The book combines philosophical exposition and legal analysis, and pays special attention to issues of tort law.

This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.

Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers.

In 2015, the predominantly visible minority immigrant community of Herongate, in Ottawa, Ontario, was slated for redevelopment by its landlord, Timbercreek Asset Management. This redevelopment involved mass eviction of the incumbent tenants, demolition of the existing affordable housing and its replacement with luxury rentals, which, by all indications, are beyond the financial reach of the former Herongage tenants. This paper seeks to problematize large-scale residential real estate redevelopment in Canada and examine its impact, using the Herongate situation as a case (...) study. Among other things, it profiles the Herongate community, its history and present redevelopment, and explores the legal framework, and the limits thereof, constraining mass evictions of this type in Ontario. The findings indicate that the selection of Herongate for redevelopment was not fortuitous; generally, racialized and immigrant communities like Herongate are disproportionately likely to be selected for large-scale redevelopment projects, and thus subjected to mass-evictions. Further results suggest that the dissolution of the Herongate community – and the attendant dislocation of its members – has exacted a pronounced social and economic toll and compounded the racial discrimination already experienced by the former Herongate residents, most of whom are visible minorities. The paper concludes with an appeal to imbue the redevelopment process with a greater regard for social justice, and a right to housing as a policy solution to address the injustice caused by real estate redevelopment. (shrink)

People often choose intuitive rather than equally valid nonintuitive alternatives. The authors suggest that these intuitive biases arise because intuitions often spring to mind with subjective ease, and the subjective ease leads people to hold their intuitions with high confidence. An investigation of predictions against point spreads found that people predicted intuitive options more often than equally valid nonintuitive alternatives. Critically, though, this effect was largely determined by people's confidence in their intuitions. Across naturalistic, expert, and laboratory samples, against personally (...) determined point spreads, and even when intuitive confidence was manipulated by altering irrelevant aspects of the decision context, the authors found that decreasing intuitive confidence reduced or eliminated intuitive biases. These findings indicate that intuitive biases are not inevitable but rather predictably determined by contextual variables that affect intuitive confidence. (shrink)

We present two experiments that cast doubt on existing evidence suggesting that it is impossible to suspend belief in a comprehended proposition. In Experiment 1, we found that interrupting the encoding of a statement's veracity decreased memory for the statement's falsity when the false version of the statement was uninformative, but not when the false version was informative. This suggests that statements that are informative when false are not represented as if they were true. In Experiment 2, participants made faster (...) lexical decisions to words implied by preceding statements when they were told that the statements were true than when the veracity of the statements was unknown or when the statements were false. The findings suggest that comprehending a statement may not require believing it, and that it may be possible to suspend belief in comprehended propositions. (shrink)

By utilizing the concept of quantum decoherence, augmented by the novel theory of quantum Darwinism, to understand the transition from the quantum to the classical worlds, the scaling up of the concept of quantum entanglement2018 to the biological level offers a fascinating metaphor for the presence of the creative spirit in nature and the “flesh” of Incarnation. This in turn provides helpful theological metaphors for articulating divine presence at the level of life in theistic evolution, partially addressing the issue of (...) evolutionary theodicy by supporting the concept of deep Incarnation. The point of understanding the Incarnation as deeply entangled enfleshment is that it brings the suffering of creation into the life of the Redeemer as well as the Creator, facilitating redemption and hope through the divine life. (shrink)

Sustainability informs the framework for a seminar that we teach for junior and senior undergraduates entitled "The Ethics and Economics of Sustainable Societies." One of the class requirements has each student research and write a life-cycle case study, an exercise in which they trace the full, or partial, life-cycle of some product with which they are familiar. Students are expected to examine the economic, ethical, and ecological implications along each step in the life-cycle of the product. We believe that life-cycle (...) cases in general are very helpful in revealing the full economic, ethical, and ecological consequences of product development, marketing, use, and disposal. We also believe that asking students to research the product themselves provides additional pedagogical benefits. After a brief review of the philosophical case for our alternative view of corporate social responsibility, we will describe the life-cycle case method, offer several examples from our own classes, and make the case for the pedagogical benefits of this approach. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number (...) of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

This book has been considered by academicians and scholars of great significance and value to literature. This forms a part of the knowledge base for future generations. So that the book is never forgotten we have represented this book in a print format as the same form as it was originally first published. Hence any marks or annotations seen are left intentionally to preserve its true nature.

