While contemporary feminist philosophical discussions focus on the oppressiveness of universality which obliterates "difference," the complete demise of universality might hamper feminist philosophy in its political project of furthering the well-being of all women. Dewey's thoroughly functionalized, relativized, and fallibilized understanding of universality may help us cut universality down to size while also appreciating its limited contribution. Deweyan universality may signify the ongoing search for a genuinely common language in the midst of difference.
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.
John Carroll undertakes a careful philosophical examination of laws of nature, causation, and other related topics. He argues that laws of nature are not susceptible to the sort of philosophical treatment preferred by empiricists. Indeed he shows that emperically pure matters of fact need not even determine what the laws are. Similar, even stronger, conclusions are drawn about causation. Replacing the traditional view of laws and causation requiring some kind of foundational legitimacy, the author argues that these phenomena are (...) inextricably intertwined with everything else. This distinctively clear and detailed discussion of what it is to be a law will be valuable to a broad swathe of philosophers in metaphysics, the philosophy of mind, and the philosophy of science. (shrink)
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)
Counterfactuals all the way down? Content Type Journal Article DOI 10.1007/s11016-010-9437-9 Authors Jim Woodward, History and Philosophy of Science, 1017 Cathedral of Learning, University of Pittsburgh, Pittsburgh, PA 15260, USA Barry Loewer, Department of Philosophy, Rutgers University, New Brunswick, NJ 08901, USA John W. Carroll, Department of Philosophy and Religious Studies, North Carolina State University, Raleigh, NC 27695-8103, USA Marc Lange, Department of Philosophy, University of North Carolina at Chapel Hill, CB#3125—Caldwell Hall, Chapel Hill, NC 27599-3125, USA Journal Metascience (...) Online ISSN 1467-9981 Print ISSN 0815-0796 Journal Volume Volume 20 Journal Issue Volume 20, Number 1. (shrink)
A selection of essays written by one of the leading critics of film over the last two decades, this volume examines theoretical aspects of film and television through penetrating analyses of such genres as soap opera, documentary, comedy, and such topics as 'sight gags', film metaphor, point-of-view editing, and movie music. Throughout, individual films are considered in depth. Carroll's essays, moreover, represent the cognitivist turn in film studies, containing in-depth criticism of existing approaches to film theory, and heralding a (...) new approach. (shrink)
We live in a world dominated by mass art. Movies, TV, pulp literature, comics, rock music -- both broadcast and recorded -- surround us everywhere in the industrialized world and beyond. However, despite the fact that for the majority mass art supplies the primary source of aesthetic experience, the area has been neglected entirely by analytic philosophers of art. -/- In A Philosophy of Mass Art, Noël Carroll, a leading figure in the field of aesthetic philosophy, attempts to address (...) this lacuna. He shows why philosophers have previously resisted and/or misunderstood mass art and he develops frameworks for understanding the relation of mass art to the emotions, morality, and ideology; discussing the accounts of such theorists in the field as Collingwood, Adorno, Benjamin, McCluhan, and Fiske. -/- Mixing conceptual analysis with many vivid examples, the author proposes the first significant attempt at a philosophy of mass art in the analytical tradition, concluding there are strong grounds for approaching mass art in the same fashion as high art. (shrink)
Extrapolating from Carroll’s four domains of corporate social responsibility (1979) and Pyramid of CSR (1991), an alternative approach to conceptualizing corporate social responsibility (CSR) is proposed. A three-domain approach is presented in which the three core domains of economic, legal, and ethical responsibilities are depicted in a Venn model framework. The Venn framework yields seven CSR categories resulting from the overlap of the three core domains. Corporate examples are suggested and classified according to the new model, followed by a (...) discussion of limitations and teaching and research implications. (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)
Beyond Aesthetics brings together philosophical essays addressing art and related issues by one of the foremost philosophers of art at work today. Countering conventional aesthetic theories - those maintaining that authorial intention, art history, morality and emotional responses are irrelevant to the experience of art - Noël Carroll argues for a more pluralistic and commonsensical view in which all of these factors can play a legitimate role in our encounter with art works. Throughout, the book combines philosophical theorizing with (...) illustrative examples including works of high culture and the avant-garde, as well as works of popular culture, jokes, horror novels, and suspense films. (shrink)
An award-wining biologist takes us on the dramatic expeditions that unearthed the history of life on our planet. Just 150 years ago,most of our world was an unexplored wilderness.Our sense of how old it was? Vague and vastly off the mark. And our sense of our own species’ history? A set of fantastic myths and fairy tales. Fossils had been known for millennia, but they were seen as the bones of dragons and other imagined creatures. In the tradition of The (...) Microbe Hunters and Gods, Graves, and Scholars, Sean Carroll’s Remarkable Creatures celebrates the pioneers who replaced our fancies with the even more amazing true story of how our world evolved. Carroll recounts the most important discoveries in two centuries of national history — from Darwin’s trip around the world to CharlesWalcott’s discovery of pre-Cambrian life in the Grand Canyon; from Louis and Mary Leakey’s investigation of our deepest past in East Africa to the trailblazers in modern laboratories who have located a time clock in our DNA. Join him in a rousing voyage of discovery, from the epic journeys of pioneering naturalists to the breakthroughs making headlines today. (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 this essay, then, I would like to address what I believe are the most compelling epistemic arguments against the notion that literature (and art more broadly) can function as an instrument of education and a source of knowledge.
