This article challenges the generally accepted dogma that reliance is an essential ingredient in contractual formation. We argue that this view has resulted from an erroneous interpretation of the relevant case law, failure to cite contrary authority, and the elevation of often oblique judicial references to the need for reliance to the status of fundamental contractual principle. Contractual theory and clear policy reasons support our position that in English law a contractual obligation subsists when a person, knowing of a promise, (...) performs the stipulated act (or gives the promise) requested by the promisor, even though that person has not relied on the promise. (shrink)

Research on the capacity to understand others' minds has tended to focus on representations ofbeliefs,which are widely taken to be among the most central and basic theory of mind representations. Representations ofknowledge, by contrast, have received comparatively little attention and have often been understood as depending on prior representations of belief. After all, how could one represent someone as knowing something if one does not even represent them as believing it? Drawing on a wide range of methods across cognitive science, (...) we ask whether belief or knowledge is the more basic kind of representation. The evidence indicates that nonhuman primates attribute knowledge but not belief, that knowledge representations arise earlier in human development than belief representations, that the capacity to represent knowledge may remain intact in patient populations even when belief representation is disrupted, that knowledge (but not belief) attributions are likely automatic, and that explicit knowledge attributions are made more quickly than equivalent belief attributions. Critically, the theory of mind representations uncovered by these various methods exhibits a set of signature features clearly indicative of knowledge: they are not modality-specific, they are factive, they are not just true belief, and they allow for representations of egocentric ignorance. We argue that these signature features elucidate the primary function of knowledge representation: facilitating learning from others about the external world. This suggests a new way of understanding theory of mind – one that is focused on understanding others' minds in relation to the actual world, rather than independent from it. (shrink)

This paper identifies three claims that feature prominently in recent discussions concerning the experience of silence: that experiences of silence are the most “negative” of perceptions, that we do not hear silences because those silences cause our experiences of silence, and that to hear silence is to hear a temporal region devoid of sound. The principal proponents of this approach are Phillips and Soteriou, and here I present a series of objections to common elements of their attempts to place (...) these three claims within an account of experience of silence. The final section of the paper returns to the first of the three claims and argues that, in fact, there is no good reason to accept it as initially formulated. However, when properly formulated, the claim ceases to offer support for Phillips’s and Soteriou’s approach to experience of silence. (shrink)

At his death in 1945, the influential German philosopher Ernst Cassirer left manuscripts for the fourth and final volume of his magnum opus, _The Philosophy of Symbolic Forms_. John Michael Krois and Donald Phillip Verene have edited these writings and translated them into English for the first time, bringing to completion Cassirer's major treatment of the concept of symbolic form. Ernst Cassirer believed that all the forms of representation that human beings use—language, myth, art, religion, history, science—are symbolic, and (...) the concept of symbolic forms was the basis of his thinking on these subjects. In this volume, which contains one text written in 1928 and another in about 1940, Cassirer presents the metaphysics that is implicit in his epistemology and phenomenology of culture. The earlier text grounds the philosopher's conception of symbolic forms on a notion of human nature that makes a general distinction between Geist and life. In the later text, he discusses Basis Phenomena, an original concept not mentioned in any of his previous works, and he compares his own viewpoint with those of other modern philosophers, notably Bergson and Heidegger. (shrink)

In the recent literature on the nature of sound, there is an emerging consensus rejection of what might be thought of as the scientifically informed commonsense position: that sounds, whatever else they may be, must be entities that mediate between the source of the sound and the subject hearing it. This paper offers an argument for such "medial" theories of sound. This argument is intended to shift attention from the two considerations that have dominated the debate thus far: the relevant (...) scientific facts about audition and the spatial phenomenology of auditory experience. (shrink)

