This paper reviews the theoretical underpinnings of phenomenology-related writings which support claims that the self and the social (the ‘I’ and the ‘We’) can plausibly be integrated and nurtured together in education. We begin by analysing contemporary theorising which suggests that reviewing foundational phenomenologists, particularly Husserl and Merleau-Ponty, can lead to greater clarity in understanding and appreciating the intersubjective sense of the self and the social. This perspective is aided by reviewing the reciprocal connections which take place during human action, (...) situational structuring, and reality construction. Building on this review we consider some of the ontological possibilities for a self and social phenomenology to become more central to educational aims. In doing so, we raise rather than unpack in exhaustive detail associated methodological matters in light of their educational implications. If successfully enacted, we perceive considerable benefits for students in being able to directly attend to the properties of their experiences, especially in contexts where new habits are formed and where opportunities arise for self and shared experiences to be reviewed and reflected on by all involved. (shrink)

How can we make moral sense of the international humanitarian law doctrine of combatant immunity? The doctrine is morally shocking to many: It holds soldiers on both sides of a war immune from criminal prosecution for their otherwise criminal acts of killing, maiming, destroying property, etc., carried out as part of their country's war effort. That is, soldiers who kill as part of an attack benefit from the immunity just as much as those defending their country. Traditionally, just war theorists (...) have tried to provide situation‐specific arguments to show that soldiers on both sides had a good moral justification for their actions. Recently, self‐styled “revisionist just war theorists” have suggested that the doctrine of combatant immunity is just a convention designed to minimize harm. In this article, I suggest that the moral foundation of the doctrine lies in the status of soldiers as public officials in the service of their country. The reason why we hold them immune from prosecution for their war‐making acts is that such acts are properly thought of as acts of a state, rather than as acts of a particular individual. And the reason why states are immune from prosecution for their acts is one of moral standing: No other state has the moral standing to tell another how to carry out the matters that define its jurisdiction. So as long as a country deems (however implausibly) that it must use force to defend itself from aggression, then it may do what is required to defend itself. No other state has the standing to prohibit such acts or to punish those who carry them out. This argument is rooted in an understanding of how individuals may interact as free and equal under law. It does not aim at the perfection of human action, but it does serve to eliminate the worst forms of tyranny. (shrink)

This paper utilises selective writings by John Dewey and Maurice Merleau-Ponty as the conceptual basis for considering how an enhanced synergistic focus on habit and embodiment could support practice gains in schools. The paper focuses on Dewey’s belief that established habits can help students to incorporate experiences into evaluations of educational progress and Merleau-Ponty’s spotlight on the body-subject, and how it provides a holistic way of conceiving relations that avoid over privileging abstraction and cognition and under-representing the centrality of the (...) body in human experience. We then evaluate the role of language and reflection in relation to habit, embodiment, and education before discussing some of the general educational practice considerations which might improve the quality of students learning experiences. In conclusion, we consider the possibilities for Dewey’s pragmatism to function as a theoretical bridge to Merleau-Ponty’s phenomenology of perception and the nature of experience. We argue that while it is important to recognise points of difference, in relation to philosophical treatments of habit and embodiment, it is also important to consider the overlap and new connections between Merleau-Ponty and Dewey which are valuable to take forward in contemporary education. (shrink)

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what (...) problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions,' challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics and philosophy. (shrink)