The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals (...) for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?"Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag. (shrink)

Hume'sDialogues Concerning Natural Religion are still much with us. What appears to be the definitive edition was published by Professor Norman Kemp Smith in 1935 with a learned introduction which, among other things, assembled a mass of evidence pointing to the conclusion that Philo is to be identified with Hume himself, and that Hume in the Dialogues is deliberately trying to undermine the religious hypothesis. Though these conclusions have been widely accepted, Dr. B. M. Laing, in the April issue of (...) Philosophy, strenuously attacked them in an ingenious argument based in part on his already published thesis that Hume's fundamental philosophy is not really the scepticism so long assigned him. Dr. Laing takes the opportunity in passing to indicate his sympathy with the recent position of a distinguished British poet that Voltaire, also, has been traditionally abused in the assumption that on the question of religion he wrote with his tongue in his cheek. The present examination is not designed to inquire into this new mode of making the wicked pious; nor to push the question back from the Dialogues to Hume's basic philosophy; nor to press the writer's conviction [“The Enigma of Hume,” Mind, XLV pp. 334–349] that not only is Philo to be identified as Hume, but in addition, Cleanthes as Joseph Butler, and Demea as Samuel Clarke. The present purpose is solely to indicate certain unhistorical bases of Dr. Laing's attack on the more traditional view so ably championed by Professor Norman Kemp Smith. (shrink)

In “Reliabilism Leveled” Jonathan Vogel (2000) provides a strong case against epistemic theories that stress the importance of tracking/sensitivity conditions. A tracking/sensitivity condition is to be understood as some version of the following counterfactual: (T) ~p oÆ ~Bp (T) says that s would not believe p, if p were false. Among other things, tracking is supposed to express the external relation that explains why some justified true beliefs are not knowledge. Champions of the condition include Robert Nozick (1981) and, more (...) recently, Keith DeRose (1995). To my knowledge, the earliest formulation of the counterfactual condition is found in Fred Dretske’s conclusive reasons condition (1971), which says, s would not have had the reason that she does for believing p, if p were false. Vogel contends that any such counterfactual condition on knowledge will render the theory of knowledge too strong. He believes that there is at least some possible reflective knowledge that cannot satisfy the counterfactual--viz., the possible knowledge that one does not believe falsely that p. The alleged impossibility of such reflective knowledge is taken by Vogel to be a decisive objection to the tracking theories advocated by Dretske, Nozick, DeRose1 and others. The criticism finds its roots in Vogel’s earlier work (1987), and recurs in papers by Ernest Sosa (2002, 1996). Sosa suggests that the externalist idea behind tracking is on target, but that Nozick’s counterfactual is a misbegotten regimentation of the idea. In its place Sosa offers his own counterfactual “safety” condition, which he feels properly captures the externalist idea. Sosa’s counterfactual is not the topic of this paper. I mention it only to point out that the criticism that constitutes the subject of my investigation is meant to do a lot of work. In Sosa’s 1 case the criticism is meant to motivate his own counterfactual analysis, and in Vogel’s case the criticism promises to be a silver bullet against a theory that has recently found renewed life in the work of Keith DeRose.. (shrink)

The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals (...) for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?" Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag. (shrink)

Abstract and Introduction. This essay is an attempt to dispense with the negative aspects of Romanticism and examine whatever positive it has to offer--in the light of ideas scattered through diverse writings of Ernest Gellner.

