Legal humanism has become deeply entrenched in most modern works on European legal history from the 17th century onwards and has been accepted with such blind faith by many modern scholars that few have challenged it. As a result, it has been used to substantiate larger claims about the deathof Roman law, the separation between the golden age of a pan-European medieval ius commune and the fragmented reception of Roman law into the nation states of Europe, and the relevance of (...) 'dogmatic' Roman law as opposed to 'antiquarian' Roman law.Now, the traditional grand narratives of European legal history have begun to be questioned, to the extend that the nature and legacy of legal humanism now deserve closer scrutiny. Building on the groundbreaking work by Douglas Osler, who has been critical of the traditional narratives, this volumeinterrogates the orthodox views regarding legal humanism and its legacy. Fundamentally reassessing the nature and impact of legal humanism on the narratives of European legal history, this volume brings together the foremost international experts in related fields of legal and intellectual history to debate the central issues. (shrink)

The history of Scottish philosophy in the nineteenth century is written by migrant philosophers attempting to use the Scottish tradition as the foundation for philosophy in their new homelands. In the accounts of John Clark Murray , James McCosh and Henry Laurie , different evaluations are made of the continuing relevance of the Scottish Common Sense School, but all are committed Christians for whom David Hume cannot be part of a Scottish tradition. As a result, none of these accounts (...) gives any suggestion of there having been a ‘Scottish Enlightenment’. That concept was only made possible by the radical reinterpretation of Hume by Norman Kemp Smith, which linked his philosophy to Hutcheson and dismissed his opposition to Reid. The subsequent emergence of ‘the Scottish Enlightenment’ eclipsed nineteenth-century Scottish ‘idealism’, shaped by Edward Caird, which Murray, Laurie and Kemp Smith had regarded as the foundation of their own philosophies. (shrink)

This paper treats the fifth-century AD apocryphal Acta Barnabae. § I sets out briefly the consensus view of ABarn’s main aim - to establish the autocephaly of the Cypriot Church by endowing it with an apostolic founder, Barnabas, in a text modelled on Acts which affects to be contemporary with Acts and to be the work of John Mark. § II examines ABarn’s detailed interactions with Acts, its foregrounding of Barnabas over Paul, and its centralising of Cyprus in early (...) Christianity; ‘itinerary style’ is highlighted as a prominent feature of ABarn’s striving for verisimilitude. § III treats ABarn’s use of further ‘novelistic’ strategies for the same purpose; they mostly draw on topoi, but sometimes arguably on personal knowledge of Cyprus. § IV reflects on ABarn’s curious downgrading of its inscribed author, John Mark. This is attributed to the anti-Monophysite stance of the fifth-century Cypriot Church towards both the Antiochene and Alexandrian Patriarchates. (shrink)

J.S. Mill's deep interest in French intellectual, political, and social affairs began in 1820 when, in his fourteenth year, he went to France to live for a year with the family of Sir Samuel Bentham. French became his second language, and France his second home, where he died and was buried in 1873. His interest in history began even earlier when, as a child of seven, he tried to imitate his father's labours on the History of British India; though he (...) never wrote a history in his maturity, study of the past remained a passion and helped shape the philosophy of history that informed his views of society and ethics. His intense interest in contemporary French politics also led him to seek connections between historical developments and present trends, both seen by his from a Radical perspective approproate to what he believed to be an age of transition. The English historians of France, including Walter Scott and Thomas Carlyle, as well as the French, some of whom were themselves political figures, are judged by their historical methods, but those methods are seen as having practical effects in shaping as well as revealing the mind of the times. This volume brings together for the first time the essays, running from 1826 to 1849, that meld these abiding interests. They give as well insights into Mill's personal aspirations, his developing view of comparative politics and sociology, his concern for freedom, and his feminism. During these years Mill worked on a published his System of Logic, Book VI of which shows in condensed form the results of the speculations here developed; reading these essays with that work, which made his reputation as a philosopher, enables one to see the effects of romanticism on analytic thought in a way not as clearly evident even in Mill's Autobiography. Independently important, then, the essays in this volume also enable us to interpret anew the practical and theoretical concerns fundamental to his formative years and maturity. John C. Cairns' Introduction demonstrates how the essays reveal, through their reactions to the Revolutions of 1789, 1830, and 1848, and to French historiography, politics, and thought, the effect of France on Mill's ideas, and also the way in which his other concerns influenced his reactions to France. The texts, with the variants and notes that are the hallmark of this edition, are described in John M. Robson's Textual Introduction, which explains the editorial principles and methods. (shrink)

This six-volume set contains virtually all of the published work of Cairnes; it brings together, for the first time, all of his major works and almost all his uncollected articles, pamphlets and published letters. It is an essential resource for those studying the man himself, the tradition of Classical economy, and Irish intellectual history in the nineteenth century.