Criminal law theory made a significant advance roughly thirty years ago when George Fletcher popularized the important conceptual distinction between justifications and excuses. In the intervening years, however, very little progress has been made in exploring the structure and function of justification defenses. The reason for this failure, I suggest, is a widely shared misconception about their place within the criminal law’s institutional structure. Contrary to what is generally believed, it is not up to trial courts to decide ex post (...) facto what conduct is justified and what is not. This determination is made ex ante by other institutional actors such as private fiduciaries, public officials, and sometimes, ordinary citizens caught in extraordinary circumstances. The court’s role is simply to review the validity of that prior exercise of decision-making discretion. More broadly, my study is intended to serve as a reminder of the importance of institutional structure in criminal law. It is almost always misleading to address issues in criminal law by way of abstract moral theorizing, as is often done, because this leaves out the crucial question of institutional division of labor. Before addressing the substantive aspect of particular questions—what conduct should be prohibited, justified, or excused—we must first address ourselves to the institutional questions that I have called the problems of authority, discretion, and legality. These institutional questions receive their most thorough treatment in two other areas of law: the private law of fiduciaries and public administrative law. If we wish to make progress in understanding justification defenses—and the institutional structure of criminal law more generally—I argue that it is to these areas of law that we should attend. (shrink)

The paper calls for a re-evaluation of physical education’s cognitive value claims, as this issue is fundamental to many of the conceptual difficulties the subject faces. Current epistemological challenges are reviewed before analysing the structural connections between intelligent practice and intelligent virtues, and the possibilities for physical education to better articulate its’ intrinsic and instrumental values claims. The paper evaluates arguments made on this basis and reviews revised curriculum planning and pedagogical practices, which could support an enhanced focus on learners’ (...) wider aspirations and achievements; factors crucial for a virtuous life. While applauding enquiry into the possibilities for considering physical education as a moral endeavor, the paper raises concerns about conceptual clarity in intellectual and empirical accounts of virtue. The paper concludes by advocating further research on the interrelationship between intellectual and empirical accounts of skill, evaluation of learners’ decision-making and the aims of physical education and school sport programmes. (shrink)

Criminal justice is much more deeply connected to the very possibility of state authority than is usually understood. In this article, I argue that, whatever else criminal justice might accomplish, there is one task that it must accomplish. This, I argue, is because a certain idea of criminal justice is built into the very idea of state authority as we know it. It is just part of the idea of individuals having a private right, I argue, that there exists a (...) legal mechanism for vindicating those rights when violated. Similarly, I argue, it is just part of the idea of the state having an exclusive right to set the terms of our association that there exists a legal mechanism for vindicating its exclusive right to do so when it is challenged. This idea of criminal justice is an old one that is built into an old understanding of state authority. In the final section of this article, I show that it is not only conceptually coherent but also normatively attractive. I end by showing that some views that have often been associated with the right-to-rule approach set out here are not part of the account at all. (shrink)

This article raises a principled objection to the privatization of certain core police services. Whereas most of the literature critical of privatizing security services has focused on the negative consequences of doing so (corruption, waste, etc.), the argument here focuses squarely on the standing of private parties to perform police services. According to an important strain of liberal political theory, certain tasks are assigned to the state not because it is deemed to be more efficient at delivering those services but (...) simply because such services must be rendered by a party that acts in the name of the polity as a whole and not in the name of some narrower private interest. The author argues that all those policing functions – such as arrest, search, and detention – that require criminal law justification (because they involve conduct on the part of officers that is generally criminally prohibited) are of this nature. The article also summarizes the different dimensions of the larger privatization debate and traces the development of the debate about legitimate policing in the nineteenth and twentieth centuries. (shrink)

In this paper, I argue that policing can be defended as consistent with the equality of all before the law – but not by denying that policing occupies a special place in our legal order that is dangerously close to certain ancien régime privileges. In order to defend the special privileges of policing, it is essential to show that they are something quite different from the ancien régime privileges that they in some respects resemble. The crucial conceptual tool for making (...) that argument is the idea of public office. Policing, I argue, is a public office and like other public offices, it comes equipped with a number of special rights, privileges, powers, and immunities that are not generally possessed by all persons in their private capacity. But that situation is no challenge to the equality of all persons before the law. Those special rights do not belong to the office-holder as their private property, to do with them just as they would like. They belong, instead, to the office itself, and they may be exercised only by someone duly appointed to the office (who may also be duly removed from office) and only in pursuit of the purposes that define her office. The idea of public office is what makes possible a necessary and acceptable kind of inequality – that between individual private persons on the one hand and the collective person of the state on the other – while maintaining the kind of equality that matters, which is the equality of all persons vis-à-vis one another. (shrink)

