Law is a specialized semiotic realm, but lawyers generally are ignorant of this fact. Lawyers may manage meaning, but they also are managed by meaning. Seemingly trapped by the weight of pre-existing signs, their attempts to manage these meanings generally are limited to technical interventions and instrumentalist strategies. Signs have power over lawyers because they are embedded in narratives, a semiotic economy that confronts the lawyer as “given” even though it is dynamic and constantly under construction. Most lawyers do not (...) make meaning through legal narratives; rather, they parrot bits of the controlling narratives in response to certain problems. Because clients often can achieve their objectives when their lawyers crudely manipulate the symbols of law, these endeavors pay very well. Well-paid lawyers tend not to ask too many questions. Consequently, semiotics is, at best, misunderstood by lawyers; more likely it is wholly unknown. A lawyer’s avowed instrumentalism is the very problem to be addressed in this regard. For the scope of discussion, I refer to Vico’s famous On the Study Methods of Our Time and draw my conclusion for the lawyer of our time. (shrink)

Hans-Georg Gadamer and Paul Ricoeur were two of the most important hermeneutical philosophers of the twentieth century. Gadamer single-handedly revived hermeneutics as a philosophical field with his many essays and his masterpiece, Truth and Method. Ricoeur famously mediated the Gadamer-Habermas debate and advanced his own hermeneutical philosophy through a number of books addressing social theory, religion, psychoanalysis and political philosophy. This book brings Gadamer and Ricoeur into a hermeneutical conversation with each other through some of their most important commentators. Twelve (...) leading scholars deliver contemporary assessments of the history and promise of hermeneutical philosophy, providing focused discussion on the work of these two key hermeneutical thinkers. The book shows how the horizons of their thought at once support and question each other and how, in many ways, the work of these two pioneering philosophers defines the issues and agendas for the new century. (shrink)

Karl Llewellyn and the course of philosophy in American law -- Philosophical perspectives on law -- Areas of philosophy and their relationship to law -- Philosophical examinations of legal issues -- Law, rhetoric, and practice theory -- Commentaries-- Questioning the relationship between philosophy and American Law.

Legal practice exemplifies the activity of hermeneutical understanding. This chapter explores the dynamic of legal interpretation by focusing on key topics in the philosophical literature. It considers Gadamer's critical distinction between a legal historian writing about a law in the past and a judge deciding a case according to the law. The chapter then reanimates the natural law tradition against the reductive characteristics of legal positivism, reconfiguring the debate by construing man's nature as hermeneutical. Finally, it describes how philosophical hermeneutics (...) grounds critical legal theory rather than serving as a quiescent acceptance of the status quo, drawing from the famous exchanges between Gadamer, Ricoeur, and Habermas. These topics provide a point of entry for demonstrating the exemplary status of legal practice for hermeneutical theory. These topics provide a point of entry for demonstrating the exemplary status of legal practice for hermeneutical theory. (shrink)

In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth anniversary of (...) Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together. (shrink)

Psychologism in logic is the doctrine that the semantic content of logical terms is in some way a feature of human psychology. We consider the historically influential version of the doctrine, Psychological Individualism, and the many counter-arguments to it. We then propose and assess various modifications to the doctrine that might allow it to avoid the classical objections. We call these Psychological Descriptivism, Teleological Cognitive Architecture, and Ideal Cognizers. These characterizations give some order to the wide range of modern views (...) that are seen as psychologistic because of one or another feature. Although these can avoid some of the classic objections to psychologism, some still hold. (shrink)

Defending Life is arguably the most comprehensive defense of the pro-life position on abortion - morally, legally, and politically - that has ever been published in an academic monograph. It offers a detailed and critical analysis of Roe v. Wade and Planned Parenthood v. Casey as well as arguments by those who defend a Rawlsian case for abortion-choice, such as J. J. Thomson. The author defends the substance view of persons as the view with the most explanatory power. The substance (...) view entails that the unborn is a subject of moral rights from conception. While defending this view, the author responds to the arguments of thinkers such as Boonin, Dworkin, Stretton, Ford and Brody. He also critiques Thomson's famous violinist argument and its revisions by Boonin and McDonagh. Defending Life includes chapters critiquing arguments found in popular politics and the controversy over cloning and stem cell research. (shrink)

