The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The (...) theoretical part, consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes, accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics and an epilogue on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes. (shrink)

Examination of the target article for its relevance to the analysis of private behavior leads to three concerns: the absence of a new methodology for studying private behavior, the undisclosed possibility of interactions, and insufficient attention to the social context of idea generation. Regardless of these concerns, a larger issue remains: Can a science of n = 1 be credible?

[The Catcher in the Rye's] catalogue of characters, incidents, expressions could be extended indefinitely, all of them suggesting that Holden's sickness of soul is something deeper than economic or political, that his revulsion at life is not limited to social and monetary inequities, but at something in the nature of life itself - the decrepitude of the aged, the physical repulsiveness of the pimpled, the disappearance and dissolution of the dead, the terrors of sex, the hauntedness of human aloneness, the (...) panic of individual isolation. Headlines about Korea, Dean Acheson, and the cold war seem, if not irrelevant, essentially wide of the mark - if we define the mark as the heart and soul of Catcher. James E. Miller, Jr., author of "Henry James in Reality" and numerous books and articles on American literature, responds in this essay to Carol and Richard Ohmann's "Reviewers, Critics, and The Catcher in the Rye. The Ohmann's answer will appear in our summer issue. (shrink)

In working his way through his complex conception of the relation of fiction and reality, [Henry] James thus found the unconscious moral dimension inextricably embedded within "realism" itself. In following the threads of realism back to consciousness itself, James invariably found there intertwined with its roots those aspects and elements that other theorists kept carefully separate. By exploring experience to its source, he found imagination. By following objective life from "out there" to conception, he found individual vision. By following the (...) seeming oneness of the passing show back to perception, he found infinite variation and multiplicity. By following the uncolored flux and flow of events to their embodiment in the fictional medium, he found coloration of personality. And by following the "felt life" back to the artist's "prime sensibility", James found there the "moral sense" and the "enveloping air of the artist's humanity"—that which gives "the last touch to the worth of a work." James E. Miller, Jr., professor of English at the University of Chicago, is the author of A Critical Guide to Leaves of Grass; Walt Whitman; F. Scott Fitzgerald: His Art and His Technique; J.D. Salinger; Theory of Fiction: Henry James; and numerous articles on American literature and education. He contributed "Catcher In and Out of History" to Critical Inquiry, Spring 1977. (shrink)

DEBATE CONTINUES OVER WHETHER AN “Aristotelian philosophy of mind” is still credible. Recent commentators wonder whether Aristotle’s view lies somewhere in the constellation of modern theories of mind, or whether he might point to an uncharted theory. Because he viewed his own account as an alternative to both Platonic dualism and Presocratic materialism, moderns seeking a middle way between Cartesian dualism and reductionist physicalism have looked to Aristotle for inspiration. As Jonathan Barnes observes, “Philosophy of mind has for centuries been (...) whirled between a Cartesian Charybdis and a scientific Scylla: Aristotle has the look of an Odysseus.”. (shrink)

A MAJOR THESIS OF CONTEMPORARY LIBERAL PHILOSOPHY is that its theory of justice, which incorporates strong rights to negative liberty, must be prior to and independent of a theory of the good. This priority is necessary, according to liberal theorists, in view of the requirement that any adequate theory accommodate a plurality of contending views of the good, no one of which is capable of eliciting public assent to it. Recent critics of liberalism have disputed this thesis, maintaining instead that (...) there is indeed an objective good, rather than a plurality of contending goods, which at least seriously compromises and possibly undermines the negative liberty with which liberals traditionally associated their theories. Variously called communitarians, virtue theorists, or republicans, these critics have presented an important challenge to contemporary liberalism whether of the individualist or welfare state variety. (shrink)

TheFederalist, written by in 1787-1788 in defense of the proposed constitution of the United States, endorses a fundamental principle of political legitimacy: namely, This essay argues that this principlemay be traced back to Plato. Part I of the essay seeks to show that Plato's Statesman offers a clearer understanding of the rule of reason than his more famous Republic, and it also indicates how this principle gave rise to the ideal of constitutionalism, which was adopted and reformulated by Aristotle, Polybius, (...) and Cicero, as well as moderns including Locke and Montesquieu. Part II argues that TheFederalist agrees with Plato when it argues that popular sovereignty must be tempered by the rule of reason. A proper distance should be maintained between the people and the actual exercise of power in order that political decisions be based on reason rather than passion. The people must therefore act through a federal system divided between national government and state governments, and these governments must themselves possess separated powers which control each other by means of checks and balances. Indeed, federalism itself may be viewed as a modern counterpart of Plato's which unites naturally disparate and opposed parts of the city-state into a concordant whole. In declaring, TheFederalist concedes that politics is the art of the possible. But statesmanship is not an exercise in pragmatism devoid of principles. Here shares Plato's vision of politics as a that is, an attempt to approximate the ideal of rational governance as far as possible in ordinary politics. (shrink)

