Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all.

Times have changed since Pfleiderer, in 1883, after summing up Neoplatonism in three contemptuous sentences, concludes, “In this convulsed state, entirely destitute of contents, consciousness has disappeared, and with it the very possibility of the religious relation, in favour of an orgiastic tumult of feeling.” Had Pfleiderer ever read a word of Plotinus or Proclus? If not, he had many to keep him company among the philosophers of his generation, though to be sure, Hegel, Schopenhauer, and Hartmann realized the importance (...) of the latest era in Greek philosophy. Jowett, in his introductions to Plato, never shows the slightest interest in what Platonism became under the Roman Empire. Edward Caird had certainly read Plotinus; but his lectures upon him in his Evolution of Theology in the Greek Philosophers , though highly praised at the time, are even more misleading than the ignorant neglect of writers like Pfleiderer. (shrink)

This essay critically examines Joseph Rouse's arguments against, what he dubs, the "legitimation project", which are the attempts to delimit and justify the scientific enterprise by means of global, "a priori" principles. Stipulating that a more adequate picture of science can be obtained by viewing it as a continuously transforming pattern of situated activities, Rouse believes that only by refocusing attention upon the actual practice of science can philosophers begin to detach themselves from the irresolvable epistemological problems that have remained (...) the primary byproduct of the traditional philosophical approach. On closer inspection, however, Rouse's project appears susceptible to the criticism that it is either too relativistic to do the work he envisioned for it, or that it participates in the very same legitimation venture that it was intended to replace (in addition to its own brand metaphysical/epistemological problems). This unexpected outcome, moreover, suggests that such legitimation projects may be an integral component of the very practice of science, contrary to Rouse estimate. (shrink)

Times have changed since Pfleiderer, in 1883, after summing up Neoplatonism in three contemptuous sentences, concludes, “In this convulsed state, entirely destitute of contents, consciousness has disappeared, and with it the very possibility of the religious relation, in favour of an orgiastic tumult of feeling.” Had Pfleiderer ever read a word of Plotinus or Proclus? If not, he had many to keep him company among the philosophers of his generation, though to be sure, Hegel, Schopenhauer, and Hartmann realized the importance (...) of the latest era in Greek philosophy. Jowett, in his introductions to Plato, never shows the slightest interest in what Platonism became under the Roman Empire. Edward Caird had certainly read Plotinus; but his lectures upon him in his Evolution of Theology in the Greek Philosophers, though highly praised at the time, are even more misleading than the ignorant neglect of writers like Pfleiderer. (shrink)

BOOK REVIEWS 295 underscore God's existence sola ratione actualizes the biblical narrative, not by request- ing personal satisfaction as he hopes to find the sought-after argument, but, in good monastic-penitential fashion, by having this very argument command redemption for all of humanity. Risking far more than personal disappointment, Anselm's quest for God sola ratione merges prayer and proof to such an extent that any distinction must forthwith be abandoned. Schufreider approaches the Proslogion as a mixture of prayer and proof, but (...) he is not ready to abandon their distinction. Consequently, he not only isolates chapters 2-4 from chapter l, but also from chapters 5-26. On 2o8ff. he speaks of Anselm's "theologizing" of the ontological reality of GOd in those later chapters. In a recent article Stephen Gersh has suggested that the earlier and later parts of the Proslogion are connected by the following unstated premiss: "when two terms are compared as greater and lesser, then God corresponds to the greater. ''1 Whether or not one accepts this premiss, it suppresses in Anselmian fashion the distinction between prayer and proof in favor of an approach sola ratione. In the concluding chapter , Schufreider positions Anselm's "rational mysticism" between the unsystematic but intuitive argumentation of Augustine and the systematic reasoning which expressly lacks vision of Aquinas . Although Schufreider is painting with.. (shrink)

