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 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)
Social contract theory has been criticized as a “theory in search of application.” We argue that incorporating the nano, or individual, level of analysis into social contract inquiry will yield more descriptive theory. We draw upon the psychological contract perspective to address two critiques of social contract theory: its rigid macro-orientation and inattention to the process of contract formation. We demonstrate how a psychological contract approach offers practical insight into the impact of social contracting on day-to-day human interaction. We then (...) articulate several potentially testable propositions that emerge from this nano-level perspective. (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)
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)
The philosopher John J. McDermott comes out of the long American tradition that takes the aim of philosophical inquiry to be interpretation of the open meanings of experience, so that we might all live fuller and richer lives. Here, the authors of these nine essays explore his highly original interpretations of philosophy's various questions about our shared existence. How are we to understand the nature of American culture and to carry forward its important contributions? What is the personal importance (...) of embodiment, of living in the realization of death? How does our physical and personal environment nourish bodies and spirits? What does the deliberate pursuit of a morality offer us? How can we carry forward the fundamental tasks of education to enable those who follow us to use our shared past to address their civic and spiritual problems? What are the possibilities for community? Together, these essays offer a clear, multi-layered understanding of the compelling vision that McDermott has presented over the years. In an Afterword, McDermott responds to the authors' queries and concerns, offering a restatement of his understanding of the American philosopher's task. These essays indicate, and McDermott's response confirms, that for him philosophy is not a purely cerebral activity. Philosophy is, rather, an intellectual means of exploring the fullness of human experience, and it functions best when it operates in the context of the broad sweep of the humanities. Similarly, for McDermott the self is no given substantial entity. On the contrary, it is relational, rooted geographically and socially in its place and its fellows, and damaged when these life-giving processes fail. Further, McDermott does not accept any ultimate canopy of meaning. The human journey is a personal project within which provisional meanings must be created to sustain our advance. (shrink)
Terence Hutchison's 1938 essay has been variously interpreted as introducing positivism, ultra?empiricism and Popperian falsificationism into economics. This paper argues that such interpretations are unfair and inaccurate. Moreover, they distract from his central message. The paper is divided into three main sections. The first seeks to demonstrate the extent to which Hutchison's essay differs from these previous interpretations. The second argues that Hutchison's central concern was to highlight and demonstrate the inadequacies of the traditional deductive method of ?classical? economics. (...) The third contends that Hutchison is best interpreted as following in a long line of British empiricists and outlines some features of the ?empirical?inductive? approach that he supports. (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)
The pigeonholing of Hutchison's methodology as positivist, ultra-empiricist or Popperian has militated against a full appreciation of his more complex position. In this as-verbatim-as-possible account of an afternoon's discussion with Hutchison, it is the directly personal manner in which we gain insights, rather than simply the insights themselves, that we hope will help towards a re-assessment. We learn of his non-positivist view that economics is an empirical-historical discipline distinct from the natural sciences; and his rejection of Popper's view that prediction (...) in economics can and should be based on laws like the law of gravity. We hear of his wariness of relying on the hypothetico-deductivist methods of Popper and later positivists in a subject such as economics, and his support instead for the methodological views of Jacob Viner and the inductive methods associated with the historically and institutionally detailed approaches of Cliffe Leslie, Wesley Clair Mitchell and Henry Phelps Brown. (shrink)
We prove the Main Gap for the class of a -models (sufficiently saturated models) of an arbitrary stable 1-based theory T . We (i) prove a strong structure theorem for a -models, assuming NDOP, and (ii) roughly compute the number of a -models of T in any given cardinality. The analysis uses heavily group existence theorems in 1-based theories.
