reflects and refines its notion of evil. More than an explanation of why bad things happen, Evil: A Primer is a tour through the nether regions in search of what we really know. (shrink)
In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.
The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer (...) and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)
This volume offers a selection of the most interesting and important work from recent years in the philosophy of mathematics, which has always been closely linked to, and has exerted a significant influence upon, the main stream of analytical philosophy. The issues discussed are of interest throughout philosophy, and no mathematical expertise is required of the reader. Contributors include W.V. Quine, W.D. Hart, Michael Dummett, Charles Parsons, Paul Benacerraf, Penelope Maddy, W.W. Tait, Hilary Putnam, George Boolos, Daniel Isaacson, Stewart (...) Shapiro, and Hartry Field. (shrink)
In recent years there have been ever-growing concerns regarding environmental decline, causing some companies to focus on the implementation of environmentally friendly supply, production and distribution systems. Such concern may stem either from the set of beliefs and values of the company’s management or from certain pressure exerted by the market – consumers and institutions – in the belief that an environmentally respectful management policy will contribute to the transmission of a positive image of the company and its products. Sometimes, (...) however, ethics and market rules are not enough to deal with this situation and specific laws must be considered. This is the case when companies base their activity on the ‹ethics of self-interest’ concentrating their efforts on projecting an adequate image – e.g. environmental respect – rather than fundamentally behaving in environmentally respectful ways. This article, taking as reference the SME context, discusses the reasons for implementing environmentally friendly systems. Both ethics and business seem to be relevant and, therefore, a certain balance between market and interventionism seems to be necessary. (shrink)
A mass balance based model has been derived to represent the dynamical behavior of the ecosystem contained in an anaerobic digester. The model considers two bacterial populations: acidogenic and methanogenic bacteria. It forms the basis for the design of a software sensor considering both a model of the biological system and on-line gaseous measurements. The software sensor computes the concentration of inorganic carbon and volatile fatty acids (VFA) in the digester. Another software sensor is dedicated to the estimation of the (...) bacterial biomasses. The predictions of the software sensors for a real experiment are very close to the actual off-line measurements. The software sensors monitor the accumulation of VFA and thus very early detect a destabilization of the digester due to overloading. The presented methodology demonstrates the usefulness of advanced monitoring techniques for an improved understanding of the internal working of a biological system. (shrink)
In his important and engaging book LEGALITY, Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart’s jurisprudential theory. Hart maintained that every legal system is underlain by a Rule of Recognition through which the officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart’s remarks on the Rule of Recognition are confused and that his (...) model of law ─ though commendably more sophisticated than any model propounded by earlier legal positivists ─ is consequently untenable. Having thus endeavored to establish that Hart’s exposition of the nature of legality is unsustainable, Shapiro contends that a new approach is vital for progress in the philosophy of law. With his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. -/- Except for a very terse observation in the final main section, this article will not directly assess the strengths and shortcomings of Shapiro’s piquant Planning Theory. Instead, I will defend Hart against Shapiro’s charges and will thereby undermine the motivation for the development of the Planning Theory. Nearly all the objections to Hart’s work posed by Shapiro are inapposite, or so this article will aim to show. (shrink)
As a response to what I see as the challenge posed by constructivist and narrative pedagogies, this paper seeks to sympathetically reconstruct Bernard Williams' Absolute Conception from the scattered texts in which he briefly sketched it. While ultimately defending the Absolute Conception or something close enough to it, the paper criticizes and distances itself from some aspects of Williams' version, notably his conception of philosophy as insurmountably perspectival. Williams' understanding of perspectival knowledge as contrasted to absolute knowledge is illustrated (...) with the concrete, if fictional case of the Dr Manhattan character from Zack Snyder's Watchmen (2009). Adrian Moore's reading, and Hilary Putnam's criticisms of Williams' Absolute Conception are amongst the positions engaged with. (shrink)
Research in modern biology has largely been developed according to two main ways of inquiry, as they were outlined by Charles Darwin and Claude Bernard. Each stands for a specific approach to the living corresponding to two different methodological rules: the principle of natural selection and the principle of causation.