ABSTRACT. The objectivity of physics has been called into question by social theorists, Kuhnian relativists, and by anomalous aspects of quantum mechanics. Here we focus on one neglected background issue, the categorical structure of the language of classical physics. The first half is an historical overview of the formation of the language of classical physics, beginning with Aristotle's Categories and the novel idea of the quantity of a quality introduced by medieval Aristotelians. Descartes and Newton at-tempted to put the new (...) mechanics on an ontological foundation of atomism. Euler was the pivotal figure in basing mechanics on a macroscopic concept of matter. The second scientific revolution, led by Laplace, took mechanics as foundational and attempted to fit the Baconian sciences into a framework of atomistic mechanism. This protracted effort had the unintended effect of supplying an informal unification of physics in a mixture of ordinary language and mechanistic terms. The second half treats LCP as a linguistic para-site that can attach itself to any language and effect mutations in the host without chang-ing its essential form. This puts LCP in the context of a language of discourse and sug-gests that philosophers should concentrate more on the dialog between experimenters and theoreticians and less on analyses of theories. This orientation supplies a basis for treating objectivity. (shrink)

This article provides a material enactment of educational theory to explore how we might do educational theory differently by defamiliarising the familiar. Theory is often assumed to be abstract, located solely in the realm of ideas and separate from practice. However, this view of theory emerges from a set of ontological and epistemological assumptions of separating meaning from matter that are taken to be foundational, when this need not be the case. Drawing upon what variously might be termed materialist, performative (...) or post‐human positions, the article suggests that it is possible to re‐enact theory as a matter‐ing practice—of matter and meaning. The assumption of a separation that divides theory from practice is challenged in this article, which suggests that theory matters by being entangled with the material and that a separation of matter from meaning is an effect. This approach enacts things as matters of concern by contrast with the representation of objects as matters of fact. In this way, educational theory becomes a form of responsible experimentation rather than simply a representation of others. Some implications for education are outlined. (shrink)

This paper responds to Antje du-Bois Pedain’s discussion of the wrongfulness constraint on the criminal law. Du-Bois Pedain argues that the constraint is best interpreted as stating that φing is legitimately criminalised only if φing is wrongful for other-regarding reasons. We take issue with du-Bois Pedain’s arguments. In our view, it is neither a necessary nor sufficient condition of legitimate criminalisation that φing is wrongful in du-Bois Pedain’s sense. Rather, it is a necessary condition of legitimate criminalisation that φing is (...) what we call bare wrongful —that is, that the reasons in favour of φing are defeated by the reasons against. Though du-Bois Pedain is critical of this view, we argue that her criticisms do not convince. (shrink)

A new approach to quantum theory is proposed in this paper. The basis is taken to be theoretical variables, variables that may be accessible or inaccessible, i.e., it may be possible or impossible for an observer to assign arbitrarily sharp numerical values to them. In an epistemic process, the accessible variables are just ideal observations connected to an observer or to some communicating observers. Group actions are defined on these variables, and group representation theory is the basis for developing the (...) Hilbert space formalism here. Operators corresponding to accessible theoretical variables are derived, and in the discrete case, it is proved that the possible physical values are the eigenvalues of these operators. The focus of the paper is some mathematical theorems paving the ground for the proposed foundation of quantum theory. It is shown here that the groups and transformations needed in this approach can be constructed explicitly in the case where the accessible variables are finite-dimensional. This simplifies the theory considerably: To reproduce the Hilbert space formulation, it is enough to assume the existence of two complementary variables. The interpretation inferred from the proposed foundation here may be called a general epistemic interpretation of quantum theory. A special case of this interpretation is QBism; it also has a relationship to several other interpretations. (shrink)

The Stanford Encyclopedia of Philosophy is an open access, dynamic reference work designed to organize professional philosophers so that they can write, edit, and maintain a reference work in philosophy that is responsive to new research. From its inception, the SEP was designed so that each entry is maintained and kept up to date by an expert or group of experts in the field. All entries and substantive updates are refereed by the members of a distinguished Editorial Board before they (...) are made public. (shrink)

How can I give you a reason to believe what I tell you? I can influence the evidence available to you. Or I can simply invite your trust. These two ways of giving reasons work very differently. When a speaker tells her hearer that p, I argue, she intends that he gain access to a prima facie reason to believe that p that derives not from evidence but from his mere understanding of her act. Unlike mere assertions, acts of telling (...) give reasons directly. They give reasons by inviting the hearer’s trust. This yields a novel form of anti-reductionism in the epistemology of testimony. The status of testimony as a sui generis source of epistemic warrant is entailed by the nature of the act of telling. We can discover the nature of this illocution, and its epistemic role, by examining how it functions in the real world of human relations. (shrink)