In 1947 America’s premier philosopher, educator, and public intellectual John Dewey purportedly lost his last manuscript on modern philosophy in the back of a taxicab. Now, sixty-five years later, Dewey’s fresh and unpretentious take on the history and theory of knowledge is finally available. Editor Phillip Deen has taken on the task of editing Dewey’s unfinished work, carefully compiling the fragments and multiple drafts of each chapter that he discovered in the folders of the Dewey Papers at the Special (...) Collections Research Center at Southern Illinois University Carbondale. He has used Dewey’s last known outline for the manuscript, aiming to create a finished product that faithfully represents Dewey’s original intent. An introduction and editor’s notes by Deen and a foreword by Larry A. Hickman, director of the Center for Dewey Studies, frame this previously lost work. In Unmodern Philosophy and Modern Philosophy, Dewey argues that modern philosophy is anything but; instead, it retains the baggage of outdated and misguided philosophical traditions and dualisms carried forward from Greek and medieval traditions. Drawing on cultural anthropology, Dewey moves past the philosophical themes of the past, instead proposing a functional model of humanity as emotional, inquiring, purposive organisms embedded in a natural and cultural environment. Dewey begins by tracing the problematic history of philosophy, demonstrating how, from the time of the Greeks to the Empiricists and Rationalists, the subject has been mired in the search for immutable absolutes outside human experience and has relied on dualisms between mind and body, theory and practice, and the material and the ideal, ultimately dividing humanity from nature. The result, he posits, is the epistemological problem of how it is possible to have knowledge at all. In the second half of the volume, Dewey roots philosophy in the conflicting beliefs and cultural tensions of the human condition, maintaining that these issues are much more pertinent to philosophy and knowledge than the sharp dichotomies of the past and abstract questions of the body and mind. Ultimately, Dewey argues that the mind is not separate from the world, criticizes the denigration of practice in the name of theory, addresses the dualism between matter and ideals, and questions why the human and the natural were ever separated in philosophy. The result is a deeper understanding of the relationship among the scientific, the moral, and the aesthetic. More than just historically significant in its rediscovery, Unmodern Philosophy and Modern Philosophy provides an intriguing critique of the history of modern thought and a positive account of John Dewey’s naturalized theory of knowing. This volume marks a significant contribution to the history of American thought and finally resolves one of the mysteries of pragmatic philosophy. (shrink)

For almost 10 years, the Business Ethics Index (BEI) has measured consumers’ perceptions of business ethical behavior in the USA and numerous other countries. This article expands the BEI to five Latin American countries (Brazil, Bolivia, Mexico, Argentina, and Colombia). The BEI of Argentina and Bolivia were similar in magnitude to the USA, whereas those for Brazil, Colombia, and Mexico were distinctly higher. The component sub-indices showed divergent patterns. The major ethical concerns for Brazil and Bolivia concerned service, whereas Mexico (...) and Argentina complained about overpricing. (shrink)

Estimates of the burden of disease assess the mortality and morbidity that affect a population by producing summary measures of health such as quality-adjusted life years and disability-adjusted life years. These measures typically do not include stillbirths among the negative health outcomes they count. Priority-setting decisions that rely on these measures are therefore likely to place little value on preventing the more than three million stillbirths that occur annually worldwide. In contrast, neonatal deaths, which occur in comparable numbers, have a (...) substantial impact on burden of disease estimates and are commonly seen as a pressing health concern. In this article we argue in favor of incorporating unintended fetal deaths that occur late in pregnancy into estimates of the burden of disease. Our argument is based on the similarity between late-term fetuses and newborn infants and the assumption that protecting newborns is important. We respond to four objections to counting stillbirths: that fetuses are not yet part of the population and so their deaths should not be included in measures of population health; that valuing the prevention of stillbirths will undermine women's reproductive rights; that including stillbirths implies that miscarriages should also be included; and that birth itself is in fact ethically significant. We conclude that our proposal is ethically preferable to current practice and, if adopted, is likely to lead to improved decisions about health spending. (shrink)

How far does a researcher’s responsibility extend when an incidental finding is identified? Balancing pertinent ethical principles such as beneficence, respect for persons, and duty to rescue is not always straightforward, particularly in neuroimaging research where empirical data that might help guide decision making are lacking. We conducted a systematic survey of perceptions and preferences of 396 investigators, research participants, and Institutional Review Board members at our institution. Using the partial entrustment model as described by Richardson, we argue that our (...) data supports universal reading by a neuroradiologist of all research MRI scans for incidental findings and providing full disclosure to all participants. (shrink)

In this paper I consider the relationship between the spatial properties of visual perceptual experience and the sense-datum inference. I argue that the sense datum inference should be accepted if spatial properties are not merely intentionally present in such experiences. This result serves to underline the seriousness of the difficulties that are presented to direct realism by a particular class of illusory spatial experiences based on the geometry of visual perceptual experience. In light of these considerations I argue that it (...) is a constraint on direct realism that the underlying spatial character of visual perceptual experiences must be the same as that of the physical world. (shrink)