For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; rather (...) it is to identify precisely the core issue around which the debate is organized. Is the Hart-Dworkin debate, for example, about whether the law contains principles, as well as rules? Or does it concern whether judges have discretion in hard cases? Is it about the proper way to interpret legal texts in the American legal system? Or is it about the very possibility of conceptual jurisprudence? Although trying to capture the essence of a philosophical debate can be tricky, I think that there is an important unity to the Hart-Dworkin debate that can be described in a relatively straightforward manner. I suggest that the debate is organized around one of the most profound issues in the philosophy of law, namely, the relation between legality and morality. Dworkin’s basic strategy throughout the course of the debate has been to argue that, in one form or another, legality is ultimately determined not by social facts alone, but by moral facts as well. This contention directly challenges, and threatens to undermine, the positivist picture about the nature of law, in which legality is never determined by morality, but solely by social practice. As one might expect, the response by Hart and his followers has been to argue that this dependence of legality on morality is either merely apparent or does not, in fact, undermine the social foundations of law. The Hart-Dworkin debate, I also try to show, is not a monolithic entity. In the second half of the paper, I describe how Dworkin modified his critique to circumvent the responses of Hart’s followers, thereby inaugurating a new phase in the debate. Virtually no attention, however, has been paid to this latter challenge, which is especially surprising given that none of the previous positivistic defenses are helpful against it. I then sketch out a possible response positivists might offer to this extremely powerful objection. (shrink)
The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the (...) so-called “harm principle,” a sharp delineation of the realms of law and morality, and a static conception of the relationship between them. This article explores the limitations imposed by these various starting-points and argues for a holistic and symbiotic understanding of the relationship between law and morality. (shrink)
HLA Hart has sometimes been associated with the false proposition that there is 'no necessary connection between law and morality'. Nigel Simmonds is the latest critic to make the association. He offers an 'ironic' interpretation of a famous passage in Hart's The Concept of Law in which the proposition is apparently rejected as false by Hart. In this paper I explain why, even if Simmonds's ironic interpretation is tenable, it does not associate Hart with the proposition (...) in the way that Simmonds believes that it does. More affirmatively, I show that among several necessary connections between law and morality that Hart defends, there is an important indirect one that runs from law to legality, from legality to justice, and from justice to morality. (shrink)
H. L. A. Hart and the "Open Texture" of Language tries to clarify the writings of both Hart and Friedrich Waismann on "open texture". In Waismann's work, "open texture" referred to the potential vagueness of words under extreme (hypothetical) circumstances. Hart's use of the term was quite different, and his work has been misunderstood because those differences were underestimated. Hart should not be read as basing his argument for judicial discretion on the nature of language; primarily, (...) he was putting forward a policy argument for why rules should be applied in a way which would require that discretion. (shrink)
Hart identified a utilitarian tradition in jurisprudence, which he associated with Jeremy Bentham and John Austin. This tradition consisted in three doctrines: the separation of law and morals; the analysis of legal concepts; and the imperative theory of law. I argue, contrary to Hart, that Bentham did not adopt a 'positivist' conception of law whether understood in terms of the separation of legal theory and morality or in terms of the separation of law and morals. Misinterpreting Bentham's approach (...) to the analysis of language, Hart was wrong to assume that Bentham's jurisprudential project was a precursor to his own attempt to provide a morally neutral description of a legal system. It was this assumption that led to mistakes in Hart's editing of Of Laws in General. Bentham's utilitarian theory of law should be recognised as a distinct alternative to Common Law and Natural Law theories. (shrink)
HLA Hart and Joseph Raz are usually interpreted as being fundamentally opposed to Lon Fullerâ€™s argument in The Morality of Law that the principles of the rule of law are of moral value. Hart and Raz are thought to make the â€˜instrumental objectionâ€™, which says that these principles are of no moral value because they are actually principles derived from reflection on how to best allow the law to guide behaviour. Recently, many theorists have come to Fullerâ€™s defence (...) against Hart and Raz, refuting the â€˜instrumental objectionâ€™ and affirming the non-instrumental moral value of conformity to the principles of legality. This article argues that although this moral value should be affirmed, the orthodox view is incorrect, because Hart and Raz never understood their arguments about the instrumental or â€˜purposiveâ€™ value of the principles of legality as denials of their moral value, as a close reading of their work shows. (shrink)