In this article, “Narrative Closure,” a theory of the nature of narrative closure is developed. Narrative closure is identified as the phenomenological feeling of finality that is generated when all the questions saliently posed by the narrative are answered. The article also includes a discussion of the intelligibility of attributing questions to narratives as well as a discussion of the mechanisms that achieve this. The article concludes by addressing certain recent criticisms of the view of narrative expounded by this article.
Some scientists try to discover and report laws of nature. And, they do so with success. There are many principles that were for a long time thought to be laws that turned out to be useful approximations, like Newton’s gravitational principle. There are others that were thought to be laws and still are considered laws, like Einstein’s principle that no signals travel faster than light. Laws of nature are not just important to scientists. They are also of great interest to (...) us philosophers, though primarily in an ancillary way. Qua philosophers, we do not try to discover what the laws are. We care about what it is to be a law, about lawhood, the essential difference between something’s being a law and something’s not being a law. It is one of our jobs to understand lawhood and convey our understanding to others. (shrink)
Wuthering Heights has proved exceptionally elusive to interpretation. By foregrounding the idea of human nature, Darwinian literary theory provides a framework within which we can assimilate previous insights about Wuthering Heights , delineate the norms Brontë shares with her projected audience, analyze her divided impulses, and explain the generic forms in which those impulses manifest themselves. Brontë herself presupposes a folk understanding of human nature in her audience. Evolutionary psychology converges with that folk understanding but provides explanations that are broader (...) and deeper. In addition to its explanatory power, a Darwinian approach has a naturalistic aesthetic dimension that is particularly important for interpreting Wuthering Heights. (shrink)
In this article I divide theories of aesthetic experience into three sorts: the affectoriented approach, the axiologically oriented approach, and the content-oriented approach. I then go on to defend a version of the content-oriented approach.
Art, Emotion, and Ethics is a brilliant book with many important, useful, insightful, and even profound things to say about a range of topics including the relation of the imagination to art, understanding, and ethics, and the paradox of fiction, as well as sensitive and in-depth interpretations of masterpieces by the likes of Rembrandt and Nabokov. It is very convincing in its jousts with autonomists for people like me who favor the view that sometimes ethical blemishes are aesthetic blemishes and (...) sometimes ethical merits count as aesthetic merits. But that is because I am not an autonomist or even a moderate autonomist. (shrink)
Philosophers and theologians acknowledge that "fideism" is difficult to define but rarely agree on what the best characterization of the term is. In this article, I investigate the history of use of "fideism" to explore why its meaning has been so contested and thus why it has not always been helpful for resolving philosophical problems. I trace the use of the term from its origins in French theology to its current uses in philosophy and theology, concluding that "fideism" is helpful (...) in resolving philosophical problems only when philosophers scrupulously acknowledge the tradition of use that informs their understanding of the word. (shrink)
While narrative has been one of liveliest and most productive areas of research in literary theory, discussions of the nature of emotional responses to art and of the cognitive value of art tend to concentrate almost exclusively on the problem of fiction: How can we emote over or learn from fictions? Narrative, Emotion, and Insight explores what would happen if aestheticians framed the matter differently, having narratives—rather than fictional characters and events—as the object of emotional and cognitive attention. The book (...) thus opens up new possibilities for approaching questions about the ethical, educative, and cultural value of art. The nine essays in this volume introduce the study of narrative to contemporary aesthetics. (shrink)
Philosophy of Art is a textbook for undergraduate students interested in the topic of philosophical aesthetics. It aims to introduce the techniques of analytic philosophy in addition to a selection of the major topics in this field of inquiry. These include the representational theory of art, formalism, neo-formalism, aesthetic theories of art, neo-Wittgensteinism, the Institutional Theory of Art, as well as historical approaches to the nature of art. Throughout the book, abstract philosophical theories are illustrated by examples of both traditional (...) and contemporary art, thereby enriching the readers understanding of art theory as well as the appreciation of art. (shrink)