This book presents papers that deal with Hans Kelsen's legal philosophy, and includes contributions from Hedley Bull, J.W. Harris, Phillip Pettit, Joseph Raz, Jes Bjarup, and Stanley L. Paulson.

This book concludes by considering whether growing counter calls to reduce our consumption of meat/dairy products in the face of climate change threats are in ...

In the sociology of the body, the analysis of physiognomy is a neglected topic. The idea that one can judge the character of another from their facial or bodily characteristics is a pervasive phenomenon. However, its historical and cultural spread does not entail that we inevitably tie it to notions of human essence. This study focuses upon a particular periodic resurgence of physiognomic discourse in the West, at the end of the 18th and the entirety of the 19th century. In (...) contrast to previous arguments, I argue that physiognomic discourse was able to exploit 19th-century phrenology as a conduit for its own perpetuation. I point out that the perception of the other that physiognomy promotes is largely based upon an atemporal view of the body. I suggest that this physiognomic perception remains an entrenched but changeable component in contemporary relations between self and other. (shrink)

This paper seeks to respond to some of the recent criticisms directed toward bioethics by offering a contribution to a “critical bioethics”. Here this concept is principally defined in terms of the three features of interdisciplinarity, self-reflexivity and the avoidance of uncritical complicity. In a partial reclamation of the ideas of V.R. Potter, it is argued that a critical bioethics requires a meaningful challenge to culture/nature dualism, expressed in bioethics as the distinction between medical ethics and ecological ethics. Such a (...) contesting of the “bio” in bioethics arrests its ethical bracketing of environmental and animal ethics. Taken together, the triadic definition of a critical bioethics offered here provides a potential framework with which to fend off critiques of commercial capture or of being “too close to science” commonly directed toward bioethics. (shrink)

: This paper argues that ecofeminism can consolidate its tradition of elucidating the interconnections between different oppressions by expanding upon its philosophy of the body. By looking at the ways in which particular bodies become 'marked', and so devalued, ecofeminism can point towards various unexpected and creative coalitions. Here I concentrate especially upon two intertwined sets of markings, namely those related to aesthetic discourses and those related to discourses of Western reason. I argue that both of these ultimately revolve around (...) notions of control of the body as being constitutive of Western ideas of human identity. Moreover, I want to affirm that those ideas which encourage us to devalue certain bodies stem from discourses related to nature and animality. Through considering how ecofeminism might re-think embodiment, I argue for an alternative conception which stresses the inherent vulnerability and agency of human embodiment. (shrink)

This paper argues that ecofeminism can consolidate its tradition of elucidating the interconnections between different oppressions by expanding upon its philosophy of the body. By looking at the ways in which particular bodies become 'marked', and so devalued, ecofeminism can point towards various unexpected and creative coalitions. Here I concentrate especially upon two intertwined sets of markings, namely those related to aesthetic discourses and those related to discourses of Western reason. I argue that both of these ultimately revolve around notions (...) of control of the body as being constitutive of Western ideas of human identity. Moreover, I want to affirm that those ideas which encourage us to devalue certain bodies stem from discourses related to nature and animality. Through considering how ecofeminism might re-think embodiment, I argue for an alternative conception which stresses the inherent vulnerability and agency of human embodiment. (shrink)

How may emergent biotechnologies impact upon our relations with other animals? To what extent are any changes indicative of new relations between society and nature? This paper critically explores which sociological tools can contribute to an understanding of the technologisation of animal bodies. By drawing upon interview data with animal scientists I argue that such technologies are being partly shaped by broader changes in agriculture. The complexity of genomics trajectories in animal science is partly fashioned through the deligitimisation of the (...) productivist paradigm but continue to sit in tension around particular conceptions of sustainability in farm animal production.In spite of this deligitimisation process genomics is now being framed in the context of a new productivism (termed the livestock revolution) bound up in projected global changes in animal consumption during the first half of the 21st century. This potentially jars against both social trends that seek to re-enchant animal life and sustainability discourses which include social and environmental contexts. Nevertheless the possibility of a new productivism is supported by various interconnected trends including the emergence of a discourse of the 'bioeconomy' and a liberal regulatory apparatus for farm animal breeding technologies. Ultimately an understanding of the possibility of emerging new bio-capitalisations on animal life should be set in a broader context of competing agricultural paradigms as well as ongoing tensions over 'naturalness' in human/animal relations. (shrink)

