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)
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.
This paper considers the claim that imagination is implicated in our most apparently straightforward human transactions with the world, that our 'knowing' of the world (both in experience and our subsequent symbolic ordering of it) is in some sense imaginatively constructed from the outset. Second, drawing in particular on the work of Mark Johnson, it explores the senses in which such imaginative transactions are both experience constituted and experience constitutive (that, in Ricoeur's words, imagination 'invents in both senses of the (...) word'). Third, it attends to one apparent theological cost of ascribing to human imagination a 'creative' role in relation to the human world. Fourth, it focuses in particular on Charles Taylor's account of the imaginative construction of the self as a moral entity. And finally, it considers just one example of how the arts may be active in shaping moral identity, and thereby the human world in which we live and move and have our being. (shrink)
Let T be simple, work in Ceq over a boundedly closed set. Let p ∈ S(θ) be internal in a quasi-stably-embedded type-definable set Q (e.g., Q is definable or stably-embedded) and suppose (p, Q) is ACL-embedded in Q (see definitions below). Then Aut(p/Q) with its action on pC is type-definable in Ceq over θ. In particular, if p ∈ S(θ) is internal in a stably-embedded type-definable set Q, and pC υ Q is stably-embedded, then Aut(p/Q) is type-definable with its action (...) on pC. (shrink)
Sex: Nagel, T. Sexual perversion. Ruddick, S. On sexual morality.--Abortion: Ramsey, P. The morality of abortion. Foot, P. The problem of abortion and the doctrine of the double effect. Wertheimer, R. Understanding the abortion argument. Thomson, J. J. A defense of abortion.--Prejudice and discrimination: Wasserstrom, R. Rights, human rights, and racial discrimination. Roszak, B. Women's liberation. Lucas, J. R. Because you are a woman. Thomson, J. J. Preferential hiring. Singer, P. Animal liberation.--Civil disobedience: Rawls, J. The justification of civil disobedience. (...) Singer, P. Rawls on civil disobedience. Dworkin, R. M. Law and civil disobedience.--Punishment: Downie, R. S. The justification of punishment. Kneale, W. The responsibility of criminals. Hart, H. L. A. Murder and the principles of punishment: England and the United States.--War: Anscombe, G. E. M. War and murder. Wasserstrom, R. On the morality of war: a preliminary inquiry. Lackey, D. Ethics and nuclear deterrence. Narveson, J. Pacifism: a philosophical analysis.--Suicide and death: Brandt, R. B. The morality and rationality of suicide. Holland, R. F. Suicide. Nagel, T. Death. Williams, B. The Makropulos case: reflections on the tedium of immortality.--Selected bibliography (p. 432-437). (shrink)
I argue against the idea (made popular by H.L.A. Hart) that the key to a legal system is its "rule of recognition." I argue that much of the work allegedly done by a rule of recognition is either done by a different kind of secondary rule (what Hart called "a rule of change") or it is not done at all (and doesn't have to be done). A rule of change tells us the procedures that must be followed and (...) the substantive conditions that must be satisfied if law is to be changed legislatively; and a judge "recognizes" changes simply by using this checklist. In common law, there is no clear rule of change (because we are profoundly ambivalent about judicial lawmaking). But we get by without one, and without a determinate rule of recognition that would tell us precisely how to infer rules from precedents. It is quite liberating, really, to abandon the idea of a rule of recognition. Apart from anything else, it relieves us from having to participate in endless debates about whether the US Constitution is (or contains) a rule of recognition for American law. The Constitution contains rules of change; that's what matters. (shrink)
Echoing the debate about the nature of law that has dominated legal philosophy for several decades, this volume includes essays on the nature of law and on law not as it is but as it should be. Wherever possible, essays have been chosen that have provoked direct responses from other legal philosophers, and in two cases these responses are included. Contributors include H.L.A. Hart, R.M. Dworkin, Lord Patrick Devlin, John Rawls, J.J. Thomson, J. Finnis, and T.M. Scanlon.
Abortion: The morality of abortion, by P. Ramsey. The problem of abortion and the doctrine of double effect, by P. Foot. Whatever the consequences, by J. Bennett.--Sex: Sexual perversion, by T. Nagel. On sexual morality, by S. Ruddick.--Human rights and civil disobedience: Rights, human rights, and racial discrimination, by R. Wasserstrom. The justification of civil disobedience, by J. Rawls. Law and civil disobedience, by R. M. Dworkin.--Criminal punishment: The responsibility of criminals, by W. Kneale. Murder and the principles of punishment, (...) England and the United States, by H. L. A. Hart. Or else, by J. R. Lucas.--Violence and pacifism: What violence is, by N. Garver. Pacifism, a philosophical analysis, by J. Narveson.--War: War and murder, by G. E. M. Anscombe. On the morality of war, a preliminary inquiry, by R. Wasserstrom. Peace, by R. M. Hare.--Suicide and death: Suicide, by R. F. Holland. Death, by T. Nagel. Death, by M. Mothersill.--Bibliography (p. 386-390). (shrink)
Mill, J. S. Bentham.--Whewell, W. Bentham.--Watson, J. Bentham.--Hart, H. L. A. Bentham.--Parekh, B. Bentham's justification of the principle of utility.--Peardon, T. Bentham's ideal republic.--Hart, H. L. A. Bentham on sovereignty.--Burns, J. H. Bentham's critique of political fallacies.--Mitchell, W. C. Bentham's felicific calculus.--Roberts, D. Jeremy Bentham and the Victorian administrative state.
