In this article we examine the role which vindication plays in contract damages. Vindication describes the making good of a right by the award of an adequate remedy. We argue that, while the primary purpose of compensation is to provide an indemnity for loss, an award of compensatory damages will nevertheless generally vindicate the right to performance of the contract. We go on to consider a distinct measure of damages, vindicatory damages. These, we argue, are neither compensatory nor restitutionary, neither (...) loss-based nor gain-based: they are a rights-based remedy. We then identify various situations in which the courts may be seen to have awarded what are, in substance, vindicatory damages. We conclude by considering the benefits which may follow from recognition of the availability of vindicatory damages as a contract remedy. (shrink)

Argues that the only way to understand the Confucian vision of the consummate moral life is to take the tradition on its own terms.

This paper argues for two theses: that degrees of belief are context sensitive; that outright belief is belief to degree 1. The latter thesis is rejected quickly in most discussions of the relationship between credence and belief, but the former thesis undermines the usual reasons for doing so. Furthermore, identifying belief with credence 1 allows nice solutions to a number of problems for the most widely-held view of the relationship between credence and belief, the threshold view. I provide a sketch (...) of a formal framework on which both theses are true. This is a modified Bayesian framework; I argue that despite making credences context-sensitive, the framework lets Bayesians hold on to their signature explanatory successes. The sort of context-sensitivity claimed for credences here mirrors the sort of context-sensitivity I have elsewhere claimed for outright belief: one's credences depend, in part, on the space of alternative possibilities one takes seriously in a context. (shrink)

The earliest Analects yet discovered, this work provides us with a new perspective on the central canonical text that has defined Chinese culture--and clearly illuminates the spirit and values of Confucius.

This is a three-part exchange on the relationship between belief and credence. It begins with an opening essay by Roger Clarke that argues for the claim that the notion of credence generalizes the notion of belief. Julia Staffel argues in her reply that we need to distinguish between mental states and models representing them, and that this helps us explain what it could mean that belief is a special case of credence. Roger Clarke's final essay reflects on the (...) compatibility of the previously discussed views with dualist and monist interpretations of our mental states and our ways of modeling them. (shrink)

This paper argues for a treatment of belief as essentially sensitive to certain features of context. The first part gives an argument that we must take belief to be context-sensitive in the same way that assertion is, if we are to preserve appealing principles tying belief to sincere assertion. In particular, whether an agent counts as believing that p in a context depends on the space of alternative possibilities the agent is considering in that context. One and the same doxastic (...) state may amount to belief that p in one context but not another. The second part of the paper gives a formal treatment of doxastic states, according to which belief is context-sensitive along just these lines. The model is applied to characterize (but not to refute) skeptical arguments. (shrink)

In an influential recent paper, Hawthorne, Rothschild, and Spectre (“HRS”) argue that belief is weak. More precisely: they argue that the referent of believe in ordinary language is much weaker than epistemologists usually suppose; that one needs very little evidence to be entitled to believe a proposition in this sense; and that the referent of believe in ordinary language just is the ordinary concept of belief. I argue here to the contrary. HRS identify two alleged tests of weakness – the (...) neg-raising and weak upper bounds tests, as I call them – which they claim believe and think pass. But I identify several other expressions in ordinary English for attributing belief, all of which fail both tests. Therefore, even if HRS are correct that believe and think refer to a weak attitude, it does not follow that the ordinary concept of belief is weak. I conclude by raising some problems for the accounts of belief as guessing, building on HRS's arguments, due to Kevin Dorst, Matt Mandelkern, and Ben Holguín. (shrink)

The preface paradox does not show that it can be rational to have inconsistent beliefs, because preface writers do not have inconsistent beliefs. I argue, first, that a fully satisfactory solution to the preface paradox would have it that the preface writer's beliefs are consistent. The case here is on basic intuitive grounds, not the consequence of a theory of rationality or of belief. Second, I point out that there is an independently motivated theory of belief – sensitivism – which (...) allows such a solution. I sketch a sensitivist account of the preface writer's doxastic state. (shrink)

Offers an in-depth exposition of the Confucian conception of persons as the starting point of Confucian ethics.

