This volume is a “state-of-the-art‘ assessment of comparative philosophy written by some of the leading practitioners of the field. While its primary focus is on gaining methodological clarity regarding the comparative enterprise of “interpreting across boundaries,‘ the book also contains new substantive essays on Indian, Chinese, Japanese, and European thought. The contributors are Roger T. Ames, William Theodore de Bary, Wing-tsit Chan, A. S. Cua, Eliot Deutsch, Charles Hartshorne, Daya Krishna, Gerald James Larson, Sengaku Mayeda, Hajime Nakamura, Raimundo (...) Panikkar, Karl H. Potter, Henry Rosemont, Jr., Ben-Ami Scharfstein, Ninian Smart, Fritz Staal, and Frederick J. Streng. Comparative or cross-cultural philosophy can be seen as a relative newcomer to the field of philosophy. It has its antecedents in the emergence of comparative studies in nineteenth-century European intellectual history, as well as in the sequence of East-West Philosophers’ Conferences at the University of Hawaii, which began in 1939. This book will prove to be of great significance in helping to define a field that is only now becoming fully self-conscious, methodologically and substantively, about its role and function in the larger enterprises of philosophy and comparative studies. (shrink)

Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

‘A fool sees not the same tree that the wise man sees’, so wrote William Blake in his enigmatic ‘Proverbs of Hell’.1 Of course, in one sense, the wise man and the fool see the same tree – they dire...

Some kinds of “fake news” bits on Saturday Night Live (SNL) become more meaningful when linked back to the work of media theorist Neil Postman. Postman's best‐known book, Amusing Ourselves to Death: Public Discourse in the Age of Show Business, argues that TV journalism will inevitably reflect the influences and biases of television itself. The result is an entertaining but incoherent stream of “disinformation” in a “peek‐a‐boo world” of unfocused and shallow discussion. Using Postman's arguments for structure and support here, (...) this chapter explores similar concerns reflected in the satirical news reporting of SNL. It shows that “Weekend Update” and other such pieces can ground key lessons that help us navigate our increasingly complex media environment, a point that Postman himself considers in his book's closing pages. As our media environment continues to change, it becomes helpful to see Postman's thesis as a valuable philosophical insight, and one that SNL's comedy can illustrate quite effectively. (shrink)

This chapter contains section titled: Is and Ought Public Justification and the Principle of Utility Pestilential Nonsense: Rights, Justice, and Utility The Calculus of Pleasure Problems about Pleasure Interests Equality The Universal Interest References and further reading.

Mandeville writes that it was said of Montaigne “that he was pretty well vers’d in the Defects of Man-kind, but unacquainted with the Excellencies of human Nature,” adding, “If I fare no worse, I shall think my self well used.” Mandeville transformed Montaigne’s suggestion into a methodology for his systematic attempt to “anatomize the invisible Parts of Man”. His tale of “the grumbling hive,” and his extensive commentary on it, were designed to demonstrate that “if Mankind could be cured of (...) the Failings they are Naturally guilty of, they would cease to be capable of being rais’d into such vast, potent and polite Societies, as they have been”. (shrink)

This chapter contains section titled: I Integrity: The Notion II Integrity and Justice III The Public Character of Justice IV Fidelity V Integrity and the Law Acknowledgement.

Law bends the past of a community's common life towards its future. Precedent is one of law's favored tools for doing the bending, and legal systems that assign precedent a starring role seem especially mindful of time. Yet, mindfulness of time goes far deeper into law's DNA. It is not limited to the doctrine of precedent or unique to common‐law jurisdictions. Recognizing that time is an elemental dimension of human experience and basic ordering principle of practical agency, law utilizes and (...) orders time. Temporality is essential to law's distinctive mode of governance and guidance. (shrink)

Hume's account of the roots of justice focuses on the need to secure possession against the corrosive effects of unrestrained avidity. The reasons for this focus lie deep in his understanding of human psychology, especially, the mimetic passions shaped by the principles of sympathy, social referencing, and reversal comparison. The need for esteem drives human beings to attach their pride to those things they think are especially valued by those whom they especially admire. Most predominant among these goods are riches (...) and possessions. Intense competition for these scarce goods puts the material and psychological survival of all in jeopardy. Conventions of justice are needed to civilize and channel avidity, transforming it from open and deadly violence and secret envy and malice into productive and public emulation. (shrink)

Gerald Postema presents the collected writings on legal, political, and moral theory of a key thinker of the 17th century, Sir Matthew Hale. Hale develops a unique and sophisticated account of the nature and foundations of common law, with extended reflections on natural law, moral and legal reasoning, and the legal limits of political authority.