In this paper I argue that the theory that holes are immaterial objects faces an objection that has traditionally been thought to be the principal difficulty with its main rival, which construes holes as material parts of material objects. Consequently, one of the principal advantages of identifying holes with immaterial objects is illusory: its apparent ease of accounting for truths about number of holes. I argue that in spite of this we should not think of holes as material parts of (...) material objects. This is because the theory that holes are properties does not face the same difficulties as either of these theories that construe holes as objects of some sort. (shrink)

A primary goal of clinical practice is to respect patient autonomy. To promote this goal for patients who have lost the ability to make their own decisions, commentators recommend that surrogates make their treatment decisions based on the substituted judgment standard. This standard is commonly interpreted as directing surrogates to make the decision the patient would have made in the circumstances, if the patient were competent. However, recent commentators have argued that this approach—attempting to make the decision the patient would (...) have made if competent—is theoretically problematic, practically infeasible, and ignores the interests of the patient9s family and loved ones. These commentators conclude that the substituted judgment standard should be revised significantly, or abandoned altogether. While this response would avoid the cited problems, it also would require substantial changes to clinical practice and would raise significant problems of its own. The present paper thus considers the possibility that the criticisms do not point to problems with the substituted judgment standard itself; instead, they point to problems with the way it is most commonly interpreted. This analysis suggests that the substituted judgment standard need not be dramatically revised or abandoned. Instead, it should be interpreted in a way that effectively promotes respect for the autonomy of incompetent patients. The ‘endorsed life’ interpretation described here helps clinicians and surrogates to achieve this important goal. To clarify this approach, we explain how it differs from three other recently proposed alternatives to the standard interpretation of the substituted judgment standard. (shrink)

Breaking new ground in Sarraute studies, John Phillips reads the novels and plays of Nathalie Sarraute in a hitherto largely neglected critical perspective. Through a detailed analysis of textual metaphors, he demonstrates that Sarraute's writing is informed and inspired by an intensely personal set of desires. Unlike previous criticism, which has stressed the formal aspects of the writing to the exclusion of the psychological, this study exploits contemporary psychoanalytic and feminist theory to expose an unconscious feminine dimension which (...) the author herself has never recognized. (shrink)

The essays in this book, by a variety of leading Augustine scholars, examine not only Augustine's multifaceted philosophy and its relation to his epoch-making theology, but also his practice as a philosopher, as well as his relation to other philosophers both before and after him. Thus the collection shows that Augustine's philosophy remains an influence and a provocation in a wide variety of settings today.

This anthology contains twelve papers on various aspects of Platonism, ranging from Plato's Republic to the Neoplatonism of Plotinus, Iamblichus, Proclus and Hermias, to the use of Platonic philosophy by Cudworth and Schleiermacher. The papers cover topics in ethics, psychology, religion, poetics, art, epistemology, and metaphysics.

In this paper I argue that holes are not objects, but should instead be construed as properties or relations. The argument proceeds by first establishing a claim about angles: that angles are not objects, but properties or relations. It is then argued that holes and angles belong to the same category, on the grounds that they share distinctive existence and identity conditions. This provides an argument in favour of categorizing holes as one categorizes angles. I then argue that a commitment (...) to the existence of properties to be identified with holes provides sufficient resources to account for true claims about holes. (shrink)

In this interview Samuel Weber proposes a rethinking of the relation of secrecy to transparency and outlines some of the forms it takes, while considering certain of its implications for current social, political and epistemological contexts. He begins by questioning the opposition itself, suggesting that we will have to learn to be more at home with the secret and that the demand for transparency must be radically rethought and complicated. He argues that the demand for absolute transparency can only promote (...) and obscure the process by which the ‘secret’ is placed in the service of private appropriation. As the emotional experience of the relation between transparency and secrecy reflects the historically specific traditions that constitute the sense of self, then it is that sense that should be ‘opened up to its irreducible heterogeneity’. (shrink)

Abstract: In this paper I consider recent attempts to establish that the geometry of visual experience is a spherical geometry. These attempts, offered by Gideon Yaffe, James van Cleve and Gordon Belot, follow Thomas Reid in arguing for an equivalency of a geometry of ‘visibles’ and spherical geometry. I argue that although the proposed equivalency is successfully established by the strongest form of the argument, this does not warrant any conclusion about the geometry of visual experience. I argue, firstly, that (...) the resistance of this contemporary argument to empirical considerations counts against its plausibility. Moreover, I argue that the contemporary approach provides no compelling reason for supposing that the geometry offered as the geometry of ‘visibles’ is the correct geometrical description of visual experience. (shrink)

Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 51 major international scholars, the Oxford Handbook of Political Theory provides the key point of reference for anyone working in political theory and beyond.