An important shift occurs in Martin Heidegger’s thinking one year after the publication of Being and Time , in the Appendix to the Metaphysical Foundations of Logic . The shift is from his project of fundamental ontology—which provides an existential analysis of human existence on an ontological level—to metontology . Metontology is a neologism that refers to the ontic sphere of human experience and to the regional ontologies that were excluded from Being and Time. It is within metontology, Heidegger states, (...) that “the question of ethics may be raised for the first time.” This paper makes explicit both Heidegger’s argument for metontology , and the relation between metontology and ethics. In examining what he means by “the art of existing,” the paper argues that there is an ethical dimension to Heidegger’s thinking that corresponds to a moderate form of moral particularism. In order to justify this position, a comparative analysis is made between Heidegger, Aristotle, and Bernard Williams. (shrink)
Bernard Williams is one of the most influential figures in recent ethical theory, where he has set a considerable part of the current agenda. In this collection, a distinguished international team of philosophers who have been stimulated by Williams' work give new responses to it. The topics covered include equality, consistency, comparisons between science and ethics, integrity, moral reasons, the moral system, and moral knowledge. Williams himself then provides a substantial reply, which in turn shows both the current directions (...) of his own thought and also his present view of his earlier work (such as that on utilitarianism). (shrink)
: A central component of Bernard Williams' political realism is the articulation of a standard of legitimacy from within politics itself: LEG. This standard is presented as basic, inherent in all political orders and the best way to underwrite fundamental liberal principles particular to the modern state, including basic human rights. It does not require, according to Williams, a wider set of liberal values. In the following, I show that where Williams restricts LEG to generating only minimal political protections, (...) seeking to isolate his account of political legitimacy from a range of liberal principles, this is neither internal to, nor necessarily demanded by, the specifically political account of LEG. Instead, the limitation depends upon his wider ethical thought. (shrink)
Abstract. The paper begins by challenging Hart's argument aimed to show that sanctions are not part of the concept of law. It shows that in the "minimal" legal system as understood by Hart, sanctions may be required for keeping the legal system efficacious. I then draw a methodological conclusion from this argument, which challenges the view of Hart (and his followers) that legal philosophy should aim at discovering some general, politically neutral, conceptual truths about law. Instead, the (...) aim should be to discover the values because of which certain things in the world are classified as law and others as non-law. Focusing on those would give us a more insight to the roles law plays in society, as well as more illuminating answers to traditional jurisprudential questions like the status of law in evil regimes. (shrink)
Colemanand Shapiro have recently advanced a second at- tempt to reconcile Hart’s practice theory of rules and the idea of the normativity of law; i.e., the idea that legal rules qua social rules give reasons for actions and, in some circumstances create and impose duties and obligations. Their argumentative strategy is to resort to elements in Bratman’s work on shared agency and planning, though they introduce important and substantive modiﬁcations to Bratman’s own explanation. Bratman describes his own theory as (...) a modest theory of the will where the notion of planning plays a fundamental role. Both Shapiro’s and Coleman’s application of Bratman’s planning theory of agency to an authority structure such as law is impressive, but a number of objections can be levelled, with the intention of grasping both the nature of authority structures and the normativity of law. Although I have referred to Shapiro’s and Coleman’s applica- tions as being similar to one another, the diﬀerences are sub- stantive and important. I will scrutinise both Shapiro’s and Coleman’s explanations of ‘shared agency’ and discuss the objections that can be raised against each application. (shrink)
Abstract. In the last decades, several rapprochements have been made between quantum physics and the Advaita Vedānta (AV) school of Hinduism. Theoretical issues such as the role of the observer in measurement and physical interconnectedness have been associated with tenets of AV, generating various critical responses. In this study, I propose to address this encounter in the light of recent works on philosophical implications of quantum physics by the physicist and philosopher of science Bernard d’Espagnat.