"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 person arguably most responsible for the view of Hutchison as the positivist who introduced positivism into economics was Frank Knight. I argue that Knight in 1940 failed to demonstrate that Hutchison was a positivist, at least in the narrow logical positivist sense of the term. By questioning Knight's charge, I aim to challenge the conventional wisdom that identifies ?Hutchison? with ?positivism?. The paper is then a first step in the argument that positivism, even in 1938, played only an (...) inessential role in a consistent methodological position that Hutchison developed alongside his work in the history of economic thought. (shrink)
Social contract theory has been criticized as a “theory in search of application.” We argue that incorporating the nano- or individual level of analysis into social contract inquiry will yield more descriptive theory. We draw upon the psychological contract perspective to address two critiques of social contract theory: its rigid macro orientation and inattention to the process of contract formation. We demonstrate how a psychological contract approach offers practical insight into the impact of social contracting on day-today human interaction.
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.
Martha Nussbaum has claimed that it is possible for a moral agent to be confronted, through no fault of his own, with an irresolvable conflict between his moral duties; and cites Kant as someone who takes the opposing view. Kant did indeed take the view that conflict between duties was inconceivable, but Nussbaum has failed to grasp his main reason for doing so, namely the principle that ‘ought’ implies ‘can’. When that principle is properly understood it can be seen that (...) a Kantian account, or one drawing upon Kantian resources, can make more sense of our being confronted, seemingly, by incompatible duties than the account Nussbaum herself offers. (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)
Although business ethicists have theorized frequently about the virtues and vices of employee loyalty, the concept of loyalty remainsloosely defined. In this article, we argue that viewing loyalty as a cognitive phenomenon—an attitude that resides in the mind of theindividual—helps to clarify definitional inconsistencies, provides a finer-grained analysis of the concept, and sheds additional light on theethical implications of loyalty in organizations. Specifically, we adopt the psychological contract perspective to analyze loyalty’s cognitivedimensions, and treat loyalty as an individual-level construction of (...) perceived reciprocal obligations. Based upon this perspective, we present a three-tiered framework of loyalty that provides a psychologically informed definition of the concept, specifies the variety of obligation types that loyalty can imply, and anticipates the potential for asymmetrical loyalty configurations between employers and employees. We use the framework to articulate moral issues associated with both symmetrical and asymmetrical loyalty configurations and discuss the implications of the framework for theory and practice. (shrink)
This essay critically engages the concept of transcendence in Charles Taylor's A Secular Age. I explore his definition of transcendence, its role in holding a modernity-inspired nihilism at bay, and how it is crucial to the Christian antihumanist argument that he makes. In the process, I show how the critical power of this analysis depends heavily and paradoxically on the Nietzschean antihumanism that he otherwise rejects. Through an account of what I describe as naturalistic Christianity, I argue that transcendence need (...) not be construed as supernatural, that all of the resources necessary for a meaningful life are immanent in the natural process, which includes the semiotic capacities of Homo sapiens. Finally, I triangulate Taylor's supernatural account of transcendence, naturalistic Christianity, and Dreyfus and Kelly's physis-based account of “going beyond” our normal normality in All Things Shining: Reading the Western Classics for Meaning in a Secular Age. (shrink)
This book represents the most comprehensive attempt to date to explore and test Derrida's contribution and influence on the study of theology, biblical studies, and the philosophy of religion. Over the course of the last decade, the writings of Derrida and the key concepts that emerge from his work such as the gift, apocalypse, hospitality, and messianism have wrought far-reaching and irresistible changes in the way that scholars approach biblical texts, comparative religious studies, and religious violence, for instance, as well (...) as the way they understand basic religious themes as myth, creation, forgiveness, one-ness, and multiplicity. In addition to original contributions from over twenty highly-regarded scholars including John Caputo, Daniel Boyarin, Edith Wyschogrod, Tim Beal, and Gil Anidjar, the volume opens with a lengthy interview with Derrida. (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)