Catholics and Evangelical Protestants often find themselves on the same side on a variety of issues in bioethics. However, some Evangelicals have expressed reluctance to embrace the natural law reasoning used by Catholics in academic and policy debates. In this article, I argue that the primary concerns raised by Evangelicals about natural law reasoning are, ironically, concerns expressed by and intrinsic to the natural law tradition itself. To show this, I address two types of Protestant critics: the Frustrated Fellow Traveler (...) and the Solo Scripturist. (shrink)

This book is an extended argument for the critical importance which justice and ethical leadership should have in business ethics education. The book examines the history of ideas and purposes in education, the contemporary role of business schools, and the social foundations of moral education to conclude that the pragmatic pursuit of the good must be a central aim of business strategy. To meet the challenges of facing society today, the masters of business must be moral craftsmen in a just (...) and democratic private property economy that serves the common good. The author grounds this vision for business leadership in the centrality of systems of exchange in human society, in generating prosperity and providing for the general welfare. Business ethics education has focused primarily on moral formation of individual leaders and managers in the context of ethical codes, organizational culture, and legal compliance. Important as this approach is, it fails to generate a sufficient level of business responsibility to satisfy legitimate social concerns regarding the use of natural resources, environmental sustainability, reasonable limitation of systemic risk in capital markets, and fair allocation of goods and services. If the social purpose of business is not intentionally embraced and diligently pursued, the economy may enrich a few but impoverish the society, its resources, and its democracy. Hence this book argues for a new vision of business ethics that is grounded in public accountability of business operations and outcomes for the common good, as a matter of justice. (shrink)

The purpose of this essay is to offer support for the substance view of persons, the philosophical anthropology defended by Patrick Lee in his essay. In order to accomplish this the author presents a brief definition of the substance view; argues that the substance view has more explanatory power in accounting for why we believe that human persons are intrinsically valuable even when they are not functioning as such, why human persons remain identical to themselves over time, and why it (...) follows from these points that the unborn are human persons; and responds to two arguments that attempt to establish the claim that the early human being is not a unified substance until at least fourteen days after conception. (shrink)

This article responds to Giubilini and Minerva’s article ‘After birth abortion: why should the baby live?’ published in the Journal of Medical Ethics. They argue for the permissibility of ‘after-birth abortion’, based on two conjoined considerations: (1) the fetus or newborn, though a ‘potential person’, is not an actual person, because it is not mature enough to appreciate its own interests, and (2) because we allow parents to terminate the life of a fetus when it is diagnosed with a deformity (...) or fatal illness because of the burden it will place on the child, parent, family or society we should also allow parents to do the same to their newborn, since it is no more a person than the fetus. The author critiques this case by pointing out (a) the metaphysical ambiguity of potential personhood and (b) why the appeal to burdens is irrelevant or unnecessary. (shrink)

Moloney, Francis J Jesus' teaching on divorce is a question of central importance to the Christian churches. The ministry of Pope Francis, and the agenda of the Synod of Bishops on the Family, has again drawn attention to the issue. Given the paucity of material on marriage and divorce in the entire Bible, it is not surprising that very little material in the New Testament is dedicated to Jesus' attitude to the issue. But what is found in Paul, (...) Mark, Matthew and Luke is confronting to contemporary sensitivities, and calls for clear analysis. An uncritical affirmation that Jesus prohibited divorce does not do justice to what is recalled in our inspired Scriptures. The fact that he did so must be given its due importance, but Jesus' prohibition of divorce and remarriage is not the only word on marriage and divorce in the pages of the New Testament. A neglect of the subtleties expressed across the pastoral and theological reinterpretations of Paul, Mark, and Matthew, accepted by the church as the inspired Word of God, call for close attention. (shrink)

THINKER is an automated natural deduction first-order theorem proving program. This paper reports on how it was adapted so as to prove theorems in modal logic. The method employed is an indirect semantic method, obtained by considering the semantic conditions involved in being a valid argument in these modal logics. The method is extended from propositional modal logic to predicate modal logic, and issues concerning the domain of quantification and existence in a world's domain are discussed. Finally, we look at (...) the very interesting issues involved with adding identity to the theorem prover in the realm of modal predicate logic. Various alternatives are discussed. (shrink)

The ascendancy of Christian activism in bioethical policy debates has elicited a number of responses by critics of this activism. These critics typically argue that the public square ought to embrace Secular Liberalism, a perspective that its proponents maintain is the most just arrangement in a pluralist society, even though SL places restraints on Christian activists that are not placed on similarly situated citizens who hold more liberal views on bioethical questions. The author critiques three arguments that are offered to (...) defend SL: the golden rule contract argument, the secular reason argument, and the err-on-the-side-of-liberty argument. The author concludes that each of these arguments fail to support SL. (shrink)