In this paper I defend a liberal theory about how legal rules can and ought to be interpreted. The theory emerges from a critical examination of H. L. A. Hart's influential views on the limited but unavoidable indeterminacy of legal rules. I begin with a brief sketch of Hart's early theory (as it is traditionally understood) offering various suggestions as to how it might usefully be modified. Next, several possible objections to my modifications are sketched and criticized. Finally, (...) reasons are provided for supposing that the modified theory may well represent Hart's current position. (shrink)
In his review of Bernard Williams' Ethics and the Limits of Philosophy , Hart eloquently formulated an apprehension that still haunts much of contemporary jurisprudence: if the moral 'I must' has to be 'seen as coming not from outside, but from what is most deeply inside us ? the fear is that this will not be enough'. I argue that this fear is the byproduct of the dualist outlook within which Hart—and a significant part of contemporary legal (...) theory—is confined: because of his bald naturalist premise, Hart could not conceive of moral objectivity except in terms presupposing an order of Reason resolutely distinct from the 'natural' world. This paper seeks to debunk this dualist outlook by engaging with the kind of 'non-bald' naturalism advocated in different ways by both McDowell and Blackburn. In considering contemporary efforts to draw a middle way between ethical scepticism and metaphysical rationalism, the paper draws on the pragmatic elements emerging from the confrontation between Habermas and Rawls. (shrink)
It has now been more than 50 years since H. L. A Hart and Lord Patrick Devlin first squared off in perhaps the most celebrated jurisprudential debate of the twentieth-century (1959–1967). The central issue in that dispute—whether the state may criminalize immoral behavior as such—continues to be debated today, but in a vastly changed legal landscape. In this article I take a fresh look at the Hart-Devlin debate in the light of five decades of social and legal changes.
What is a social rule? This paper first notes three important problems for H.L.A. Hart's famous answer in the Concept of Law. An alternative account that avoids the problems is then sketched. It is less individualistic than Hart's and related accounts. This alternative account can explain a phenomenon observed but downplayed by Hart: the parties to a social rule feel that they are in some sense 'bound' to conform to it.
Hart and Honoré contend, in their book Causation in the Law, that causal appraisals in everyday life and in the law can be made, with justifiable confidence, without appealing to relevant general laws; that in order to grasp the workings of causal notions in everyday life and the law, it is sufficient to note that causes are events which interfere with or intervene in the course of events which would normally have taken place. This thesis is criticized on the (...) ground that what purport to be purely causal appraisals are hopelessly vulnerable to moral considerations, especially when such appraisals are presumed to take place in complete independence of scientific theory. (shrink)
Claude Bernard, the father of scientific physiology, believed that if medicine was to become truly scientiifc, it would have to be based on rigorous and controlled animal experiments. Bernard instituted a paradigm which has shaped physiological practice for most of the twentieth century. ln this paper we examine how Bernards commitment to hypothetico-deductivism and determinism led to (a) his rejection of the theory of evolution; (b) his minima/ization of the role of clinical medicine and epidemiological studies; and (c) (...) his conclusion that experiments on nonhuman animals were, "entirely conclusive for the toxicology and hygiene of man". We examine some negative consequences of Bernardianism for twentieth century medicine, and argue that physio/ogy's continued adherence to Bernardianism has caused it to diverge from the other biological sciences which have become increasingly infused with evolutionary theory. (shrink)