Drawing upon a concept of ‘critical bioethics’ [7] this paper takes a species-broad approach to the social and ethical aspects of enhancement. Critical Bioethics aims to foreground interdisciplinarity, socio-political dimensions, as well as reflexivity to what becomes bioethical subject matter. This paper focuses upon the latter component and uses the example of animal enhancement as a way to think about both enhancement generally, and bioethics. It constructs several arguments for including animal enhancement as a part of enhancement debates, and considers (...) some connections between human and animal enhancement. The paper concludes in a plea for an ‘enhancement’ to our critical abilities to examine some of the underlying social, moral and ethical assumptions bound up in varied anticipated ‘enhanced’ futures. (shrink)

In this paper I revisit previous critiques that I have made of much, though by no means all, bioethical discourse. These pertain to faithfulness to dualistic ontology, a taken-for-granted normative anthropocentrism, and the exclusion of a consideration of how political economy shapes the conditions for bioethical discourse (Twine Medicine, Health Care and Philosophy 8(3):285-295, 2005; International Journal of Sociology of Agriculture and Food 16(3):1-18, 2007, 2010). Part of my argument around bioethical dualist ontology is to critique the assumption of (...) a division between the “medical” (human) and “agricultural” (nonhuman) and to show various ways in which they are interrelated. I deepen this analysis with a focus on transnational pharmaceutical companies, with specific attention to their role in enhancing agricultural production through animal drug administration. I employ the topical case of antibiotics in order to speak to current debates in not only the interdisciplinary field of bioethics but also that of animal studies. More generally, the animal-industrial complex (Twine Journal for Critical Animal Studies 10(1):12-39, 2012) is underlined as a highly relevant bioethical object that deserves more conceptual and empirical attention. (shrink)

This essay examines the use of fictions in the reasoning of the House of Lords and United Kingdom Supreme Court in the context of two recent lines of authority on English tort law. First, the essay explores the relevance of counter-factual scenarios to liability in the tort of false imprisonment, in the light of the Supreme Court decisions in Lumba and Kambadzi. The second series of decisions is on causation in negligence claims arising from asbestos exposure. These cases have revealed (...) fundamental, ongoing judicial disagreement about the nature and extent of the exceptions made to general principles. The cases are also shown to lend force to Del Mar’s argument about the diachronicity of legal fictions. Overall, it is argued that such fictions play an important role in common law reasoning. (shrink)

This volume brings together leading theoretical writings on legal fact-finding which are dispersed and not readily accessible.

A selection of speeches and essays from the author's second decade as president of Yale University.

The renowned biologist and thinker Richard Dawkins presents his most expansive work yet: a comprehensive look at evolution, ranging from the latest developments in the field to his own provocative views. Loosely based on the form of Chaucer's Canterbury Tales, Dawkins's Tale takes us modern humans back through four billion years of life on our planet. As the pilgrimage progresses, we join with other organisms at the forty "rendezvous points" where we find a common ancestor. The band of pilgrims (...) swells into a vast crowd as we join first with other primates, then with other mammals, and so on back to the first primordial organism. Dawkins's brilliant, inventive approach allows us to view the connections between ourselves and all other life in a bracingly novel way. It also lets him shed bright new light on the most compelling aspects of evolutionary history and theory: sexual selection, speciation, convergent evolution, extinction, genetics, plate tectonics, geographical dispersal, and more. The Ancestor's Tale is at once a far-reaching survey of the latest, best thinking on biology and a fascinating history of life on Earth. Here Dawkins shows us how remarkable we are, how astonishing our history, and how intimate our relationship with the rest of the living world. (shrink)