A taxonomy of part‐whole or meronymic relations is developed to explain the ordinary English‐speaker's use of the term “part of” and its cognates. The resulting classification yields six types of meronymic relations: 1. component‐integral object (pedal‐bike), 2. member‐collection (ship‐fleet), 3. portion‐mass (slice‐pie), 4. stuff‐object (steel‐car), 5. feature‐activity (paying‐shopping), and 6. place‐area (Everglades‐Florida). Meronymic relations ore further distinguished from other inclusion relations, such as spatial inclusion, and class inclusion, and from several other semantic relations: attribution, attachment, and ownership. This taxonomy is (...) then used to explain cases of apparent intransitivity in merological syllogisms, and standard form syllogisms whose premises express different inclusion relations. The data suggest that intransitivities arise due to equivocations between different types of semantic relations. These results are then explained by means of the relation element theory which accounts for the character and behavior of semantic relations in terms of more primitive relational elements. The inferential phenomena observed are then explained by means of a single principle of element matching. (shrink)

This volume brings together much of the most influential work undertaken in the field of virtue ethics over the last four decades. The ethics of virtue predominated in the ancient world, and recent moral philosophy has seen a revival of interest in virtue ethics as a rival to Kantian and utilitarian approaches to morality. Divided into four sections, the collection includes articles critical of other traditions; early attempts to offer a positive vision of virtue ethics; some later criticisms of the (...) revival of virtue ethics; and, finally, some recent, more theoretically ambitious essays in virtue ethics. (shrink)

Selected by Choice magazine as an Outstanding Academic Title In The Politics of Jurisprudence, Roger Cotterrell offers a concise introduction to and commentary ...

This paper defends moral testimony pessimism, the view that there is something morally or epistemically regrettable about relying on the moral testimony of others, against several arguments in Lillehammer. One central such argument is that reliance on testimony is inconsistent with the exercise of true practical wisdom. Lillehammer doubts whether such reliance is always objectionable, but it is important to note that moral testimony pessimism is best understood as a view about the pro tanto, rather than the overall, badness of (...) relying on testimony. One must also be clear about what counts as genuine moral testimony: there will be morally charged occasions when a virtuous person will properly rely on the views of others. It can also plausibly be argued that relying on moral testimony may constitute a lack of full autonomy. After discussing some remaining issues concerning the definition of moral testimony, a possible analogy between lying and relying on testimony, and the implications of untrustworthiness for the truth of moral testimony pessimism, the paper ends with a return to the case against relying on moral testimony, grounded on a conception of the role of knowledge and understanding in virtue. (shrink)

Mill was one of the most important British philosophers of the nineteenth century; his Utilitarianism is a pivotal work in ethical thought. This book, written specifically for students coming to Mill - and perhaps philosophy - for the first time, will be an ideal guide. Mill on Utilitarianism introduces and assesses: * Mill's life and the background of Utilitarianism * the ideas and text of Utilitarianism * the continuing importance of Mill's work to philosophy This is the first book dedicated (...) to Utilitarianism itself. Concisely written and engaging, it is perfect reading for those studying Mill or moral philosophy. (shrink)

Aristotle's Nicomachean Ethics, based on lectures that he gave in Athens in the fourth century BCE, is one of the most significant works in moral philosophy, and has profoundly influenced the whole course of subsequent philosophical endeavour. It is soundly located within a philosophical tradition, but its argument differs markedly from those of Plato and Socrates in its emphasis on the exercise - as opposed to the mere possession - of virtue as the key to human happiness, offering seminal discussions (...) of ethical issues that are practical in their intent. Topics covered include the role of luck in human wellbeing, moral education, responsibility, courage, justice, moral weakness, friendship and pleasure. This accessible new translation by Roger Crisp follows the Greek text closely and also provides a non-Greek-reader with the flavour of the original. The volume also includes a historical and philosophical introduction and notes on further reading. (shrink)

From Thomas Hobbes to Jeremy Bentham, 'British Moralists' have questioned whether being virtuous makes you happy. Roger Crisp elucidaties their views on happiness and virtue, self-interest and sacrifice, and well-being and morality, and highlights key themes such as psychological egoism, evaluative hedonism, and moral reason in their thought.

本书讲述了一群试图解释中国哲学及其艺术词语问题的比较哲学家之长达20年之久的事情。包括“孟子人性理论的背景”、“孟子的人性论”等。.

Published in 1897, this was the first complete edition of Roger Bacon's influential thirteenth-century encyclopedia of science.

Roger Ariew presents a new account of Descartes as a philosopher who sought to engage his contemporaries and society. He argues that the Principles of Philosophy was written to rival Scholastic textbooks, and considers Descartes' enterprise in contrast to the tradition it was designed to replace and in relation to the works of the first Cartesians.

Anyone with a serious interest in analytical psychology or existential phenomenology will need to take account of this book.

Uses a comparative hermeneutical method to explain the most important terms in the classical Confucian philosophical texts, in an effort to allow the tradition to speak on its own terms.