Confronting crucial and difficult issues, the ten authors whose essays appear in this volume offer fresh perspectives on the nature and value of altruism. This collection of essays on moral philosophy deal with the balance to be struck between egoism and altruism - that is, between pursuing one's own interests and serving the interest of others - and with related issues. Contributions examine the relationship between altruism and rationality; consider cases in which one's personal needs and goals may legitimately be (...) given priority over the needs of others; question whether, and under what conditions, we may properly be forced to serve others' interests; and examine the role government should play in regulating our interactions. (shrink)

A central idea in moral and political philosophy, 'autonomy' is generally understood as some form of self-governance or self-direction. Certain Stoics, modern philosophers such as Spinoza, and most importantly, Immanuel Kant, are among the great philosophers who have offered important insights on the concept. Some theorists analyze autonomy in terms of the self being moved by its higher-order desires. Others argue that autonomy must be understood in terms of acting from reason or from a sense of moral duty independent of (...) the passions. Autonomy seems closely related to the notion of freedom, but in what sense: freedom from coercion, freedom from psychological constraints, or freedom from material necessity? Various approaches to these and similar questions yield different implications for public policy. Is capitalism, social democracy or socialism more favorable to autonomy? The essays in this volume address these important questions. (shrink)

The essays in this volume, first published in 2000, explore questions about democracy that are relevant to political philosophy and political theory. Some essays discuss the appropriate ends of government or examine the difficulties involved in determining and carrying out the will of the people. Some address questions relating to the kinds of influence citizens can or should have over their representatives, asking, for example, whether individuals have a duty to vote, or whether inequalities in political influence among citizens can (...) be morally justified. Other essays analyze democratic institutions, discussing what role deliberation should play in the democratic process, and asking whether it is legitimate to use laws and public policies to express approval or disapproval of various kinds of conduct. Still others examine the relationship between democracy and value pluralism, or consider the suitability of democracy as a form of government in non-Western societies. (shrink)

Freedom of association is a cherished liberal value, both for classical liberals who are generally antagonistic toward government interference in the choices made by individuals, and for contemporary liberals who are more sanguine about the role of government. However, there are fundamental differences between the two viewpoints in the status that they afford to associational freedom. While classical liberals ground their support for freedom of association on the core notion of individual liberty, contemporary liberals usually conceive of freedom of association (...) as one among many values that are necessary for a liberal democracy to flourish. Which position provides a better grounding for freedom of association? The twelve essays in this volume explore the history and development of the right of free association, and discuss the limits that may legitimately be placed on this right. (shrink)

The notion of obligation of what an agent owes to himself, to others, or to society generally occupies a central place in morality. But what are the sources of our moral obligations and what are their limits? To what extent do obligations vary in their stringency and severity, and does it make sense to talk about imperfect obligations, that is, obligations that leave the individual with a broad range of freedom to determine how and when to fulfil them? The twelve (...) essays in this volume address these and other questions and explore related issues. Some of them discuss broad theoretical questions, some essays look at moral reasons for action. Others discuss specific moral obligations or the tensions that may exist between our obligations and our other concerns. (shrink)

Modern industrial societies have achieved a level of economic prosperity undreamed of in earlier times, but in the view of the contemporary environmental movement, the prosperity has come at the cost of serious degradations to the natural world. For environmental advocates, problems such as resource depletion, air and water pollution, global warming and the loss of biodiversity represent due threats to the well-being of human societies and the planet itself. But just how serious are these threats and how should we (...) go about confronting them? Do environmental problems call for more extensive government controls over industrial activity, energy policy and the like, or is it possible to find solutions by harnessing the incentives of the free market? The essays in this collection address these questions and explore related issues. (shrink)