Until recently, little was known of H.L.A. Hart’s private life. That has now changed with the publication of Nicola Lacey’s A Life of H.L.A. Hart: The Nightmare and the Noble Dream. Drawing on Hart’s notebooks and correspondence, Lacey paints an illuminating portrait of Hart, which reveals that despite his public success he struggled with internal perplexities, including his sexual orientation, Jewish identity, intellectual insecurity, and unconventional marriage. Yet, as critics have noted, the connection between these revelations (...) and the development of Hart’s ideas is unclear. Moreover, one cannot help but wonder whether by focusing on these aspects of Hart’s personal life, Lacey has missed an opportunity to explore certain basic questions about his jurisprudence and its link to wider intellectual currents. For example, linguistics, psychology, and the philosophy of language and mind are much different today than they were in the 1940s and 1950s, yet Lacey does not discuss how such familiar events as the overthrow of logical positivism, the demise of behaviorism, the rise of generative linguistics, or the broader cognitive revolution of which they were a part actually impacted Hart or should influence our understanding of his legacy. Surprisingly, none of these developments are taken up in this book, leading one to ponder the significance of their absence. (shrink)
ALTHOUGH THERE is no direct dependence of Bernard Lonergan upon Edmund HusserI in the manner, say, of Husserl himself upon Franz Brentano, there are nonetheless points of similarity and contrast between them. It would be possible to list these matching points singly on their own, such as Epoche and self-appropriation, Erlebnis and consciousness, monad and subject, Anschauung and affirmation. However, besides and beneath these individual points of similarity and contrast, lying as their basis, there is similarity and contrast at (...) the level of the fundamental conceptions of the two philosophers. Husserl and Lonergan share a common problematic: the structure of intentionality. If intentionality is the common problematic where Husserl and Lonergan meet, one might ask if and how various notions of theirs viewed in relation to intentionality are common or divergent. For the sake of comparison-confrontation, one might take the two central notions, Anschauung (intuition) in Husserl and affirmation in Lonergan, and inspect some of the implications they have for the two philosophers. Husserl calls intuition the "principle of all principles for his phenomenology." For his part, Lonergan conceives of affirmation as the culmination of the knowing process. Intuition and affirmation have analogous roles. For Husserl it is through intuition that cognition attains what is real, whereas for Lonergan it is through affirmation. The comparison-confrontation between Husserl and Lonergan can be summed up in terms of the three questions that Lonergan sets up to mark off the range of human knowing. First, what happens when one knows? Secondly, why is doing that knowing? Thirdly, what does one know when he does it? Husserl and Lonergan would seem closest in their approach to answering question one. However, they would part company in their answers to questions two and three, for here intuition and affirmation essentially determine what kind of an answer can be given. This paper will work within the brackets of these three questions. (shrink)
This paper provides a reading of the opera criticism of Bernard Williams in the light of his philosophical writings. Beginning with the observations that his philosophical writing lacks engagement with musical and aesthetic issues, and his operatic writing appears to present no particular philosophy of the subject, I try to draw together certain themes by mapping Williams's operatic concerns onto his philosophical project more generally. I argue that the 'excessive' nature of the artform—the idea that opera tends to exceed (...) its musico-dramatic functions—was of particular interest to Williams, partly because it resonated with his dislike of easy theoretical solutions to thorny practical issues. More specifically, Mozart's Cosi fan tutte is related, via the way the way its emotional register exceeds its dramatic context, to the issues examined by Williams in his work on moral luck. Similarly, I discuss the way Williams's essay on Debussy's Pelléas et Mélisande seems to hint at an account of the emotions which is otherwise missing from Williams's oeuvre. (shrink)
Luck, Value, and Commitment comprises eleven new essays which engage with, or take their point of departure from, the influential work in moral and political philosophy of Bernard Williams (1929-2003).
Bernard E. Rollin: Putting the Horse Before Descartes: My Life’s Work on Behalf of Animals Content Type Journal Article Pages 1-6 DOI 10.1007/s10806-011-9316-4 Authors Lantz Miller, City University of New York, New York, NY, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.