This is an unusual volume. During his periods of study with Ed mund Husserl - first from I924 1. 0 I926, then from I93I to I932 - Dorion Cairns had become imnlensely impressed with the stri king philosophical quality of Husserl's conversations with his students and co-workers. Not unlike his daily writing (five to six hours a day was not uncommon, as Husserl reports herein, the nature of which was a continuous searching, reassessing, modi fying, advancing and even rejecting (...) of former views), Husserl's conversations, especially evidenced from Cairns's record, were remarkable for their depth and probing character. Because of this, and because of the importaIlt light they threw on Husserl's written and published works, Cairns had early resolved to set down in writing, as accurately as possible, the details of these conversations. Largely prompted by the questions and concerns of his students, including Cairns, the present Conversations (from the second period, I93I-I932, except for the initial conversation) provide a significant, intriguing, and always fascinating insight into both the issues which were prominent to Husserl at this time, and the way he had come to view the systematic and historical placement of his own earlier studies. Cairns had often insisted - principally in his remarkable lec 1 tures at the Graduate Faculty of the New School - that attaining a fair and accurate view of Husserl's enormously rich and complex 1 Cairns's lectures between 1956 and 1964 are especially important. (shrink)

John Stuart Mill's connection with the Irish question spanned more than four decades and embraced a variety of elements. Of his writings on Ireland, the best known are his forty-threeMorning Chroniclearticles of 1846–47 composed in response to the Famine, the section of thePrinciples of Political Economythat treats the issue of cottier tenancy and the problem of Irish land, and, most conspicuous of all, his radical pamphletEngland and Ireland, published in 1868. All of these writings take the land question as (...) their paramount concern. The fairly absorbing interest in the subject disclosed by Mill during the second half of the 1840s arose from the fortuitous conjuncture of the disaster unfolding in Ireland and his engagement with the principles of political economy. Between 1848 and 1871 Mill'sPrincipleswent through seven editions (excluding the People's edition) and the substantive revisions he made in the section on Ireland from one edition to the next illumine both the essence and the accidentals of his bearing towards that country. Mill's cogent and controversial advocacy of fixity of tenure inEngland and Irelandconstituted the heart of his answer to the Fenian challenge. The land question aside, Mill was drawn into the battle over the Irish university system in the 1860s largely through his friendship with John Elliot Cairnes, professor of jurisprudence and political economy at the Queen's College Galway. On this subject, however, Mill wrote almost nothing for publication. The longest single piece he ever drafted on Ireland was his first, an essay that predated theMorning Chroniclearticles by two decades. In his own bibliography this essay is referred to as ‘An article on the Catholic Question which appeared in the Parliamentary Review for 1825’. Although the essay of 1825 could justly have borne the same title as the pamphlet of 1868, the particulars of course differ markedly. Ireland never ceased to pose a question during the course of the nineteenth century, but the dynamics shaping that question changed much between the mid-1820s and the late 1860s. Even so, the 1825 essay prefigures something of Mill's later involvement with the Irish question, and also invites examination as a quite remarkable piece of political journalism from the pen of a young man not yet twenty, who would subsequently establish himself as the most influential thinker of his generation. (shrink)

Are theories ‘underdetermined by the evidence’ in any way that should worry the scientific realist? I argue that no convincing reason has been given for thinking so. A crucial distinction is drawn between data equivalence and empirical equivalence. Duhem showed that it is always possible to produce a data equivalent rival to any accepted scientific theory. But there is no reason to regard such a rival as equally well empirically supported and hence no threat to realism. Two theories are empirically (...) equivalent if they share all consequences expressed in purely observational vocabulary. This is a much stronger requirement than has hitherto been recognised— two such ‘rival’ theories must in fact agree on many claims that are clearly theoretical in nature. Given this, it is unclear how much of an impact on realism a demonstration that there is always an empirically equivalent ‘rival’ to any accepted theory would have—even if such a demonstration could be produced. Certainly in the case of the version of realism that I defend—structural realism—such a demonstration would have precisely no impact: two empirically equivalent theories are, according to structural realism, cognitively indistinguishable. (shrink)

In his preface Mr Wilson writes 'I feel that a great many adults … would do better to spend less time in simply accepting the concepts of others uncritically, and more time in learning how to analyse concepts in general'. Mr Wilson starts by describing the techniques of conceptual analysis. He then gives examples of them in action by composing answers to specific questions and by criticism of quoted passages of argument. Chapter 3 sums up the importance of this kind (...) of mental activity. Chapter 4 presents selections for the reader to analyse, followed by questions of university entrance/scholarship type. This is a book to be worked through, in a sense a text-book. (shrink)

