The European model of the constitutional review of legislation, characterized by the concentration of the constitutional review power in a single constitutional court, had its origin in the Austrian Federal Constitution of 1920. This is all the more remarkable when one considers that this Constitution established at the same time a parliamentary system of government in a fairly radical form. As the author explains, this “invention” of a constitutional court is attributable to two factors. One factor is the federal aspect. (...) The Court was conceived by the framers of the Austrian Federal Constitution of 1920 as an umpire between federal legislation and the legislation of the states or Länder. In this respect it was meant as a substitute for the principle of the priority of federal law over state or Land law. This is manifest in the initial draft of the Constitution, where actions on questions of the constitutionality of legislation could only be brought by the Federal government (against the legislation of one or another of the states or Länder) and by the State or Land governments (against federal legislation). Right from the beginning, however, the Court could examine a parliamentary act ex officio when it had to apply such an act in another proceeding. It was this power of the Court that triggered the development of constitutional review. Its exercise gradually transformed the Court into a guardian of the Constitution as a whole, in particular, the fundamental rights of citizens. The author traces this development in the context of the concept of state and law that prevailed in the late nineteenth and early twentieth century. This concept included specific restrictions on constitutional review. On the basis of a different understanding of the functions of a constitution, the Court gave up these restrictions and followed the examples of the European Court of Human Rights, the German Constitutional Court and—indirectly—the American Supreme Court. (shrink)

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

Derek Parfit takes an externalist and cognitivist view about normative reasons. I shall explore this view and add some arguments that support it. But I shall also raise a doubt about it at the end.

The human cognitive architecture consists of a set of largely independent modules associated with different brain regions. This book discusses in detail how these various modules can combine to produce behaviours as varied as driving a car and solving an algebraic equation.

Moral imagination, according to John Kekes, is indispensable to a fulfilling and responsible life.

The influence of J. L. Austin on contemporary philosophy was substantial during his lifetime, and has grown greatly since his death, at the height of his powers, in 1960. Philosophical Papers, first published in 1961, was the first of three volumes of Austin's work to be edited by J. O. Urmson and G. J. Warnock. Together with Sense and Sensibilia and How to do things with Words, it has extended Austin's influence far beyond the circle who knew him or read (...) the handful of papers he published in journals. (shrink)

Practical reasoning is a process of reasoning that concludes in an intention. One example is reasoning from intending an end to intending what you believe is a necessary means: 'I will leave the next buoy to port; in order to do that I must tack; so I'll tack', where the first and third sentences express intentions and the second sentence a belief. This sort of practical reasoning is supported by a valid logical derivation, and therefore seems uncontrovertible. A more contentious (...) example is normative practical reasoning of the form 'I ought to φ, so I'll φ', where 'I ought to φ' expresses a normative belief and 'I'll φ' an intention. This has at least some characteristics of reasoning, but there are also grounds for doubting that it is genuine reasoning. One objection is that it seems inappropriate to derive an intention to φ from a belief that you ought to φ, rather than a belief that you ought to intend to φ. Another is that you may not be able to go through this putative process of reasoning, and this inability might disqualify it from being reasoning. A third objection is that it violates the Humean doctrine that reason alone cannot motivate any action of the will. This paper investigates these objections. (shrink)

Normative requirements are often overlooked, but they are central features of the normative world. Rationality is often thought to consist in acting for reasons, but following normative requirements is also a major part of rationality. In particular, correct reasoning – both theoretical and practical – is governed by normative requirements rather than by reasons. This article explains the nature of normative requirements, and gives examples of their importance. It also describes mistakes that philosophers have made as a result of confusing (...) normative requirements with reasons. (shrink)

This volume is devoted entirely to exploring the role of animals in the thought of Immanuel Kant. Leading scholars address questions regarding the possibility of objective representation and intentionality in animals, the role of animals in Kant's scientific picture of nature, the status of our moral responsibilities to animals' welfare, and more.

Several philosophers deny that an individual person’s emissions of greenhouse gas do any harm; I call these “individual denialists.” I argue that each individual’s emissions may do harm, and that they certainly do expected harm. I respond to the denialists’ arguments.

This book provides an intellectual biography of Max Horkheimer during the early and middle phases of his life and analyzes his model of early Critical Theory.

Studies in Empirical Philosophy was published in 1962 shortly after Anderson's death and had been prepared by him to include most of his published articles from the Australasian Journal of Philosophy and Psychology. It also includes a couple of articles written especially for the book. It remains the main published source of material on Anderson's systematic philosophy. John Passmore has kindly granted permission for his introduction to be included in this new release. John Anderson (1893-1962) was Challis Professor (...) of Philosophy at the University of Sydney from 1927 until 1958. He is generally regarded as the most important philosopher to have worked in Australia. His students included not only academic philosophers but also important figures in politics, law and journalism. His impact upon Sydney's social and cultural life was enormous. (shrink)

I revisit my article, “Why Immortality Is Not So Bad,” in which I argued that Bernard Williams’s thesis that immortality would necessarily be boring for any human being is false. Here I point out various ways in which Williams’s treatment of the issues has tilted and distorted the subsequent debates.

John Broome; V*—Fairness, Proceedings of the Aristotelian Society, Volume 91, Issue 1, 1 June 1991, Pages 87–102, https://doi.org/10.1093/aristotelian/91.1.87.

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged text (...) of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes an up-to-date bibliography and biographical synopses of the principal figures mentioned in the text. (shrink)

This is a reproduction of the original artefact. Generally these books are created from careful scans of the original. This allows us to preserve the book accurately and present it in the way the author intended. Since the original versions are generally quite old, there may occasionally be certain imperfections within these reproductions. We're happy to make these classics available again for future generations to enjoy!