This paper, originally written for a conference on criminal law in times of emergency, considers the implications of the ‘German Airliner case’ for criminal law theory. In that case, the German constitutional court struck down as unconstitutional a law empowering state officials to order the shooting down of a hijacked plane on the grounds that the state could not order the killing of innocent civilians. Some have argued that despite this ruling, individual officials should still be entitled to claim a (...) criminal law justification defence. I argue that the nature of justification defences necessarily ties them to the powers of the state to engage in such activity. I also argue that both the constitutional decision and its criminal law implications are salutary. (shrink)

This article argues, from a critical realist perspective, that it would be beneficial to extend thinking on how personal and social education could become more central to students’ learning. We explore how constructive-informed arrangements which emphasize cognitive skills and affective qualities could be realized through experiential approaches to learning. Our theorizing is informed by neo-Aristotelian thinking on the importance of identifying mutually acceptable value commitments which can cultivate practical wisdom as well as generally benefit society. Thereafter, we outline how the (...) recent writings of Tiberius could inform thinking on how, epistemologically and ethically, a first person perspective on learning and personal growth could connect with normative decision making on how to make good life choices. We conclude by briefly highlighting the methodological potential of using outdoor learning environments to help students make informed and wise judgements which show evidence of discernment, deliberation and effective decision making. (shrink)

Stephen Phillips has devoted his career to excavating some of the most valuable gems of Indian philosophy and bringing them into conversation with contemporary thought. This volume honors him and follows his lead by continuing his lifelong project: faithfully interpreting Sanskrit texts to think along with their authors about ideas that still perplex us today. -/- It features ten new essays focusing on epistemology, logic, and metaphysics from outstanding philosophers and scholars of Sanskrit philosophy, with contributions varying in methodology: both (...) historical and cross-cultural. Further, in addition to essays on Nyāya and Advaita Vedānta, it engages with Navya-Nyāya (“new Nyāya”), an important but understudied part of Indian philosophy. Through these investigations, in conversation with Phillips's groundbreaking work, the contributors show the value of cross-cultural engagement for philosophical progress. -/- The Vindication of the World will be of interest to scholars and advanced students working in Indian philosophy, comparative philosophy, and, more generally, epistemology, logic, and metaphysics. (shrink)

This unusually innovative book treats reflexivity, not as a philosophical conundrum, but as a practical issue that arises in the course of scholarly research and argument. In order to demonstrate the concrete and consequential nature of reflexivity, Malcolm Ashmore concentrates on an area in which reflexive "problems" are acute: the sociology of scientific knowledge. At the forefront of recent radical changes in our understanding of science, this increasingly influential mode of analysis specializes in rigorous deconstructions of the research practices (...) and textual products of the scientific enterprise. Through a series of detailed examinations of the practices and products of the sociology of scientific knowledge, Ashmore turns its own claims and findings back onto itself and opens up a whole new era of exploration beyond the common fear of reflexive self-destruction. (shrink)

v. 1. Science.--v. 2. Ethics and politics.--v. 3. Metaphysics.--v. 4. Psychology & aesthetics.