The discussion of good and evil must not be confined to the sterile lecture halls of academics but related instead to ordinary human feelings, needs, and desires, says noted philosopher Richard Taylor. Efforts to understand morality by exploring human reason will always fail because we are creatures of desire as well. All morality arises from our intense and inescapable longing. The distinction between good and evil is always clouded by rationalists who convert the real problems of ethics into complex (...) philosophical puzzles. In the first part of Good and Evil, Taylor looks for a more meaningful conception by reexamining and rejecting the whole rationalistic tradition that dominates philosophical ethics. The second part provides an empirical explanation of good and evil, noting that one does not have to look too far to find prime examples of the failure of fixed moral rules. Including important commentary on Joseph Fletcher's groundbreaking situation ethics, and Aristotle's virtues (e.g., magnanimity and pride), Taylor rounds out the book by developing a philosophy of aspiration--personal worth as an ethical ideal--to replace the morality of duty. He offers a modified form of situation ethics to fit the contemporary problems we face. (shrink)

Orientalism and Religion offers us a timely discussion of the implications of contemporary post-colonial theory for the study of religion. Drawing on a variety of post-structuralist and post-colonial thinkers, including Foucault, Gadamer, Said, and Spivak, Richard King examines the way in which notions such as mysticism, religion, Hinduism and Buddhism are taken for granted, and shows us how religion needs to be redescribed along the lines of cultural studies.

This is the third edition of a classic book first published in 1960, which has sold thousands of copies in two paperback edition and has been translated into several foreign languages. Popkin's work ha generated innumerable citations, and remains a valuable stimulus to current historical research. In this updated version, he has revised and expanded throughout, and has added three new chapters, one on Savonarola, one on Henry More and Ralph Cudworth, and one on Pascal. This authoritative treatment of the (...) theme of scepticism and its historical impact will appeal to scholars and students of early modern history now as much as ever. (shrink)

Thinking through the body: educating for the humanities -- The body as background -- Self-knowledge and its discontents: from Socrates to somaesthetics -- Muscle memory and the somaesthetic pathologies of everyday life -- Somaesthetics in the philosophy classroom: a practical approach -- Somaesthetics and the limits of aesthetics -- Somaesthetics and Burke's sublime -- Pragmatism and cultural politics: from textualism to somaesthetics -- Body consciousness and performance -- Somaesthetics and architecture: a critical option -- Photography as performative process -- Asian (...) ars erotica and the question of sexual aesthetics -- Philosophy as awakened life : everyday aesthetics of embodiment in American transcendentalism and Japanese Zen practice -- Somatic style. (shrink)

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and (...) on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998. (shrink)

According to certain normative theories in epistemology, rationality requires us to be logically omniscient. Yet this prescription clashes with our ordinary judgments of rationality. How should we resolve this tension? In this paper, I focus particularly on the logical omniscience requirement in Bayesian epistemology. Building on a key insight by Hacking :311–325, 1967), I develop a version of Bayesianism that permits logical ignorance. This includes: an account of the synchronic norms that govern a logically ignorant individual at any given time; (...) an account of how we reduce our logical ignorance by learning logical facts and how we should update our credences in response to such evidence; and an account of when logical ignorance is irrational and when it isn’t. At the end, I explain why the requirement of logical omniscience remains true of ideal agents with no computational, processing, or storage limitations. (shrink)

The book begins with an overview that introduces the Theorem and the issues surrounding it, and explores how the essays that follow contribute to our understanding of those issues.

How do technically-skilled women negotiate the male-dominated environments of technology firms? This article draws upon interviews with female programmers, technical writers, and engineers of diverse racial backgrounds and sexual orientations employed in the San Francisco tech industry. Using intersectional analysis, this study finds that racially dominant women, who identified as LGBTQ and presented as gender-fluid, reported a greater sense of belonging in their workplace. They are perceived as more competent by male colleagues and avoided microaggressions that were routine among conventionally (...) feminine, heterosexual women. We argue that a spectrum of belonging operates in these occupational spaces dominated by men. Although white and Asian women successfully navigated workplace hostilities by distancing themselves from conventional heterosexual femininity, this strategy reinforces inequality regimes that privilege male workers. These findings provide significant theoretical insights about how race, sexuality, and gender interact to reproduce structural inequalities in the new economy. (shrink)