The institution of private property lies at the heart of contemporary Western societies. However, what are the limits of property ownership? Do principles of justice require some measure of governmental redistribution of property in order to relieve poverty or to promote greater equality among citizens? And what do principles of justice have to say about individuals' ownership of their own talents and the products of their labor, and about the initial acquisition of land and natural resources? The essays in this (...) volume, written by eleven prominent political and moral philosophers, address these questions and explore related issues. A number of them consider the theoretical foundations of property ownership, asking how the rights of individuals to acquire property can be justified, and how extensive these rights are. Some focus on the concept of self-ownership, discussing how the individual's right to control their own mind, body and actions relates to their right to gain control over extrapersonal objects and resources. Others look at connections between property ownership and various values, including democratic political participation and equality of wealth and opportunity. (shrink)

These essays assess market liberal or libertarian political theory. They provide insights into the limits of government, develop market-oriented solutions to pressing social problems, and explore some defects in traditional libertarian theory and practice. Some of the essays deal with crucial theoretical issues, asking whether the promotion of citizens' welfare can serve as the justification for the establishment of government, or inquiring into the constraints on individual behavior that exist in a liberal social order. Some essays explore market liberal or (...) libertarian positions on specific public policy issues, such as affirmative action, ownership of the airwaves, the provision of healthcare, or the regulation of food and drugs. Other essays look at property rights, the morality of profit-making, or the provision of public goods. Still others address libertarianism as a political movement, suggesting ways in which libertarians can reach out to those who do not share their views. (shrink)

Any comprehensive discussion of property must draw on a range of disciplines - philosophy, politics, economics, and legal theory - and must address a number of fundamental questions: What is the nature of ownership, and should there be limits on the rights that attend it? Should property be held privately or in common, or should some combination of these two types of ownership prevail? To what extent does the legitimacy of a system of property depend on considerations of economic efficiency (...) or distributive justice? The essays in this volume examine these questions, as well as other important issues, from a variety of perspectives. Some explore the theory of original acquisition; others deal with the concept of self-ownership; still others look at legal or constitutional issues. (shrink)

The essays in this volume address questions about responsibility that arise in moral philosophy and legal theory. Some analyse different theories of causality, asking which theory offers the best account of human agency and the most satisfactory resolution of troubling controversies about free will and determinism. Some essays look at responsibility in the legal realm, seeking to determine how the law should assign liability for negligence, or whether the courts should allow defendants to offer excuses for their wrongdoing or to (...) claim some form of 'diminished responsibility'. Other essays explore libertarian views about political freedom and accountability, asking whether libertarian positions on consent, contract law, and responsibility are consistent, or whether restitution is superior to retribution or deterrence as a basis for a theory of corrective justice. Still others examine the notion of partial or divided responsibility, or the relationship between responsibility and the emotions. (shrink)

The distinction between the public and private spheres of human life is a critical facet of contemporary moral, political, and legal thought. Much recent scholarship has invoked privacy as an important component of individual autonomy and as something essential to the ability of individuals to lead complete and fulfilling lives. However, the protection of one's privacy can interfere with the ability of others to pursue their own projects and with the capacity of the state to achieve collective goals. Developing an (...) acceptable account of the right to privacy - one that provides satisfactory answers to both theoretical and practical questions - has proven to be a vexing problem. The thirteen essays in this volume examine various aspects of both the right to privacy and the roles that this right plays in moral philosophy, legal theory, and public policy. (shrink)

These essays explore the history and justification of the welfare state and examine private alternatives to the public provision of aid. Essays focus on the nature of personal responsibility, the impact of identity politics on the welfare state, and the various strategies that have been proposed to deal with the problem of poverty. Others assess the success or failure of public housing, government assistance to veterans, or other specific programmes, suggesting ways of reforming, expanding, or replacing them.

The disagreement over whether Aristotle recognized rights in some form unavoidably involves disagreement over what rights are, and the theory of rights itself is still highly contested. There is no consensus concerning how " right'? is to be defined, how rights are to be theoretically grounded, or how rights theory is to be applied in particular circumstances. This is not, however, a good reason to dismiss the issue of whether there are rights in Aristotle: for Aristotle, like modern rights theorists, (...) is concerned about the moral and legal status of the individual within the community, and he expresses this in terms of claims of justice. The issue is worthy of study not only because it can lead to a deeper understanding of Aristotle's conceptions of justice and the common good, but also because it may shed valuable light on the theoretical foundations of human rights, since he offers a theory of political justice which is based on a metaphysical theory of human nature. (shrink)

In Loren Lomasky's wry understatement, which serves as this book's motto, "A century that has witnessed the Holocaust and the Gulag is not one which can be aptly characterized as paying too much heed to basic rights". In opposition to twentieth-century statism, there arose libertarianism, a political philosophy committed to individual rights. Following the decline and collapse of the Soviet Union and other communist states and amid growing doubts about the welfare state, the editors and contributors to Liberty for the (...) 21st Century take the fin de siècle as an occasion for a new statement of libertarian theory, with the hope that it may become the dominant voice in the next century. (shrink)