Rationality requires various things of you. For example, it requires you not to have contradictory beliefs, and to intend what you believe is a necessary means to an end that you intend. Suppose rationality requires you to F. Does this fact constitute a reason for you to F? Does it even follow from this fact that you have a reason to F? I examine these questions and reach a sceptical conclusion about them. I can find no satisfactory argument to show (...) that either has the answer ‘yes’. I consider the idea that rationality is normative for instrumental reasons, because it helps you to achieve some of the things you ought to achieve. I also consider the idea that rationality consists in responding correctly to reasons. I reject both. (shrink)

John Dillon presents an English translation of Alcinous' Handbook of Platonism, accompanied by an introduction and a philosophical commentary which explain the ideas in the work and show their intellectual and historical context. The Handbook purports to be an introduction to the doctrines of Plato, but in fact gives us an excellent survey of Platonist thought in the second century AD.

This book is available either individually, or as part of the specially-priced Arguments of the Philosphers Collection.

Some philosophers think that rationality consists in responding correctly to reasons, or alternatively in responding correctly to beliefs about reasons. This paper considers various possible interpretations of ‘responding correctly to reasons’ and of ‘responding correctly to beliefs about reasons’, and concludes that rationality consists in neither, under any interpretation. It recognizes that, under some interpretations, rationality does entail responding correctly to beliefs about reasons. That is: necessarily, if you are rational you respond correctly to your beliefs about reasons.

ABSTRACT Philosophers often do not make as sharp a distinction as they should between rationality and normativity. Partly this is because the word ‘reason’ can be used to refer to either, and this leads to a confusion over meanings. This paper starts by clarifying the meanings of ‘normativity’ and ‘rationality’. It argues that it is a conceptual truth that rationality supervenes on the mind. Then it considers substantive arguments that purport to show there is no real distinction between rationality and (...) normativity. Many philosophers give a reductive account of rationality in terms of reasons. In particular, many claim that rationality consists in responding correctly to reasons. Since responding correctly to reasons is the concern of normativity, this in effect identifies rationality with normativity. This paper denies that rationality is identical to normativity, by means of what I call a ‘quick objection’. The quick objection is that rationality supervenes on the mind whereas complying with normativity does not. I consider and reject some ways of responding to the quick objection, including an argument by Kiesewetter to the effect that normativity supervenes on the mind and one by Lord to the effect that rationality does not. I also consider a different, Kantian argument to the effect that rationality does not supervene on the mind. (shrink)

John Locke is widely regarded as one of the most influential of the Enlightenment philosophers. This volume, edited by J. W. Adamson and published as a second edition in 1922, contains two of John Locke's essays concerning education; Some Thoughts Concerning Education and Of the Conduct of the Understanding. Some Thoughts Concerning Education expands on Locke's pioneering theory of mind by explaining how to educate a child using three complementary methods: the development of a healthy body; the formation (...) of a virtuous mind; and the pursuit of an academic curriculum including the emerging sciences, mathematics and languages. Of the Conduct of the Understanding continues the theme of the earlier essay by describing how to develop rational thought. For over a century after the publication of these essays, John Locke's views on education were considered authoritative, and his work was translated into almost all major European languages. (shrink)

Abstract The last two decades have witnessed a vast expansion in research and writing on the sociology of the body and on issues of embodiment. Indeed, both sociology in general and the sociology of sport specifically have well heeded the long-standing and vociferous calls ‘to bring the body back in’ to social theory. It seems particularly curious therefore that the sociology of sport has to-date addressed this primarily at a certain abstract, theoretical level, with relatively few accounts to be found (...) that are truly grounded in the corporeal realities of the lived sporting body; a ‘carnal sociology’ of sport, to borrow Crossley’s (1995) expression. To portray and understand more fully this kind of embodied perspective, it is argued, demands engaging with the phenomenology of the body, and this article seeks to contribute to a small but growing literature providing this particular form of ‘embodied’ analysis of the body in sport. Here we identify some useful intellectual resources for developing a phenomenology of sporting experience, specifically its sensory elements, and also subsequently examine the potential for its evocative portrayal and effective analysis via different kinds of textual forms. (shrink)

For many years, the downtown in Clarksdale, with a municipal population of 17,960 and located in the northern part of the Mississippi Delta, had lost its role as the centre providing a wide range of jobs and services to those living in the surrounding region. For many cities and towns in America, downtown decline has been associated with the flight to the suburbs and the growth in shopping malls serving flourishing gated communities. In Clarksdale’s case, downtown decline has been due (...) largely to the advent of big box retailing and the location of new retail and commercial developments along the state highway on the edge of town, combined with the loss of jobs and population associated with agricultural restructuring. Today, however, Clarksdale has taken up the challenge to ‘revitalize’ the downtown in the face of economic adversity. Recovery is under way, and much of this is associated with blues music and Delta culture: Clarksdale is situated at the fabled ‘crossroads’ of Highways 49 and 61 and is also the home to national icons in literature, art and other cultural pursuits. These are key elements around which the downtown revitalization effort is focused. This paper charts the process by which the Clarksdale community has embarked on the road to downtown recovery, and highlights the town’s indelible links with the blues, borne out of years of toil, hardship and social deprivation. The paper emphasizes the importance of ‘champions’ and ‘creative people’, drawing on community support, in achieving downtown revitalization. Positive results are becoming evident with new businesses and jobs, improved levels of service, refurbishment of derelict buildings, a renewed sense of place, and an uplift in community confidence. The significance of cultural tourism to downtown revitalization is highlighted, with particular emphasis on the global appeal of blues, but with its roots firmly established in Clarksdale and the Delta. (shrink)