Argumentation schemes bring artificial intelligence into day to day conversation. Interpreting the force of an utterance, be it an assertion, command, or question, remains a task for achieving this goal. But it is not an easy task. An interpretation of force depends on a speaker’s use of words for a hearer at the moment of utterance. Ascribing force relies on grammatical mood, though not in a straightforward or regular way. We face a dilemma: on one hand, deciding force requires an (...) understanding of the speaker’s words; on the other hand, word meaning may shift given the force in which the words are spoken. A precise theory of how mood and force relate helps us handle this dilemma, which, if met, expands the use of argumentation schemes in language processing. Yet, as our analysis shows, force is an inconstant variable, one that contributes to a scheme’s defeasibility. We propose using critical questions to help us decide the force of utterances. (shrink)

For more than 30 years and until his death in 2004 Jacques Derrida remained one of the most influential contemporary philosophers. It may be difficult to evaluate what forms his heritage will take in the future but _Derrida Now_ provides some provocative suggestions. Derrida’s often-controversial early reception was based on readings of his complex works, published in journals and collected in books. More recently attention has tended to focus on his later work, which grew out of the seminars that he (...) presented each year in France and the US. The full texts of these seminars are now the subject of a major publication project, to be produced over the next ten years. _Derrida Now_ presents contemporary articles based on or around the study of Derrida. It provides a critical introduction to Derrida’s complex and controversial thought, offers careful analysis of some of his most important concepts, and includes essays that address the major strands of his thought. Derrida’s influence reached not only into philosophy but also into other fields concerned with literature, politics, visual art, law, ecology, psychoanalysis, gender and sexuality and this book will appeal to readers in all these disciplines. Contributors include Peggy Kamuf, Geoff Bennington, Sarah Wood, Roy Sellars, Graham Allen, and Irving Goh. (shrink)

We generalize an observation made by Goldblatt in "Diodorean modality in Minkowski spacetime" by proving that each -dimensional integral spacetime frame equipped with Robb's irreflexive `after' relation determines a unique temporal logic. Our main result is that, unlike -dimensional spacetime where, as Goldblatt has shown, the Diodorean modal logic is the same for each frame , in the case of -dimensional integral spacetime, the frame determines a unique Diodorean modal logic.

The main project of this dissertation is to analyze various temporal conceptions of modality for discrete n-dimensional spacetime. The first chapter contains an introduction to the problem and known results. Chapter 2 consists of a study of logics which are analogues of the so-called 'logic of today and tomorrow' and 'logic of tomorrow' investigated by Segerberg and others. We consider the analogues of these successor logics for 2-dimensional integral spacetime. We provide axiomatizations in monomodal and multimodal languages and prove completeness (...) theorems. We also establish that the irreflexive successor logic in the "standard" modal language is not finitely axiomatizable. ;Chapter 3 investigates the axiomatization problem for 2-dimensional integral spacetime frames with Robb's irreflexive 'after' relation. We provide an axiomatization in a multimodal language and prove that this axiomatization is complete. We use this result to prove the system in the "standard" modal language is decidable. ;In Chapter 4 we take up the problem of what the correct Diodorean modal logic is for 2-dimensional integral spacetime. We show that the corresponding Diodorean modal logic is not S4.2, nor indeed any known modal system. We then present several candidate axioms and prove their independence in the context of S4.2. We also study some of the sublogics of the Diodorean modal logic for 2-dimensional discrete spacetime . ;The final chapter contains some general results. First we prove that for every n ≥ 2 the n-dimensional frame determines a unique Diodorean modal logic. We also consider temporal logics in the language with F and P for two kinds of irreflexive spacetime frames. We prove that for every n ≥ 2 the n-dimensional frame with Robb's 'after' relation determines a unique temporal logic. We also prove a generalized completeness theorem for n-dimensional irreflexive successor logics. Finally, in an appendix, we provide a list of selected open problems and indicate directions for future research in this area. (shrink)