If ever there were a time in which concerns about equality as a primary issue for social policy disappeared from public view, now is not that time. Recent work in economics on inequality has climbed to the top of best-sellers lists, and the issue was a major talking point in American midterm elections in 2014. The sheer bewildering volume of scholarship and discussion of equality makes it difficult to distinguish signal from noise. What, of all that we know about ways (...) in which we are equal and ways in which we are unequal, matters? If, as seems plausible, we neither are nor should desire to be equal in every respect that we could in theory be equal, in which ways ought we to care about being equal? Does the kind of equality of outcome — perhaps equality of income or wealth — that is frequently the focus of discussion matter most? Does opportunity matter more? What about less material forms of equality such as equality of status, or power, or authority? How do these various forms of equality interact with each other? The essays in this volume represent the work of a number of leading scholars from different disciplines on these questions. Drawing on sources in philosophical analysis, empirical science, and history, they sort through competing claims and counterclaims about the intuitions that drive our concern for equality. Their conclusions are not in unison, but nonetheless represent important advances in our attempts to grapple with this crucial social value. (shrink)

Debriefing is a standard ethical requirement for human research involving the use of deception. Little systematic attention, however, has been devoted to explaining the ethical significance of debriefing and the specific ethical functions that it serves. In this article, we develop an account of debriefing as a tool of moral accountability for the prima facie wrong of deception. Specifically, we contend that debriefing should include a responsibility to promote transparency by explaining the deception and its rationale, to provide an apology (...) to subjects for infringing the principle of respect for persons, and to offer subjects an opportunity to withdraw their data. We also present recommendations concerning the discussion of deception in scientific articles reporting the results of research using deception. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Adam Smith and the Virtues of EnlightenmentFred D. Miller Jr.Charles L. Griswold. Adam Smith and the Virtues of Enlightenment. Cambridge: Cambridge University Press, 1999. Pp. xiv + 412. Cloth, $59.95.For over a century, scholars have been vexed by the so-called "Adam Smith problem," which concerns the relationship between the two works which Smith published during his lifetime: The Theory of Moral Sentiments (TMS) in 1759, and An (...) Inquiry into the Nature and Causes of the Wealth of Nations (WN) in 1776 (citations are to the Liberty Classics reprints of the Oxford University Press editions). Many have regarded them as discordant: while TMS is apparently concerned with classical ethics, WN seems to assume that humans are basically egoistic, although they can be directed toward the public good by means of the "invisible hand." It is tempting to view Smith as a transitional author: TMS is the swan song of virtue ethics, whereas WN is a pioneering work in a new tradition of political economy.Griswold challenges this temptation in this brilliant study, arguing that Smith had a coherent and integrated philosophical viewpoint encompassing TMS, WN, and other surviving writings. Griswold views Smith as offering a virtue ethics and "throwing in his lot with the ancient moralists" (65). He argues, "We cannot grasp Smith's diagnosis of and therapy for the modern age without devoting considerable attention to his analysis of the virtues (especially the virtue of justice) as well as to the theory of the emotions, of the impartial spectator, and of sympathy" (20). Smith tried to reconcile a traditional ethics with modern skepticism and the new values associated with commercial society and religious secularism. Griswold's book illuminates a wide range of themes in Smith's moral philosophy: his view of rhetoric, method, and system underlying TMS (chapter 1); sympathy and self-interest (chapter 2); moral psychology and the theory of the impartial spectator (chapter 3); Smith's skepticism and reservations about philosophy (chapter 4); virtue theory (chapter 5); justice (chapter 6); the relationship between TMS and WN (chapter 7); and nature versus artifice in ethics (chapter 8). The epilogue critically discusses whether Smith's moral theory falls into subjectivism, and whether [End Page 439] Smith goes too far in excluding philosophers such as Socrates from ordinary moral discourse.A brief review cannot do justice to Griswold's compelling interpretation, and I shall focus on his solution to "the old problem of how the moral theory and the political economy mesh" (21). Griswold argues, "Smith sees himself as synthesizing an ancient view about the nature of virtue with a modern approach to the problem of the source of moral value. Consequently the moral psychology (especially the notions of sympathy and the impartial spectator) and the virtue theory must be understood in light of each other" (181). Further, "The virtue theory is the moral foundation of Smith's political economy, political theory, and 'natural jurisprudence.' Hence the virtue theory is closely tied to his doctrine of liberty as well as to his views about the pursuit of wealth. However 'ancient' the virtue theory may in some respects be, Smith combines it with a modern view of the social and political institutions appropriate to virtue" (ibid.). With impressive erudition Griswold argues that "taken together... TMS and WN form complementary parts of a larger whole" (265), and that Smith thinks "the virtues of a free and commercial society" may be defended on the basis of views espoused in WN: skepticism of state interference in economic and social matters, anti-utopianism, and the doctrine of the invisible hand (21). Yet WN does not place blind faith in laissez faire but advocates social justice, compulsory public education and greater taxes on the rich (254, 264, 359).Has Griswold, then, finally solved the Adam Smith Problem? There remains the problem that WN apparently neglects central themes of TMS: sympathy, the impartial spectator, and benevolence. In TMS virtue has distinctive components: "Concern for our own happiness recommends to us the virtue of prudence: concern for that of other people, the virtues of justice and beneficence" (TMS 262). These constitute perfect virtue: "The man who acts according to the rules of perfect... (shrink)