This paper argues that in focusing on the problem of whether, and if so how, rules of law exist, legal theory endangers its capacity to both account for and evaluate how law accompanies a community in its adaptation to emerging social problems. Two classical works of legal theory are analysed, Hans Kelsen's Pure Theory of Law and HLA Hart's The Concept of Law, with a view to revealing the weaknesses of a legal theoretical approach aimed at describing the conditions (...) under which norms or rules exist as laws. An alternative is offered in the name of the concept of qualifiers. This concept is elaborated upon by reference to the work of GEM Anscombe, Bernard Jackson and Geoffrey Samuel, and an attempt is made to show how the concept of qualifiers can refocus the emphasis of legal theory on the more or less successful use of legal language by members of a legal community for the purposes of proposing legal solutions to social problems. Ultimately, the concept of qualifiers offers not only a different way of thinking about legal language, but also a different way of thinking about the limited role of language in theorising about any sort of phenomenon, including law. (shrink)
This paper represents a preliminary investigation relating Bernard Lonergan’s thought to health science and the healing arts. First, I provide background for basic elements of Lonergan’s theoretical terminology that I employ. As inquiry is the engine of Lonergan’s method, next I specify two questions that underlie medical insights and define several terms, including health, disease, and illness, in relation to these questions. Then I expand the frame of reference to include all disciplines involved in the cycle of clinical interaction (...) under the heading health science and the healing arts. Finally, I analyze the cycle of clinical interaction in terms of Lonergan’s cognitive theory. I compare and contrast my analysis, based on Lonergan, with that of Pellegrino, Thomasma and Sulmasy as I proceed. In closing, I comment briefly on the next stage of this project regarding Lonergan’s theory of the human good in relation to the practice of the healing arts. (shrink)
On the basis of his acquaintance with theoretical elementary particle physics, and following the lead of Thomas Torrance, John Polkinghorne maintains that the data upon which a science is based, and the method by which it treats those data, must respect the idiosyncratic nature of the object with which the science is concerned. Polkinghorne calls this the "accommodation" (or "conformity") of a discipline to its object. The question then arises: What should we expect religious experience and theological method to be (...) like if they are accommodated to the idiosyncratic nature of God? Polkinghorne's methodological program is typical of postcritical positions in the theology-science dialogue in holding that the fiduciary element in theological method is simply a species of the fiduciary element that is a de facto part of all knowing—in other words, theological method does not differ in fundamental kind from the methods of the natural sciences. But this program may contain the seeds of an alienation of theological method from the transcendence of God similar to the double self-alienation of theology described by Michael Buckley in At the Origins of Modern Atheism. I contend that something like Bernard Lonergan's position on how the method of faith seeking understanding is related to the methods of the natural sciences is exactly the sort of thing that one should expect on the supposition of Polkinghorne's principle of accommodation, at least if the God who is the object of theological science is transcendent. The way in which the divine differs from all other objects ought to be disclosed or reflected in religious experience and theological method. Polkinghorne charts the course for an accommodated theology, but it seems to be Lonergan who is more intent on following it. (shrink)
Hart's "Ascription of Responsibility and Rights" is where we find perhaps the first clear pronouncement of defeasibility and the technical introduction of the term. The paper has been criticised, disavowed, and never quite fully redeemed. Its lurid history is now being used as an excuse for dismissing the importance of defeasibility.
According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on (...) a shared understanding between participants in a project perceived by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward in The Concept of Law and On Law and Justice are very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality. (shrink)
Bernard MacDougall Loomer (1912–1985) is well known for his influence on process theology, or as he preferred, “process-relational” theology. Less well known is his interpretation of the philosophy of Alfred North Whitehead (1861–1947) and its influence in the promotion of that philosophy not only among his students but also more recently beyond that circle. He presents his own views as one who has made Whitehead’s his own. Yet he is not uncritical of Whitehead. He has articulated an empirical naturalism (...) in Whiteheadian terms that is theistic and controversial by that fact. The analysis of his interpretation of Whitehead allows us to probe his theistic naturalism and to identify new possibilities in the .. (shrink)