Kleinian psychoanalysis has recently experienced a renaissance in academic and clinical circles. _Reading Melanie Klein_ responds to the upsurge of interest in her work by bringing together the most innovative and challenging essays on Kleinian thought from the last two decades. The book features material which appears here for the first time in English, and several newly written chapters. _Reading Melaine Klein_ recontextualizes Klein to the more well-known works of Freud and Lacan and disproves the long-held claim that her psychoanalysis (...) is both too normative and too conservative for critical consideration. The essays address Klein's distinctive readings of the unconscious and phantasy, her tenacious commitment to the death drive, her fecund notions of anxiety, projection and projective identification and, most famously, her challenge to Freud's Oedipus complex and theories of sexual difference. The authors demonstrate that not only is it possible to rethink the epistemological basis of Kleinian theory, rendering it as vital as those of Freud and Lacan, but also that her psychoanalysis can engage in powerful and productive dialogue with diverse disciplines such as politics, ethics and literary theory. This timely collection is an invaluable addition to the scholarship on Melaine Kein and catalyst for further debate not only within the psychoanalytic community but also across social, critical and cultural studies. (shrink)

Perfect Paperbount Trim: 6 X 9 Text throught No halftones, No bleeds Update Print/Year line to read for year 2001, 6th printing.

This book, the first of its kind, surveys the career of the renowned Australian-German theatre and opera director Barrie Kosky. Its nine chapters provide multidisciplinary analyses of Barrie Kosky’s working practices and stage productions, from the beginning of his career in Melbourne to his current roles as Head of the Komische Oper Berlin and as a guest director in international demand. Specialists in theatre studies, opera studies, musical theatre studies, aesthetics, and arts administration offer in-depth accounts of Kosky’s unusually wide-ranging (...) engagements with the performing arts – as a director of spoken theatre, operas, musicals, operettas, as an adaptor, a performer, a writer, and an arts manager. Further, this book includes contributions from theatre practitioners with first-hand experience of collaborating with Kosky in the 1990s, who draw on interviews with members of Gilgul, Australia’s first Jewish theatre company, to document this formative period in Kosky’s career. The book investigates the ways in which Kosky has created transnational theatres, through introducing European themes and theatre techniques to his Australian work or through bringing fresh voices to the national dialogue in Germany’s theatre landscape. An appendix contains a timeline and guide to Kosky’s productions to date. (shrink)

For more than 30 years and until his death in 2004 Jacques Derrida remained one of the most influential contemporary philosophers. It may be difficult to evaluate what forms his heritage will take in the future but _Derrida Now_ provides some provocative suggestions. Derrida’s often-controversial early reception was based on readings of his complex works, published in journals and collected in books. More recently attention has tended to focus on his later work, which grew out of the seminars that he (...) presented each year in France and the US. The full texts of these seminars are now the subject of a major publication project, to be produced over the next ten years. _Derrida Now_ presents contemporary articles based on or around the study of Derrida. It provides a critical introduction to Derrida’s complex and controversial thought, offers careful analysis of some of his most important concepts, and includes essays that address the major strands of his thought. Derrida’s influence reached not only into philosophy but also into other fields concerned with literature, politics, visual art, law, ecology, psychoanalysis, gender and sexuality and this book will appeal to readers in all these disciplines. Contributors include Peggy Kamuf, Geoff Bennington, Sarah Wood, Roy Sellars, Graham Allen, and Irving Goh. (shrink)

This article examines Plato’s claim that the founders of the ideal city ought to establish a law compelling the philosophers to rule. This claim is perplexing as it seems to suggest that in the ideal city justice is not in the best interests of its possessor, for by obeying the law and ruling the philosopher will in turn be made very unhappy. Following a critical appraisal and ultimate rejection of a number of different attempts to make sense of this tension, (...) this article advances a ‘communitarian’ interpretation. According to this interpretation, the existence of a law compelling the philosopher to rule is ultimately in her best interest because her ruling will lead to a well-educated and intellectually virtuous community. The existence of this virtuous community will, in turn, allow the philosopher better to achieve her principal goal—the attainment and preservation of truth. (shrink)

This article examines Plato's claim that the founders of the ideal city ought to establish a law compelling the philosophers to rule. This claim is perplexing as it seems to suggest that in the ideal city justice is not in the best interests of its possessor, for by obeying the law and ruling the philosopher will in turn be made very unhappy. Following a critical appraisal and ultimate rejection of a number of different attempts to make sense of this tension, (...) this article advances a 'communitarian' interpretation. According to this interpretation, the existence of a law compelling the philosopher to rule is ultimately in her best interest because her ruling will lead to a well-educated and intellectually virtuous community. The existence of this virtuous community will, in turn, allow the philosopher better to achieve her principal goal -- the attainment and preservation of truth. (shrink)