This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.

Nowhere has H.L.A. Hart's influence on philosophical jurisprudence in the English-speaking world been greater than in the way its fundamental project and method are conceived by its practitioners. Disagreements abound, of course. Philosophers debate the extent to which jurisprudence can or should proceed without appeal to moral or other values. They disagree about which participant perspective—that of the judge, lawyer, citizen, or “bad man”—is primary and about what taking up the participant perspective commits the theorist to. However, virtually unchallenged is (...) the view that jurisprudence is fundamentally interpretive or “hermeneutic”; that it takes for its subject a certain kind of social practice, constituted by the behavior and understandings of its participants; that its task is to explain this practice and its relations to other important social practices; and that it can properly be explained only by taking full account of participant understandings. It is, perhaps, some measure of the hegemony of Hart's influence that Ronald Dworkin mounts his fundamental challenge to Hart's positivism squarely from within this jurisprudential orthodoxy. Dworkin may have exceeded the limits of the method as Hart conceived it, but, as Stephen Perry has argued, “the seeds of Dworkin's strong version of inter-pretivism were sown by Hart himself.”. (shrink)

This chapter explores themes like freedom of expression and what makes for a democratic society by examining characters and situations collected from a variety of South Park episodes. It discusses some of the important democratic concepts and arguments presented by thinkers like Karl Popper and Thomas Jefferson. Of particular interest are the roles of free expression and unfettered intellectual inquiry—even when they're offensive—in a democratic society. Finally, the author speaks that Popper and others understand this sort of freedom to be (...) absolutely essential to a healthy democracy. (shrink)

When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice to be understood? Is an explanation (...) based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law. (shrink)

Kant argues that the “discipline” of reason holds us topublicargument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for reason's authority (...) in all the provinces that rational beings inhabit. (shrink)

Much of Grünbaum's work may be regarded as a careful development and systematic elaboration of the Riemann-Poincaré thesis of the conventionality of congruence, the thesis that the continuous manifolds of space, time, and space-time are intrinsically metrically amorphous, i.e. are devoid of intrinsic metrics. Therefore, to appreciate Grünbaum's philosophical contributions, one must have a clear understanding of what he means by an intrinsic metric. The second and fourth sections of this paper are exegetical; in them we try to piece together, (...) from his sundry remarks about intrinsic metrics, what Grünbaum means by the term 'intrinsic metric.' We shall argue that, the customary carefulness and precision of Grünbaum's writings notwithstanding, there are residual unclarities and difficulties which beset his conception of an intrinsic metric. In the fifth section we shall propose an explication of Grünbaum's notion of an intrinsic metric which seems on the whole faithful to Grünbaum's intuitions and insights and which also seems capable of performing the philosophical services which his work demands of that notion. The third section is a digression on Zeno's metrical paradox of extension. (shrink)

Author of _The Conservative Mind_, Russell Kirk was a principal architect of the American intellectual conservative movement. This book takes a closer look at his works on such subjects as law, history, economics, and statesmanship to introduce a new generation of readers to the depth and range of his thought. Kirk probed the very meaning of conservatism for modern intellectuals, and in _The Postmodern Imagination of Russell Kirk, _Gerald Russello examines such key concepts of his thought as imagination, historical consciousness, (...) the interplay between the individual and tradition, and the role of narrative in constructing individual and societal identity. By stressing the importance of Kirk’s perception of imagination, he offers a new approach to understanding him, showing not only that Kirk laid the groundwork for the “new conservatism” of the 1950s and ’60s, but also that his work evolved into a sophisticated critique of modernity paralleled in the work of some postmodern critics of liberalism. In order to reconstruct Kirk’s attack on modernity, Russello examines his textbook on economics, his fiction, his work on Robert Taft and Orestes Brownson, his writings on the role of the statesman, and his neglected essays such as “The Age of Discussion” and “The Age of Sentiments.” Russello shows that Kirk welcomed the rise of some form of postmodernism, seeing in it a new opportunity for conservatism to engage the wider culture. Through this analysis, he situates Kirk within wider currents of contemporary thought, connecting him not only with such major thinkers as Lyotard, Boorstin, and Koestler but also with such lesser-known figures as Bernard Iddings Bell, Charles Baudouin, and Christopher Dawson. By examining Kirk’s development of the imagination as a tool of conservative discourse, Russello offers an alternative genealogy for conservative thought that melds its antimodernism with postmodern themes. He has forged a lively and provocative work that provides unusual perspectives on Kirk within the wider context of debate over the future of conservatism in a time of shifting alliances—a book that will be a valuable resource for anyone seeking to understand Kirk or conservative thought. (shrink)