Raymund Schwager SJ suggested a dramatic way of looking at the Christ event, as recorded in the New Testament, in order to clarify the meaning of it and provide a coherent picture. Bernard Lonergan SJ developed a theological methodology for our day. In this article, the author tries to determine how Schwager's approach relates to Lonergan's methodology. He wants to investigate the question: what functional specialty is Schwager engaged in in his main work? The answer shall be that this (...) is foundations. The author of the article proceeds by (1) introducing the most important elements of Schwager's dramatic understanding of the Christ event and (2) of Lonergan's methodology, and then by linking them with one another; (3) he will try to show how Schwager's subdivision of the Christ event into five acts brings out the contours of Jesus' struggle with his opponents as an instance of dialectic in Lonergan's sense; (4) that the Easter experience will be construed as a new, foundational, act that objectifies conversion to human authenticity; and that (5) by discerning all this in the Christ event dramatic theology defines soteriology as the horizon within which Christian doctrines and systematics have to stand and elucidates the way soteriology should be construed; that way dramatic theology determines itself as a foundational enterprise. For the author of the article, this constitutes an exemplary case of the genesis of special theological categories. /// Segundo o artigo, Raymund Schwager SJ propôs um modo dramático de encarar o acontecimento crístico, tal como o mesmo nos é relatado nos textos do Novo Testamento, em ordem a clarificar o seu sentido e a oferecer-nos uma imagem coerente do mesmo. Por seu lado, Bernard Lonergan SJ desenvolveu uma metodologia teológica adequada às exigências do nosso tempo. Assim, o autor do artigo propõe-se determinar de que modo a abordagem de Schwager está relacionada com a metodologia de Lonergan. O seu objectivo é investigar a seguinte questão: qual é a especialidade funcional com que Schwager se compromete na sua principal obra? A resposta será que se trata das fundações. Com isso, o artigo desenvolve-se da seguinte maneira: (1) introdução dos elementos mais importantes na compreensão dramática de Schwager acerca do acontecimento crístico; (2) introdução dos elementos mais importantes da metodologia lonerganiana, para depois os relacionar um ao outro; (3) mostrar de que modo a subdivisão de Schwager do acontecimento crístico em cinco actos é capaz de trazer ao de cima os contornos da luta de Jesus com os seus opositores como uma instância dialéctica no sentido de Lonergan; (4) mostrar de que modo a experiência pascal pode ser construída como um novo, e fundacional, acto que objectiva a conversão à autenticidade humana; (5) mostrar até que ponto mediante o discernimento de tudo isto no acontecimento crístico, a teologia dramática define a soteriologia como o horizonte dentro do qual as doutrinas cristãs e a sistemática teológica têm de se afirmar e elucida o modo como a sotereologia tem de ser construída. Deste modo, a teologia dramática determina-se a si mesma como um empreendimento fundacional. Para o autor do artigo, trata-se aqui de um caso exemplar no que respeita à génese de categorias teológicas especiais. (shrink)
The question that arises in this article is whether we can find elements of phenomenology in Bernard Lonergan’s Trinitarian theology.With help of other Lonergan scholars, I have discovered that modern thinking plays an important role in the theology and philosophy ofthis Jesuit author. Moreover, the terminology of modern philosophy coexists with the terminology of classical and especially Tomisticthought. This article is interested in the elements that Lonergan takes from the modern philosophy and emphasizes the centrality ofHusserlian phenomenology among the (...) other modern authors used by Lonergan. Following the research of the Jesuit thinker, I speakabout two parallel realities coexisting in his Trinitarian theology. Lonergan tries to realize their synthesis, but at the same time healso recognizes their distinctiveness. The most relevant result of this coexistence is obtained through the replacement of the metaphysical differentiation between the level of substance and the level of the three Persons, so that, instead of having the elements of classical theology, Lonergan predicates at the same time that God subsists as well as the Trinitarian Persons subsist. Through this assertion he emphasizes the identity between God’s existence and the existence of the three divine Persons, and eliminates the classical differentiation that might be closer to the danger of subordinating the three Persons to the one God. (shrink)
In light of recent interest among political theorists in the idea of political realism, Judith Shklar’s liberalism of fear has come to be associated with anti-Rawlsian thought. This paper seeks to show that, on the contrary, Shklar’s specific formulation of political realism, unlike more recent variations, was not motivated by a critique of Rawls. This paper will address three concerns: first, it will show what exactly Shklar’s initial realism was responding to; second, it will consider the implications of this realism (...) for thinking about liberal democracies; third, it will attempt, briefly, in light of this, to make sense of her relationship with Rawls and, in turn, through a comparison with Bernard Williams’s thought, her relationship to anti-Rawlsian political realism. (shrink)