Hutchison's 1938 essay has been variously interpreted as introducing positivism, ultra-empiricism and Popperian falsificationism to economics. Yet his apparent inconsistency in maintaining all of these positions seems to have gone unnoticed in the literature. Previously I have criticized attempts to characterize Hutchison as a positivist or ultra-empiricist. In this article I argue that Klappholz and Agassi failed to support their claim that Hutchison introduced Popper's criterion to economics. That is, this paper deals with this specific question, rather than the wider (...) one of whether or not Hutchison introduced Popperian falsificationism to economics. Yet the two issues are closely connected and so the latter question is briefly discussed. To the extent that the paper succeeds, it may help to resolve the inconsistency problem. For now it is possible that Hutchison in 1938 developed his own original and consistent position. The task of substantiating such a view by providing a positive account of his methodology is one for the future. (shrink)
On the occasion of the 50th anniversary of Herman Dooyeweerd’s New Critique of Theoretical Thought in 1985 and the 10th anniversary of his death in 1987, I explore his theory of theory. Dooyeweerd distinguished theory as conceptual knowledge of abstracted functions from everyday knowing as integrated knowledge of wholes. He tried to show that critical theorizing requires philosophical integration, self-awareness, and religious knowledge of the origin of ourselves and creation. In the course of developing his view Dooyeweerd touched on many (...) issues that are still current for us today, in particular issues around foundationalism. A brief evaluation in the context of our contemporary philosophical scene closes the essay. (shrink)
Hutchison's 1938 essay has been mainly interpreted as introducing positivism and ultra-empiricism into economics. Such interpretations misrepresent his position. While he clearly drew on logical positivism, his methodology stems from a more moderate form of empiricism. However the issue at stake is not the exact degree of Hutchison's empiricism, but rather the extent to which such negative labelling has trivialised his position and distracted attention from the main concern of his 1938 essay. This was to mount a sustained and systematic (...) criticism of the traditional abstract-deductive method in economics. In its place Hutchison sought to promote a more empirical, inductive approach. The paper is concerned with demonstrating the extent to which Machlup failed to provide evidence of Hutchison's ultra-empiricism. It thereby seeks to clear the way towards a reappraisal of Hutchison's methodology and towards a reappraisal of its relevance in our post-positivist era. (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)
Loyalty, whether moral duty or dangerous attachment, is a cognitive phenomenon — an attitude that resides in the mind of the individual. In this article, weconsider loyalty from a psychological contract perspective – that is, as an individual-level construction of perceived reciprocal obligations. Viewing loyalty in this way helps clarify definitional inconsistencies, provides a finer-grained analysis of the concept, and sheds additional light on the ethical implications of loyalty in organizations. We present a threetiered framework for conceptualizing loyalty which also (...) helps explain apparently intractable paradoxes of loyalty. (shrink)
It has become commonplace to ask, whenever anything has gone wrong, what lessons can be learned from the experience. But the appearance of open-endedness in that question is misleading: not every answer that we could give to it is acceptable. There are, in the context of such a question, tacit constraints in what counts as a valid lesson to be learned. The article considers what these constraints might be and the different kinds of lessons one might learn from experience, which (...) the common way of taking the question ignores. Initially I attempt to distinguish between lessons that have to do with action and those that have to do with understanding; between lessons that are about the results of our actions and those that are about the meaning of actions and events. On closer examination, however, these distinctions are seen to break down; to represent a difference of degree rather than of kind. In the latter part of the article, therefore, I find the crucial distinction to be between lessons that we can apply, while being ourselves unchanged, and lessons which, by changing the way in which we see and respond to people and events, re-constitute our selves and thus express themselves through us willy-nilly in our subsequent thoughts, words and actions. (shrink)
This book collects essays considering the full range of Robert Sokolowski's philosophical works: his vew of philosophy; his phenomenology of language and his account of the relation between language and being; his phenomenology of moral action; and his phenomenological theology of disclosure.
Although the connections of Hedwig Conrad-Martius’ ontological phenomenology, what she called, “realontology,” to Husserl’s transcendental phenomenology were constant concerns that usually remained in the background of her work, on occasion they became foreground. Similarly the problems surrounding the individuation of the person and spirit were persistent but rather marginal in her writings. In this paper I want first to review some of the issues as they are connected to ontological and transcendental phenomenology. Then I want to relate them to the (...) cosmological and theological issues that were no less important for Conrad-Martius. (shrink)