This article critically assesses an account of religious liberty often associated with several legal and political philosophers: Ronald Dworkin, John Rawls, and Christopher Eisgruber and Lawrence Sager. Calling it the Religion as Comprehensive Doctrine approach, the author contrasts it with an account often attributed to John Locke and the American Founders Thomas Jefferson and James Madison, the Two Sovereigns approach. He argues that the latter provides an important corrective to RCD’s chief weakness: RCD eliminates from our vision those aspects of (...) religious belief and practice that most conventional religious believers would consider essential to their faith. (shrink)

We share Minkoff et al.’s (2024) concern regarding the potential disavowal of pregnant patients’ right to refuse medical interventions, without or against their explicit consent, aimed at preservin...

The name of Gerhard PODSKALSKY is well known to all Byzantinists and his works on Russian Christianity and theology (988–1237) and Greek theology (1453–1821) published by Beck in 1982 and 1988 respectively have become classic works of reference. Since both Bulgaria and Serbia were the Empire's immediate neighbours and at various times integral parts of the Byzantine Empire this book is of greater importance for the Byzantinist than the previous two and without any doubt it will find a place in (...) every scholar's library. In his preface the author stresses (p. VII) that the book has been written with Western scholars in mind and for this reason he not only gives brief summaries of the contents of all original Slav works but also lists translations in Western languages of the works discussed, which makes the book invaluable for scholars who do not have a working knowledge of Slavonic and modern Slav languages. (shrink)

As this quotation indicates, the development of Gadamer’s philosophical hermeneutics over the years has been characterized by a tension arising from the desire both to differentiate his thought from Hegel’s and to identify with it in an abiding spirit of agreement. The effect has been a noteworthy shift of emphasis in Gadamer’s relationship to Hegel as he has moved from a “profiling” stance in Wahrheit und Methode to one of appropriation in his more recent essays. My goal here is to (...) examine this shift of emphasis and to reflect on its philosophical significance. This will be done in three stages: first, we shall examine the way Gadamer “profiles” himself against Hegel in Wahrheit und Methode by highlighting different shades of meaning that emerge from the notion that “the true is the whole” when that notion is rethought “from the center of language”; second, we shall revisit with Gadamer the “neighborhood of the great teacher of concrete universality, Hegel,” in order to appropriate the enduring significance of this Hegelian theme for hermeneutics as an evocation of the way reason works in history to achieve freedom; and finally, we shall reflect upon the way in which the thinking of Hegel and Gadamer “belong-together” in their relation of difference amid identity, and upon the significance this has for our own thinking regarding the way in which the questions of truth and freedom belong-together in human existence. (shrink)

As this quotation indicates, the development of Gadamer’s philosophical hermeneutics over the years has been characterized by a tension arising from the desire both to differentiate his thought from Hegel’s and to identify with it in an abiding spirit of agreement. The effect has been a noteworthy shift of emphasis in Gadamer’s relationship to Hegel as he has moved from a “profiling” stance in Wahrheit und Methode to one of appropriation in his more recent essays. My goal here is to (...) examine this shift of emphasis and to reflect on its philosophical significance. This will be done in three stages: first, we shall examine the way Gadamer “profiles” himself against Hegel in Wahrheit und Methode by highlighting different shades of meaning that emerge from the notion that “the true is the whole” when that notion is rethought “from the center of language”; second, we shall revisit with Gadamer the “neighborhood of the great teacher of concrete universality, Hegel,” in order to appropriate the enduring significance of this Hegelian theme for hermeneutics as an evocation of the way reason works in history to achieve freedom; and finally, we shall reflect upon the way in which the thinking of Hegel and Gadamer “belong-together” in their relation of difference amid identity, and upon the significance this has for our own thinking regarding the way in which the questions of truth and freedom belong-together in human existence. (shrink)

In 1970, exactly fifty years ago, I took entrance examinations in Hebrew and Greek to begin studies at the Pontifical Biblical Institute, Rome. I have shared in various ministries since then, sometimes in positions that distracted from my academic interests. Nevertheless, I have been a privileged 'insider' to the development of critical studies of the New Testament over the past fifty years. Given my history, the title of this essay shamelessly plagiarises Geoffrey Blainey's delightful recollections of his early years, 'Before (...) I Forget'. (shrink)

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_Discusses Derrida as a religious thinker, reading Dante’s Commedia and Derrida’s religious writings together._.