Gerald J. Galgan's collection of essays speaks in several philosophical voices. He explores the relationship between a metaphysical and epistemological language and follows the transition from the medieval Christian Book of Nature to the modern conception of subjectivity.

The consumerist elevation of wants into needs requires the elevation of ethical relativism into the status of a "dogma." Collectivism and individualism are the two faces of this dogma and require the uneasy mediation of the claims of utilitarianism and romanticism. The historical and philosophical backdrop for this mediation is suggested with reference to Aristotle, Aquinas, Kant, J.S. Mill, De Tocqueville, and Oakeshott.

"God and Subjectivity" is an essentially metaphysical monograph, but one that is cast in an historical mode: it reports on first philosophy as a biography of the concept of being. Its thesis is that St. Anselm's notion of God provided a "pivot" on which philosophy turned from the Aristotelian conception of substance as the object of -first philosophy- to Descartes' conception of the subject as the ground of -science-. The changeover is not new, of course, but Anselm as the catalyst (...) is; and an effort is made to present his role in the development with as much textual support and sustained argument as possible. Even Feuerbach appears, in this light, as a kind of inversion of the Anselmian argument.". (shrink)

Kolb's purpose is to dispel a practical and theoretical illusion--promoted by modernity about its own uniqueness as a unified and unifying constellation of meanings which wholly defines us--and to put modernity "in its place" within that sustaining and limiting context which makes it possible, which cannot be described in "standard modern terms," and which suggests that we are not as free as--and yet more than what--modernity says we are. He begins with an examination of the "standard self-description of modernity and (...) its basic dichotomies and divisions," in particular the modern preference for formal over substantive rationality, emphasized by Max Weber in his presentation of modern society as "a process waiting for content to come from the choice of its citizens"--the modern self relating "to itself and to others as a pure chooser, with no necessary substantive content". (shrink)

Caught in a dilemma-namely, the decontextualization and negation of its early interpretive schematism which served as the sole ground for a free society--modernity is presently losing its legitimacy, its fidelity to individual freedom, the "core of nondialectical humanism," which Cahoone attempts to isolate. In part 1, he argues that the "self-negating strain" of modern philosophical activity is a "methodological or systematic dualism" endemic to "subjectivism," viz., the belief that the distinction between the non-subjective and the subjective is fundamental for any (...) investigation. The claim that the individual thinking subject is the nucleus of all value within the parameters of the finite world could only be viable in combination with "transcendental" claims which were articulated largely in the "theological firmament" of seventeenth-century methodology, epistemology, and metaphysics, and were impeached in the nineteenth century. "Non-transcendental subjectivism" differs from early modern objectivity and subjectivity, for when the self becomes entirely "worldless," devoid of mediation of the transcendent, it is no longer possible to think of objectivity and subjectivity as independent and yet interrelated, and there begins the movement toward "philosophical narcissism". Denuding the subject of all capacities except its "natural" inclinations toward consciousness of material objectivity and its instrumental rational mastery, philosophical narcissism rejects any notion of "transcendental vehicles of relatedness" which are beyond the division into objective and subjective spheres, so that either the non-subjective must absorb the subjective or vice versa. (shrink)

Gavin argues that the restoration of "the vague and inarticulate" to its proper place in experience is vital for James's texts. In the first part, "Interpretations," he shows how religious concerns led to the metaphysical notion of "reality as vague." In line with the "unfinished" Jamesian text, the second part offers "Conversations" with texts of Peirce, Dewey, Marx, Rorty, and Derrida. The third, "Applications," true to the "directional" thrust of James's text, puts that text to work in modern art and (...) medicine. (shrink)

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: I Integrity: The Notion II Integrity and Justice III The Public Character of Justice IV Fidelity V Integrity and the Law Acknowledgement.

‘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...

The essays in this volume offer a reassessment of Jeremy Bentham's strikingly original legal philosophy. Early on, Bentham discovered his 'genius for legislation' - 'legislation' included not only lawmaking and code writing, but also political and social institution building and engineering of public spaces for effective control of the exercise of political power. In his general philosophical work, Bentham sought to articulate a public philosophy to guide and direct all of his 'legislative' efforts. 0Part I explores the philosophical foundations of (...) his public philosophy: his theory of meaning and framework for analysis and definition of key concepts, his theory of human affections and motivations, and his utilitarian theory of value. It is argued that, while concepts of pleasure and happiness play nominal roles in his theory of value, concepts of publicity, equality, and interests emerge as the dominant concepts of his public philosophy. Part II explores several dimensions of Bentham's jurisprudence, including his radically revised command model of law, his early reflections on justice and law in adjudication, his theories of judicial evidence, constitutional rights, the rule of law, and international law. The concluding essay demonstrates the centrality of the notion of publicity in his moral, legal and political thought. Emerging from this study is a positivist legal theory and a utilitarian moral-political philosophy that challenge in fundamental ways contemporary understandings of those doctrines. (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)

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.