Having explicated "refraining," "omitting," "failing" and "letting happen," it is argued that these cases are not actions but decisions, Having consequences for which one may be blamed or praised. To blame or praise properly we need a clear concept of responsibility. Extending h l a hart's "role-Responsibility," it is suggested that there are "official, Causal" and "casual" role-Responsibilities. The first two involve some people's rights--The last does not--And not discharging them is more serious.
This paper examines the problem of normativity in contemporary legal theory, paying particular attention to the relationship between the conception of the problem and related explanations of behaviour. The first part of the paper shows how the problem of normativity, conceived of as a matter of determining how legal norms function as reasons for action, is linked to an explanation of behaviour that is posited or assumed to be capable of being guided by reasons. More importantly for the purposes of (...) the paper, the first part also shows the problem of normativity plays a certain function (called here a 'thought-context') thanks to which a theorist can, e.g., evaluate lawmaking and adjudication practices (Timothy Endicott); scrutinise the reasonabless of norms (John Finnis); critically examine the circumstances under which law is authoritative (Joseph Raz); or make distinctions between certain kinds of phenomena that influence conduct (H.L.A. Hart). The second part of the paper offers the sketch of an alternative relationship between a conception of the problem of normativity and an explanation of behaviour. The general aim of the paper is to endorse an engagement with the works of others that pays attention to the relationship between problems and explanations, and to the implications of any one way of drawing that relationship for images and practices of theorising. (shrink)
This paper examines the status and role of modes of explanation of behavior in contemporary legal theory. It does so by reference to the criticism made by Sundram Soosay of the dominance of the conscious and deliberative mode of explanation in the work of Joseph Raz, H.L.A. Hart and Ronald Dworkin. Soosay's criticism is discussed and evaluated by reference to a reading of these three theorists. I argue for a pluralist and pragmatic approach to modes of explanations of (...) behavior, as opposed to one that conceives of representations of behavior as capable of offering true and verifiable descriptions of human nature. I illustrate the value of such pluralism and pragmatism by reference to Institutions of Law, the most recent work by Neil MacCormick. Ultimately, I call for a closer engagement by legal theorists with the issues taken up by the philosophy of the social sciences, and in particular, on its treatment of the question of the status and role of modes of explanation of behavior for the purpose of proposing social scientific hypotheses. (shrink)
This paper argues that in focusing on the problem of whether, and if so how, rules of law exist, legal theory endangers its capacity to both account for and evaluate how law accompanies a community in its adaptation to emerging social problems. Two classical works of legal theory are analysed, Hans Kelsen's Pure Theory of Law and HLA Hart's The Concept of Law, with a view to revealing the weaknesses of a legal theoretical approach aimed at describing the conditions (...) under which norms or rules exist as laws. An alternative is offered in the name of the concept of qualifiers. This concept is elaborated upon by reference to the work of GEM Anscombe, Bernard Jackson and Geoffrey Samuel, and an attempt is made to show how the concept of qualifiers can refocus the emphasis of legal theory on the more or less successful use of legal language by members of a legal community for the purposes of proposing legal solutions to social problems. Ultimately, the concept of qualifiers offers not only a different way of thinking about legal language, but also a different way of thinking about the limited role of language in theorising about any sort of phenomenon, including law. (shrink)
This paper argues that legal theorists should give up the pursuit of determining the mode of law's existence - whether in the form of rules, as in HLA Hart, or in the form of norms, as in Hans Kelsen. Attempting to determine the mode of law's existence results in two mistakes: first, it presupposes the possibility of content-determination (of rules or norms), resulting in a more (Kelsen) or less (Hart) stringent reference theory of meaning; second, it presupposes unproblematic (...) access to a sphere of brute reality upon which the existence of rules or norms is said to supervene. Both mistakes are illustrated by reference to a reading of Hans Kelsen's Pure Theory of Law and HLA Hart's The Concept of Law. Two alternatives for legal theory are offered: first, meta-analysis, as exemplified in the paper, whereby a theorist considers the puzzles and difficulties of taking a certain theoretical aim (in this paper, that of determining the mode of law's existence) and talking about it in specific ways (in this paper, using existence talk); and second, an ontology-free legal theory the task of which is to pursue the improvement of the role that legal work plays in the protection of the moral quality of the lives of individuals and communities. The foundations of an ontology-free legal theory are illustrated by reference to the pragmatic pluralism of Hilary Putnam's approach to ethics in his Ethics without Ontology. (shrink)