Traditional analyses of the curve fitting problem maintain that the data do not indicate what form the fitted curve should take. Rather, this issue is said to be settled by prior probabilities, by simplicity, or by a background theory. In this paper, we describe a result due to Akaike [1973], which shows how the data can underwrite an inference concerning the curve's form based on an estimate of how predictively accurate it will be. We argue that this approach throws light (...) on the theoretical virtues of parsimoniousness, unification, and non ad hocness, on the dispute about Bayesianism, and on empiricism and scientific realism. * Both of us gratefully acknowledge support from the Graduate School at the University of Wisconsin-Madison, and NSF grant DIR-8822278 (M.F.) and NSF grant SBE-9212294 (E.S.). Special thanks go to A. W. F. Edwards.William Harper. Martin Leckey. Brian Skyrms, and especially Peter Turney for helpful comments on an earlier draft. (shrink)

Hugo de Vries claimed that he had discovered Mendel's laws before he found Mendel's paper. De Vries's first ratios, published in 1897, for the second generation of hybrids were 2/3:1/3 and 80%:20%. By 1900, both of these ratios had become 3:1. These changing ratios suggest that as late as 1897 de Vries had not discovered the laws, although he asserted, from 1900 on, that he had found the laws in 1896. An Appendix details de Vries's Mendelian experiments as described in (...) the original edition of volume two of Die Mutationstheorie, but omitted entirely from the English translation. (shrink)

Are extreme beliefs constitutive of echo chambers, or only typically caused by them? Or are many echo chambers unproblematic, amplifying relatively benign beliefs? This paper details the conceptual relations between echo chambers and extreme beliefs, showing how different conceptual choice-points in how we understand both echo chambers and extreme beliefs affects how we should evaluate, study, and engage with echo chambering groups. We also explore how our theories of extreme beliefs and echo chambers shape social scientific research and contribute in (...) a practical way when treating these phenomena, focusing on examples of climate change scepticism. (shrink)

Malcolm David Eckel takes us on a contemporary quest to discover the essential meaning behind the Buddha's many representations. Eckel's bold thesis proposes that the proper understanding of Buddhist philosophy must be thoroughly religious--an understanding revealed in Eckel's new translation of the philospher Bhavaviveka's major work, The Flame of Reason. Eckel shows that the dimensions of early Indian Buddhism--popular art, conventional piety, and critical philosophy--all work together to express the same religious yearning for the fullness of emptiness that Buddha (...) conveys. (shrink)

This book examines and compares the two major traditions of institutionalist thinking in economics: the 'old' institutionalism of Veblen, Mitchell, Commons, and Ayres, and the 'new' institutionalism developed more recently from neoclassical and Austrian sources and including the writings of Coase, Williamson, North, Schotter, and many others. The discussion is organized around a set of key methodological, theoretical, and normative problems that necessarily confront any attempt to incorporate institutions into economics. These are identified in terms of the issues surrounding the (...) use of formal or non-formal analytical methods, individualist or holistic approaches, the respective roles of rational choice and rule-following behavior, the relative importance of the spontaneous evolution and deliberative design of institutions, and questions concerning the normative appraisal of institutions. The old and the new institutionalism have often been paired on opposite sides of these issues, and the issues themselves presented in a series of sharp dichotomies. Professor Rutherford argues, however, that matters are both more complex and more challenging. Although each tradition embodies fascinating insights into the study of economic institutions - their functioning, evolution, and impact on human welfare - neither has as yet provided fully satisfactory answers to the problems identified. (shrink)

William Whewell’s philosophy of scientific discovery is applied to the problem of understanding the nature of unification and explanation by the composition of causes in Newtonian mechanics. The essay attempts to demonstrate: the sense in which ”approximate’ laws successfully refer to real physical systems rather than to idealizations of them; why good theoretical constructs are not badly underdetermined by observation; and why, in particular, Newtonian forces are not conventional and how empiricist arguments against the existence of component causes, and against (...) the veracity of the fundamental laws, are flawed. (shrink)

This paper discusses "Russell's hypothesis" that the world sprang into existence five minutes ago. The three most widely accepted "solutions" to the Russell's hypothesis problem are shown to be unsatisfactory. Two main points of interest are involved in the paper's discussion. First, I show all the widely accepted "solutions" to be unacceptable by using the same device--alternatives to Russell's hypothesis. The device, which has never previously been applied to this problem, is a familiar one in discussions of the problem of (...) induction. (Parallels between these two problems are sketched at the paper's end.) Second, the discussion introduces the new concept of crucial consequences for hypotheses that are otherwise different in only trivial linguistic ways. (shrink)