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)

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)

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)

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)

The thesis of this essay is that social conventions of the kind Lewis modeled are generated and maintained by a form of practical reasoning which is essentially common. This thesis is defended indirectly by arguing for an interpretation of the role of salience in Lewis’s account of conventions. The remarkable ability of people to identify salient options and appreciate their practical significance in contexts of social interaction, it is argued, is best explained in terms of their exercise of what I (...) call “salience reasoning,” a form of common practical reasoning. The more widely accepted understanding of salience competence, the “natural salience” understanding, fails as an interpretation of the notion at work in Lewis and Schelling (on whom Lewis relied) and is inadequate as an explanation of salience competence. (shrink)

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)

This compelling collection illuminates new models and metaphors taken from the contemporary sciences and philosophical thought to revitalize and re-contextualize psychoanalysis for the 21st century. The exploration of quantum mechanics, chaos and complexity theory, epigenetics, and neuropsychoanalysis provides the reader with new layers of meaning and understanding that in turn lead to an enrichening of psychoanalytic theory and a deepening of experience in the consulting office. The intersection of psychoanalysis, contemporary sciences, and philosophy leads the reader to new worlds that (...) can transform the lens from which one views the psychoanalytic process. Written for psychoanalysts and psychotherapists, as well as scholars of psychoanalysis that are interested in the intersection of psychoanalysis, contemporary science and philosophy, Enriching Psychoanalysis with Contemporary Science and Philosophy expands the focus and meaning of current psychoanalytic theory and practice. (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)

When they abandoned the analytic-synthetic distinction, analytic philosophers substituted for it uncritical appeals to thought experiments or conceivability arguments. Although the history of philosophy is replete with thought experiments, medieval and early modern philosophers developed sophisticated theories concerning what governs what happens in thought experiments. By contrast, contemporary philosophers subscribe to the thesis of facile conception according to which casual allegations of conceivability or inconceivability are taken as good evidence of possibility or impossibility. Philosophers need to adopt standards of thought (...) experimentation like those found in science and to ground them in a general theory of conceivability. (shrink)

The basic concept of Bentham's moral and political philosophy was public utility. He linked it directly with the concept of the universal interest, which comprises a distinctive partnership of the interests of all members of the community. The ultimate end of government and aim of all of morality is ‘the advancement of the universal interest’. This essay articulates the structure of Bentham's notion of universal interest and locates it in his theory of value.

This article consists of an annotated edition and translation of a previously unpublished Latin letter to G. J. Vossius from Christianus Ravius, refuting the accusation made by Johann Seyffert in his pamphlet attacking Grotius, Classicum Belli Sacri adversus Hugonem Grotium Papistam , that Grotius, while representative of the Swedish government in Paris, had advised Ravius to convert to Catholicism. The historical introduction outlines the details of and probable reasons for Seyffert's published attacks on Grotius, Grotius's attitude towards those attacks , (...) and the implications for his relationship with the Swedish government and Baron von Degenfeld, commander of the German Protestant mercenary soldiers in the service of the French crown. It also recounts what is known of Ravius's stay in Paris during which he met Grotius, and raises the question why Ravius delayed making a response to Seyffert until well after Grotius was dead. (shrink)

Is there such a thing as "business ethics?" Author Gerald J. Williams compellingly answers this question in Ethics in Modern Management. Though he agrees that greed and self-interest are at work in the business environment, he also notes that they can be found in just about every area of human endeavor, and it is a fallacy to think that one can justify these vices simply because one operates in the business environment, where such behavior might be more readily condoned. (...) But the book does not stop at establishing the faulty logic behind the "business ethics" concept. It is also designed to help managers with the process of education and moral reflection by describing three approaches to morality--cultural moral relativism, utilitarianism, and Thomistic natural law--and showing how each approach attempts to solve real-life ethical conflicts in the business world. (shrink)