Hume's Dialogues Concerning Natural Religion are still much with us. What appears to be the definitive edition was published by Professor Norman Kemp Smith in 1935 with a learned introduction which, among other things, assembled a mass of evidence pointing to the conclusion that Philo is to be identified with Hume himself, and that Hume in the Dialogues is deliberately trying to undermine the religious hypothesis. Though these conclusions have been widely accepted, Dr. B. M. Laing, in the April issue (...) of Philosophy , strenuously attacked them in an ingenious argument based in part on his already published thesis that Hume's fundamental philosophy is not really the scepticism so long assigned him. Dr. Laing takes the opportunity in passing to indicate his sympathy with the recent position of a distinguished British poet that Voltaire, also, has been traditionally abused in the assumption that on the question of religion he wrote with his tongue in his cheek. The present examination is not designed to inquire into this new mode of making the wicked pious; nor to push the question back from the Dialogues to Hume's basic philosophy; nor to press the writer's conviction [“The Enigma of Hume,” Mind , XLV pp. 334–349] that not only is Philo to be identified as Hume, but in addition, Cleanthes as Joseph Butler, and Demea as Samuel Clarke. The present purpose is solely to indicate certain unhistorical bases of Dr. Laing's attack on the more traditional view so ably championed by Professor Norman Kemp Smith. (shrink)

Ernest Sosa has suggested that we distinguish between animal knowledge, on the one hand, and reflective knowledge, on the other. Animal knowledge is direct, immediate, and foundationally structured, while reflective knowledge involves a knower's higher‐order awareness of her own mental states, and is structured by relations of coherence. -/- Although Sosa's distinction is extremely appealing, it also faces serious problems. In particular, the sorts of processes that would be required for reflective knowledge, as Sosa understands it, are not processes (...) that are instantiated in human cognition. -/- I argue that the problems facing Sosa's notion of reflective knowledge stem from treating human cognitive processes individualistically. They stem from what I will term Sosa's perspective of methodologically individualistic noetic explanation—or MINE. -/- I suggest that these problems disappear if we expand the scope of what counts as cognitive processes to include socially distributed cognitive processes, if we adopt a framework of other‐derived united reflective self‐evaluation—or OURS. -/- In other words, I'll suggest that a solution to the problems facing the distinction between animal and reflective knowledge may be found in a shift of perspective from MINE to OURS. (shrink)

The concept of mental disease has broadened considerably in the last few years. Many mental states that were not previously considered problematic now fall under the category of disease. The most notable example is anxiety. Anxiety disorders are the most prevalently treated mental disease. The current social and psychiatric authorities emphasize the negativity of the affective state and recommend methods by which the state can be avoided. The problem with these approaches is that they do not recognize the functional role (...) of anxiety in the life of the individual. Anxiety is a stimulus for growth and individuation, but this growth can only occur when the anxiety-provoking situation is altered for the better. The theories of Søren Kierkegaard, Ernest Schachtel, and Kurt Goldstein will be called upon to support the theory that anxiety is inherent in personal growth. It is ultimately argued that eliminating anxiety creates static individuals in a static society and is harmful to both individual and social progress. (shrink)

This is the first book to offer the best essays, articles, and speeches on ethics and intelligence that demonstrate the complex moral dilemmas in intelligence collection, analysis, and operations. Some are recently declassified and never before published, and all are written by authors whose backgrounds are as varied as their insights, including Robert M. Gates, former Director of the Central Intelligence Agency; John P. Langan, the Joseph Cardinal Bernardin Professor of Catholic Social Thought at the Kennedy Institute of Ethics, (...) Georgetown University; and Loch K. Johnson, Regents Professor of Political Science at the University of Georgia and recipient of the Owens Award for contributions to the understanding of U.S. intelligence activities. Creating the foundation for the study of ethics and intelligence by filling in the gap between warfare and philosophy, this is a valuable collection of literature for building an ethical code that is not dependent on any specific agency, department, or country. (shrink)

This collection of essays is a Festschrift for Ernest W. Adams, and is based on a symposium that was held in his honor in 1993. As the title suggests, most of the essays focus on probability and the logic of conditionals, and the relationship between them; they draw their inspiration from Adams’s seminal work on the subject. As a computer scientist, I was struck by just how much the topics discussed play a major role in much recent work in (...) computer science, and how relevant much recent work in computer science is to some of the issues discussed here. (shrink)

This collection of essays is a Festschrift for Ernest W. Adams, and is based on a symposium that was held in his honor in 1993. As the title suggests, most of the essays focus on probability and the logic of conditionals, and the relationship between them; they draw their inspiration from Adams’s seminal work on the subject. As a computer scientist, I was struck by just how much the topics discussed play a major role in much recent work in (...) computer science, and how relevant much recent work in computer science is to some of the issues discussed here. (shrink)