Recent approaches to causal modelling rely upon the causal Markov condition, which specifies which probability distributions are compatible with a directed acyclic graph. Further principles are required in order to choose among the large number of DAGs compatible with a given probability distribution. Here we present a principle that we call frugality. This principle tells one to choose the DAG with the fewest causal arrows. We argue that frugality has several desirable properties compared to the other principles that have been (...) suggested, including the well-known causal faithfulness condition. _1_ Introduction _2_ The Causal Markov Condition _3_ Faithfulness _4_ Frugality _4.1_ Basic independences and frugality _4.2_ General properties of directed acyclic graphs satisfying frugality _4.3_ Connection to minimality assumptions _5_ Frugality as a Parsimony Principle _6_ Conclusion Appendix. (shrink)

Historically the focus of moral decision-making in games has been narrow, mostly confined to challenges of moral judgement (deciding right and wrong). In this paper, we look to moral psychology to get a broader view of the skills involved in ethical behaviour and how these skills can be employed in games. Following the Four Component Model of Rest and colleagues, we identify four “lenses” – perspectives for considering moral gameplay in terms of focus, sensitivity, judgement and action – and describe (...) the design problems raised by each. To conclude, we analyse two recent games, The Walking Dead and Papers, Please, and show how the lenses give us insight into important design differences between these games. (shrink)

Noel Malcolm, one of the world's leading experts on Thomas Hobbes, presents a set of extended essays on a wide variety of aspects of the life and work of this giant of early modern thought. Malcolm offers a succinct introduction to Hobbes's life and thought, as a foundation for his discussion of such topics as his political philosophy, his theory of international relations, the development of his mechanistic world-view, and his subversive Biblical criticism. Several of the essays pay (...) special attention to the European dimensions of Hobbes's life, his sources and his influence; the longest surveys the entire European reception of his work from the 1640s to the 1750s. All the essays are based on a deep knowledge of primary sources, and many present striking new discoveries about Hobbes's life, his manuscripts, and the printing history of his works. Aspects of Hobbes will be essential reading not only for Hobbes specialists, but also for all those interested in seventeenth-century intellectual history more generally, both British and European. (shrink)

Historically the focus of moral decision-making in games has been narrow, mostly confined to challenges of moral judgement (deciding right and wrong). In this paper, we look to moral psychology to get a broader view of the skills involved in ethical behaviour and how they may be employed in games. Following the Four Component Model of Rest and colleagues, we identify four “lenses” – perspectives for considering moral gameplay in terms of focus, sensitivity, judgement and action – and describe the (...) design problems raised by each. To conclude, we analyse two recent games, The Walking Dead and Papers, Please, and show how the lenses give us insight into important design differences between them. (shrink)

Is mercy more important than justice? Since antiquity, mercy has been regarded as a virtue. The power of monarchs was legitimated by their acts of clemency, their mercy demonstrating their divine nature. Yet by the end of the eighteenth century, mercy had become “an injustice committed against society... a manifest vice.” Mercy was exiled from political life. How did this happen? In this book, Malcolm Bull analyses and challenges the Enlightenment’s rejection of mercy. A society operating on principles of (...) rational self-interest had no place for something so arbitrary and contingent, and having been excluded from Hobbes’s theory of the state and Hume’s theory of justice, mercy disappeared from the lexicon of political theory. But, Bull argues, these idealised conceptions have proved too limiting. Political realism demands recognition of the foundational role of mercy in society. If we are vulnerable to harm from others, we are in need of their mercy. By restoring the primacy of mercy over justice, we may constrain the powerful and release the agency of the powerless. And if arguments for capitalism are arguments against mercy, might the case for mercy challenge the very basis of our thinking about society and the state? An important contribution to contemporary political philosophy from an inventive thinker, On Mercy makes a persuasive case for returning this neglected virtue to the heart of political thought. (shrink)

It has often been claimed, and frequently denied, that music derives some or all of its artistic value from the relation in which it stands to the emotions. This book presents and subjects to critical examination the chief theories about the relationship between the art of music and the emotions.