Walter M. Miller, Jr.’s 1959 novel A Canticle for Leibowitz is on one level a theological reflection on the human propensity to sin. Not coincidentally, the story is located in an Albertinian abbey in the former American southwest six hundred years after a nuclear holocaust, recounting three separate historical periods over the following twelve hundred years: a dark age, a scientific renaissance, and finally a time of technological achievement where a second nuclear holocaust is imminent. Miller asks the (...) question of whether humans as a species cannot avoid committing acts of sin that cumulatively and continually lead to acts of societal and technological self-destruction; his response oscillates between a fatalistic pessimism (the final extinction of the human species) and a vague optimism (the “new creature,” the mutant Rachel, or perhaps a last group of humans leaving the Earth as the curtain falls). It is my thesis in this article that theological questions about sin (as explored by Augustine and later scholars) can be fruitfully approached by analogous genetic processes; more precisely by reference to the rising science of Epigenetics, which explores how genes can express themselves differently without mutating in response to life stressors. In light of the idea of a genetic and epigenetic expression of moral rules of existence, Augustine’s thesis of original sin as something that is inherited makes new sense. In this light, it may also be possible to approach the question that the Canticle proposes: are we destined to self-destruction, or is there a way out of this destructive cycle? (shrink)

This collection of original articles draws from a cross section of distinguished scholars of ancient Greek philosophy. It is focussed primarily on the philosophy of Aristotle but comprises as well studies of the philosophy of Socrates, Plato, and Epicurus. Its authors explore a range of complementary topics in value theory, moral psychology, metaphysics, natural philosophy, political theory, and methodology, highlighting the rich and lasting philosophical contributions of the thinkers investigated. Opening with an engaging intellectual autobiography of its honoree, Fred D. (...) Miller, Jr., the volume offers treatments of Socrates as a citizen; Plato’s attitude towards poetry; Socratic self-knowledge; Plato’s conception of law in his Republic; explorations of reason, goodness, and moral conduct in Plato; Platonic metaphysics; Aristotelian causation; Aristotelian metaphysics and normativity; natural philosophy in Aristotle; Aristotelian logic; political theory and approaches to justice in Aristotle’s Politics; methodological reflections on how best to approach Aristotle’s indefensible ideas; and closes with a reconsideration of Epicurus on death and the art of dying. Altogether, the volume reflects the richness of the ongoing community of philosophical scholars dedicated to reconstructing, assessing, and criticizing the principal philosophers of the ancient world, whose epoch-forming explorations of the key elements of human life—considered socially, politically, psychologically, and metaphysically—remain topics of lively investigation today. It will be of interest to philosophers of many stripes, including those with a primary interest in ancient philosophy but extending as well to those with systematic interests in the themes it explores. This volume will be a valuable addition to all libraries serving communities dedicated to researching and studying the origins of Western philosophy. (shrink)

Fred D. Miller, Jr.'s stated goal for his new translation for the Oxford World's Classics series is, 'to provide a clear and accessible translation of Aristotle's psychological works while . . . conveying something of his distinctive style'. Not only does Miller achieve these goals in spades, but he also provides something more. His translation of Aristotle's De Anima and Parva Naturalia (the 'short works concerning nature'), along with twenty-three selected fragments from Aristotle's lost works and his 'Hymn (...) to Hermias', is elegant, philosophically sensitive, and informed by some of the best recent scholarly work on Aristotle's psychology and biology. (shrink)