Conditionalization is one of the central norms of Bayesian epistemology. But there are a number of competing formulations, and a number of arguments that purport to establish it. In this paper, I explore which formulations of the norm are supported by which arguments. In their standard formulations, each of the arguments I consider here depends on the same assumption, which I call Deterministic Updating. I will investigate whether it is possible to amend these arguments so that they no longer depend (...) on it. As I show, whether this is possible depends on the formulation of the norm under consideration. (shrink)

The Desire-as-Belief thesis (DAB) states that any rational person desires a proposition exactly to the degree that she believes or expects the proposition to be good. Many people take David Lewis to have shown the thesis to be inconsistent with Bayesian decision theory. However, as we show, Lewis's argument was based on an Invariance condition that itself is inconsistent with the (standard formulation of the) version of Bayesian decision theory that he assumed in his arguments against DAB. The aim of (...) this paper is to explore what impact the rejection of Invariance has on the DAB thesis. Without assuming Invariance, we first refute all versions of DAB that entail that there are only two levels of goodness. We next consider two theses according to which rational desires are intimately connected to expectations of (multi-levelled) goodness, and show that these are consistent with Bayesian decision theory as long as we assume that the contents of 'value propositions' are not fixed. We explain why this conclusion is independently plausible, and show how to construct such propositions. (shrink)

The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. (...) Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and new chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject. (shrink)

Strangers, Gods and Monster is a fascinating look at how human identity is shaped by three powerful but enigmatic forces. Often overlooked in accounts of how we think about ourselves and others, Richard Kearney skillfully shows, with the help of vivid examples and illustrations, how the human outlook on the world is formed by the mysterious triumvirate of strangers, gods and monsters. Throughout, Richard Kearney shows how strangers, gods and monsters do not merely reside in myths or fantasies (...) but constitute a central part of our cultural unconscious. Above all, he argues that until we understand better that the Other resides deep within ourselves, we can have little hope of understanding how our most basic fears and desires manifest themselves in the external world and how we can learn to live with them. (shrink)

Hilbert’s program was an ambitious and wide-ranging project in the philosophy and foundations of mathematics. In order to “dispose of the foundational questions in mathematics once and for all,” Hilbert proposed a two-pronged approach in 1921: first, classical mathematics should be formalized in axiomatic systems; second, using only restricted, “finitary” means, one should give proofs of the consistency of these axiomatic systems. Although Gödel’s incompleteness theorems show that the program as originally conceived cannot be carried out, it had many partial (...) successes, and generated important advances in logical theory and metatheory, both at the time and since. The article discusses the historical background and development of Hilbert’s program, its philosophical underpinnings and consequences, and its subsequent development and influences since the 1930s. (shrink)

Most recent accounts of will-power have tried to explain it as reducible to the operation of beliefs and desires. In opposition to such accounts, this paper argues for a distinct faculty of will-power. Considerations from philosophy and from social psychology are used in support.

The Rationalist Tradition of evidence scholarship1 The history of the law of evidence is the history of a series of largely isolated responses to particular ...

Most individuals realise that we have a moral obligation to avoid the evils of war. But this realization raises a host of difficult questions when we, as responsible individuals, witness harrowing injustices such as ""ethnic cleansing"" in Bosnia or starvation in Somalia. With millions of lives at stake, is war ever justified? And, if so, for what purpose? In this book, Richard J. Regan confronts these controversial questions by first considering the basic principles of just-war theory and then applying (...) those principles to historical and ongoing conflicts. Part One presents two opposing viewpoints: first, that war is not subject to moral norms and, second, that war is never morally permissible. The author rejects both perspectives, and moves to define the principles of just-war theory. He evaluates the roles of the president, Congress and, most importantly, the UN Security Council in determining when long-term US military involvement is justified. The moral limits of war conduct and the moral problem of using, or threatening to use, nuclear weapons are also discussed. On the just cause to wage war, Regan argues that defense of nations and nationals - whether in self-defense or in defense of others - remains the ""only"" classical cause that in the modern world would justify resorting to war. With respect to military intervention in secessionist and revolutionary wars, he contends that such intervention might be justified, but that prudence dictates extreme caution. In considering acceptable war conduct, Regan elaborates the specific principle of discrimination and proportionality; he maintains that civilians uninvolved in the enemy's war should not be directly targeted and that the costs of military action must be proportionate to the anticipated benefits of destroying military targets. The second part of the book presents case studies of eight historical wars - World War I, the Vietnam War, the Falklands War, the revolution and civil war in Nicaragua, the civil war in El Salvador, the Gulf War, the intervention in Somalia, and the Bosnian War - and poses several provocative questions about each. It invites readers and students to apply just-war principles to complex war-related situations and to understand the factual contingencies involved in moral judgements about war decisions. The book should be of particular interest to students of the moral issues of international relations and to readers interested more generally in philosophy, theology and political science. (shrink)