The Stoic Idea of the City offers the first systematic analysis of the Stoic school, concentrating on Zeno's Republic . Renowned classical scholar Malcolm Schofield brings together scattered and underused textual evidence, examining the Stoic ideals that initiated the natural law tradition of Western political thought. A new foreword by Martha Nussbaum and a new epilogue written by the author further secure this text as the standard work on Presocratic Stoics. "The account emerges from a jigsaw-puzzle of items from (...) a wide range of authorities, painstakingly pieced together and then annotated in a series of appendixes, the whole executed with fine scholarship, clarity, and good humor."-- Times Literary Supplement. (shrink)

According to non-doxastic theories of propositional faith, belief that p is not necessary for faith that p. Rather, propositional faith merely requires a ‘positive cognitive attitude’. This broad condition, however, can be satisfied by several pragmatic approaches to a domain, including fictionalism. This paper shows precisely how fictionalists can have faith given non-doxastic theory, and explains why this is problematic. It then explores one means of separating the two theories, in virtue of the fact that the truth of the propositions (...) in a discourse is of little consequence for fictionalists, whereas their truth matters deeply for the faithful. Although promising, this approach incurs several theoretical costs, hence providing a compelling reason to favour a purely doxastic account of faith. (shrink)

Plato is the best known and most widely studied of all the ancient Greek philosophers. Malcolm Schofield, a leading scholar of ancient philosophy, offers a lucid and accessible guide to Plato's political thought, enormously influential and much discussed in the modern world as well as the ancient. Schofield discusses Plato's ideas on education, democracy and its shortcomings, the role of knowledge in government, utopia and the idea of community, money and its grip on the psyche, and ideological uses of (...) religion. (shrink)

Given its brevity, Plato's Meno covers an astonishingly wide array of topics: politics, education, virtue, definition, philosophical method, mathematics, the nature and acquisition of knowledge and immortality. Its treatment of these, though profound, is tantalisingly short, leaving the reader with many unresolved questions. This book confronts the dialogue's many enigmas and attempts to solve them in a way that is both lucid and sympathetic to Plato's philosophy. Reading the dialogue as a whole, it explains how different arguments are related to (...) one another and how the interplay between characters is connected to the philosophical content of the work. In a new departure, this book's exploration focuses primarily on the content and coherence of the dialogue in its own right and not merely in the context of other dialogues, making it required reading for all students of Plato, be they from the world of classics or philosophy. (shrink)

First published in 1989, this book tackles a relatively little-explored area of Wittgenstein’s work, his philosophy of psychology, which played an important part in his late philosophy. Writing with clarity and insight, Budd traces the complexities of Wittgenstein’s thought, and provides a detailed picture of his views on psychological concepts. A useful guide to the writings of Wittgenstein, the book will be of value to anyone concerned with his work as a whole, as well as those with a more general (...) interest in the philosophy of psychology. (shrink)

Summary The common view has been that Darwin regarded species as artificial and arbitrary constructions of taxonomists, not as distinct natural units. However, in his transmutation notebooks he clearly subscribed to the reality of species, on the basis of the criterion of non-interbreeding. A consequence of this biological species concept was his identification of the acquisition of reproductive isolation as the mark of the completion of speciation. He developed in the notebooks a theory of geographic speciation on the grounds of (...) (a) an empirical correlation between barriers and the geographical distributions of allied species, (b) the analogy of artificial isolation in the formation of new domesticated varieties, and (c) the logical consequence of blending inheritance. A brief discussion of Darwin's species concept in later writings concludes the paper. (shrink)