This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that (...) were tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. (shrink)
There has been a great deal of interest in medieval action theory in recent years. Nonetheless, relatively little work has been done on figures prior to the so-called High Middle Ages, and much of what has been done has focused on better-known thinkers, such as Augustine and Anselm. By comparison, Bernard of Clairvaux's treatise, De gratia et libero arbitrio has been neglected. Yet his treatise is quoted widely by such important scholars as Philip the Chancellor, Alexander of Hales, and (...) Albertus Magnus. Some historians of philosophy argue that his writings inspired the voluntarist movement that developed in the 1270s. Thus, Bernard must be seen as an important influence upon later medieval theories of action. In this paper, I examine the basic structure of his interesting account of human action and its freedom and conclude by raising some further issues connected to his work. /// Nos últimos anos assistiu-se a uma retoma do interesse pela teoria medieval da acção. Apesar disso, poucos estudos têm versado sobre os pensadores anteriores à assim chamada Alta Idade Média, para além de que esses estudos se debruçam sobretudo sobre os filósofos mais conhecidos, como é o caso de Agostinho e de Anselmo. Comparativamente, o tratado de S. Bernardo de Claraval, De gratia et libero arbítrio, não tem suscitado muita atenção crítica. Contudo, numerosos pensadores citaram este tratado, entre eles Filipe o Chanceler, Alexandre de Hales, e Alberto Magno. Vários histonadores da filosofia têm avançado a tese de que os escritos de Bernardo influenciaram o movimento voluntarista que se desenvolveu nos anos 1270. Nesse sentido, as ideias de Bernardo de Claraval tiveram um certo impacto sobre as teorias da acção que haveriam de aparecer mais tarde. No presente artigo, a autora examina as ideias do pensador medieval sobre a acção humana e a sua liberdade, terminando com o levantar de algumas novas questões sobre o tratado de Bernardo de Claraval. (shrink)
Following Mr. Bixby and some other 19th century scientist-philosophers such as Claude Bernard, relevant scientific actions should, as a matter of primary importance, be explained with reference to the competence and not to the intentions of those involved. The background is a reliabilist virtue approach - a widespread tendency in 19th century epistemology and philosophy of science. Bixby's approach includes a critique of some constructivist arguments and establishes a mutually supportive connection to conceptions of scientific progress.
"The only way not to to make mistakes is to wait until history has passed you by," states Bernard-Henri Lévy. But he doesn't like to wait. And that's why 'BHL', armed with a cell phone and raybans, takes off for political hot spots.""Je t'embrasse." The philosopher ends the phone call and places the tiny Ericsson cell phone on the table next to his Ray Bans. He turns to his interviewers: "Where were we?"For a moment they are lost, distracted by (...) the question of who BHL may have been 'embracing'. His wife? His mistress? Perhaps a student of French picked up casually during his lightning visit to The Netherlands? (shrink)
This paper achieves two general objectives. It first analyses Bernard Hodgson's "Economic As Moral Science" as a path-breaking internal critique of neo-classical economic theory, and it then demonstrates that the underlying neo-classical paradigm he presupposes suffers from a deeper-structural myopia than his standpoint recognizes. EMS mainly exposes the a priori moral prescriptions underlying orthodox consumer choice theory - namely, its classical utilitarian ground and four or, as argued here, five hidden universal categorical-ought prescriptions which the theory presupposes as (...) instrumental imperatives: (1) comparability evaluations by all consumer judgements; (2) non-satiety of consumer desire; (3) consistency and transitivity of consumer preferences; (4) diminishing rate of marginal substitution by consumer choice; and (5) an unlimited aggregate growth of commodity production, or "the liberal growth ethic". The article argues that Hodgson's refutation of the neo-classical claims of "value neutral scientific method" is sound, that his bridging of the Humean reason-desire divide by the "rational review" of wants is resonantly demonstrated, and that his argument for conversion of an "a priori-cum-normative-cum-idealized" neoclassical theory into scientific status is logically plausible but morally abhorrent. The principal objection to Hodgson's magisterial exposé of neo-classical doctrine's moral a priorism is that the latter's normative presuppositions are profoundly deranged at a level that he himself assumes as given. In consequence, there is theoretical closure at three levels: (1) to the underlying "life economy" of non-priced and non-profit production and distribution of goods otherwise in short supply; (2) to the "civil commons" infrastructure sustaining these non-commodity systems of social and ecological production and distribution; and (3) to the systemic despoiling of both by monetized market mechanisms which are falsely assumed as the defining limits of "the economy". (shrink)