This book gives a descriptive analysis of specific Madhyamika texts. It compares the ideology of Kumarajiva (a translator of the four Madhyamika treatises 400 A.D.) with the ideologies of the three Chinese contemporaries - HuiYuan, Seng-Jui and Seng-Chao. It envisages an intercultural transmission of religious and philosophical ideas from India to China.

In “Theories of Justification,” Richard Fumerton begins an overview of several prominent positions on the nature of justification by isolating epistemic justification from nonepistemic justification. He also distinguishes between “having justification for a belief” and “having a justified belief,” arguing that the former is conceptually more fundamental. Fumerton then addresses the possibility that justification is a normative matter, suggesting that this possibility has little to offer as a concept of epistemic justification. He also critically examines more specific attempts to (...) capture the structure and content of epistemic justification. These include traditional foundationalism and variants thereof, externalist versions of foundationalism, contextualism, coherentism, and “mixed” theories which combine aspects of coherentism and foundationalism. (shrink)

If aesthetics is both surface and depth, impassioned immediacy yet also critical distance of judgment, how can this doubleness be held together in one ...

A comprehensive exploration of the philosophical issues raised by mysticism. This work is a comprehensive study of the philosophical issues raised by mysticism. Mystics claim to experience reality in a way not available in normal life, a claim which makes this phenomenon interesting from a philosophical perspective. Richard H. Jones’s inquiry focuses on the skeleton of beliefs and values of mysticism: knowledge claims made about the nature of reality and of human beings; value claims about what is significant and (...) what is ethical; and mystical goals and ways of life. Jones engages language, epistemology, metaphysics, science, and the philosophy of mind. Methodological issues in the study of mysticism are also addressed. Examples of mystical experience are drawn chiefly from Buddhism and Advaita Vedanta, but also from Christianity, Judaism, Islam, and Daoism. “This is a significant extension of the seminal work by Walter Stace, Mysticism and Philosophy. That work has stimulated much literature, all of which Jones manages to review here. He critically extends Stace’s universal core and embeds it in a sophisticated discussion of the extent, range, and metaphysical implications of mysticism.” — Ralph W. Hood, Jr., coauthor of The Psychology of Religion: An Empirical Approach. (shrink)

In this paper I defend what I call the argument from epistemic reasons against the moral error theory. I argue that the moral error theory entails that there are no epistemic reasons for belief and that this is bad news for the moral error theory since, if there are no epistemic reasons for belief, no one knows anything. If no one knows anything, then no one knows that there is thought when they are thinking, and no one knows that they (...) do not know everything. And it could not be the case that we do not know that there is thought when we believe that there is thought and that we do not know that we do not know everything. I address several objections to the claim that the moral error theory entails that there are no epistemic reasons for belief. It might seem that arguing against the error theory on the grounds that it entails that no one knows anything is just providing a Moorean argument against the moral error theory. I show that even if my argument against the error theory is indeed a Moorean one, it avoids Streumer's, McPherson's and Olson's objections to previous Moorean arguments against the error theory and is a more powerful argument against the error theory than Moore's argument against external world skepticism is against external world skepticism. (shrink)

First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview (...) of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years. (shrink)

Scholars in diverse academic disciplines discuss the ways in which evidence is conceived, used, and manipulated in their own fields. They explore the possibilities for cross-disciplinary fertilisation and ask if it is possible or desirable to develop general multidisciplinary criteria and methods for studying and handling evidence.