How do we acquire thoughts and beliefs about particulars by looking at pictures? One kind of reply essentially compares depiction to perception, holding that picture-perception is a form of remote object-perception. Lopes’s theory that pictures refer by demonstrative identification, and Walton’s transparency theory for photographs, constitute such remote acquaintance theories of depiction. The main purpose of this paper is to defend an alternative conception of pictures, on which they are not suitable for acquainting us with particulars but for acquainting us (...) with certain kinds of properties. This conception is outlined in §4, where it is argued that pictures are useful devices for what Heal has called indexical predication. In §2 and §3, I explain why I believe that remote acquaintance theories are false, and why picture-perception cannot function as a form of extended or remote object-perception. The main reason is that the contents of picture-perceptions do not themselves provide the kind of numerical and contextual information required for singular thought. Picture-reference is instead secured by independent beliefs or linguistic communication about the causal history of pictures as objects. In other words, it is beliefs about the numerical identity of pictures as objects that anchors the reference of the representational contents of pictures. (shrink)

Setting the scene -- Sentience and the sentient mind -- Special senses and their interpretation Survival strategies -- Social strategies -- Animals of the waters -- Animals of the air -- Animals of the savannah and plains -- Animals of the forests -- Close neighbours -- Our duty of care.

In this philosophically sophisticated and historically significant work, John H. Zammito reconstructs Kant's composition of The Critique of Judgment and reveals that it underwent three major transformations before publication. He shows that Kant not only made his "cognitive" turn, expanding the project from a "Critique of Taste" to a Critique of Judgment but he also made an "ethical" turn. This "ethical" turn was provoked by controversies in German philosophical and religious culture, in particular the writings of Johann Herder and (...) the Sturm und Drang movement in art and science, as well as the related pantheism controversy. Such topicality made the Third Critique pivotal in creating a "Kantian" movement in the 1790s, leading directly to German Idealism and Romanticism. The austerity and grandeur of Kant's philosophical writings sometimes make it hard to recognize them as the products of a historical individual situated in the particular constellation of his time and society. Here Kant emerges as a concrete historical figure struggling to preserve the achievements of cosmopolitan Aufkl-rung against challenges in natural science, religion, and politics in the late 1780s. More specifically Zammito suggests that Kant's Third Critique was animated throughout by a fierce personal rivalry with Herder and by a strong commitment to traditional Christian ideas of God and human moral freedom. "A work of extraordinary erudition. Zammito's study is both comprehensive and novel, connecting Kant's work with the aesthetic and religious controversies of the late eighteenth century. He seems to have read everything. I know of no comparable historical study of Kant's Third Critique."-Arnulf Zweig, translator and editor of Kant's ;IPhilosophical Correspondence, 1759-1799;X "An intricate, subtle, and exciting explanation of how Kant's thinking developed and adjusted to new challenges over the decade from the first edition of the Critique of Pure Reason to the appearance of the Critique of Judgment. "--John W. Burbidge, Review of Metaphysics "There has been for a long time a serious gap in English commentary on Kant's Critique of Judgment Zammito's book finally fills it. All students and scholars of Kant will want to consult it."--Frederick Beiser, Times Literary Supplement. (shrink)

Obviously medicine should be evidence-based. The issues lie in the details: what exactly counts as evidence? Do certain kinds of evidence carry more weight than others? (And if so why?) And how exactly should medicine be based on evidence? When it comes to these details, the evidence-based medicine (EBM) movement has got itself into a mess – or so it will be argued. In order to start to resolve this mess, we need to go 'back to basics'; and that means (...) turning to the philosophy of science. The theory of evidence, or rather the logic of the interrelations between theory and evidence, has always been central to the philosophy of science – sometimes under the alias of the 'theory of confirmation'. When taken together with a little philosophical commonsense, this logic can help us move towards a position on evidence in medicine that is more sophisticated and defensible than anything that EBM has been able so far to supply. (shrink)

This book investigates the central role of reason in Islamic intellectual life. Despite widespread characterization of Islam as a system of belief based only on revelation, John Walbridge argues that rational methods, not fundamentalism, have characterized Islamic law, philosophy and education since the medieval period. His research demonstrates that this medieval Islamic rational tradition was opposed by both modernists and fundamentalists, resulting in a general collapse of traditional Islamic intellectual life and its replacement by more modern but far shallower (...) forms of thought. However, the resources of this Islamic scholarly tradition remain an integral part of the Islamic intellectual tradition and will prove vital to its revival. The future of Islam, Walbridge argues, will be marked by a return to rationalism"--Provided by publisher. (shrink)

Man controls and dominates the habitat of most animals, both domestic and wild and there is a need for a pragmatic, workable approach to the problem of reconciling animal welfare with economic forces and the needs of man. It is the author's contention that much of the current philosophical discussion of animal welfare is misdirected now that it is possible to measure to some extent what animals think and feel and how much they can appreciate their quality of life. The (...) book deals with farm animals, pets, wild animals and laboratory animals and dicusses their environmental requirements, fear and stress, their response to pain, injury, disease and death, behaviour and aggression, and the implications of biotechnology and genetic engineering. Finally, the book tries to reconcile reverence for life with the inescapability of killing and reviews the prospects of preserving and enhancing quality of life for animals through legislations, education, economic and moral incentives. (shrink)