[The version of this paper published by Oxford online in 2019 was not copy-edited and has some sense-obscuring typos. I have posted a corrected (but not the final published) version on this site. The version published in print in 2020 has these corrections.] Which is more fundamental, assertion or testimony? Should we understand assertion as basic, treating testimony as what you get when you add an interpersonal addressee? Or should we understand testimony as basic, treating mere assertion -- assertion without (...) testimony -- as what you get when you subtract that interpersonal relation? In this chapter, I’ll argue for the subtractive approach and for the more general thesis that its treatment of the interpersonal element in assertion makes understanding that interpersonal element the key to understanding how assertion expresses belief. My theory of belief-expression in assertion treats it as internalizing the transmission of belief in testimony. How we understand that internalizing move depends on how we conceptualize the interpersonal element in testimony. Since what I’ll call the Command Model does not give us the conceptual resources to make this move, we should adopt an alternative that I’ll call the Custodial Model, on which a testifier aims not to convince her addressee but to reason with him – to give him reasons to believe what she tells him grounded in her trustworthiness in thus attempting to influence him. The subtractive approach to assertion thus rests on a key distinction between the aims of reasoning and persuasion. (shrink)

An assurance theory of trust begins from the act of assurance – whether testimonial, advisorial or promissory – and explains trust as a cognate stance of resting assured. My version emphasizes the risks and rewards of trust. On trust’s rewards, I show how an assurance can give a reason to the addressee through a twofold exercise of ‘normative powers’: (i) the speaker thereby incurs an obligation to be sincere; (ii) if the speaker is trustworthy, she thereby gives her addressee the (...) reason. Each claim is controversial; my contribution lies in how I defend them together, linking the sincerity obligation to the provision of reasons. On trust’s risks, I defend a popular thesis about the nature of trust – that trust differs from mere reliance in how it risks betrayal – against the objection that the thesis ‘moralizes’ trust. Such betrayal need not be moral, I argue, because it may derive entirely from how the assurance purports to provide a reason. (shrink)

The book attempts to build a bridge across three cultures: mathematical statistics, quantum theory and chemometrical methods.

"This book is interesting and well-written. The research methods were explained clearly and conclusions were summarized nicely. It is a relatively quick read at only 130 pages. Anyone who has been told, or who has told others, that mathematicians make better thinkers should read this book." MAA Reviews "The authors particularly attend to protecting positive correlations against the self-selection interpretation, merely that logical minds elect studying more mathematics. Here, one finds a stimulating survey of the systemic difficulties people have with (...) basic syllogisms and deductions." CHOICE connect "The authors particularly attend to protecting positive correlations against the self-selection interpretation, merely that logical minds elect studying more mathematics. Here, one finds a stimulating survey of the systemic difficulties people have with basic syllogisms and deductions." CHOICE Connect For centuries, educational policymakers have believed that studying mathematics is important, in part because it develops general thinking skills that are useful throughout life. This 'Theory of Formal Discipline' (TFD) has been used as a justification for mathematics education globally. Despite this, few empirical studies have directly investigated the issue, and those which have showed mixed results. Does Mathematical Study Develop Logical Thinking? describes a rigorous investigation of the TFD. It reviews the theory's history and prior research on the topic, followed by reports on a series of recent empirical studies. It argues that, contrary to the position held by sceptics, advanced mathematical study does develop certain general thinking skills, however these are much more restricted than those typically claimed by TFD proponents. Perfect for students, researchers and policymakers in education, further education and mathematics, this book provides much needed insight into the theory and practice of the foundations of modern educational policy. (shrink)

The first full exploration of the political thought of Jan Patocka, student of Husserl and Heidegger and mentor to Václav Havel.

The biggest obstacle to understanding Aquinas's account of the soul may be the word “soul”. On hearing it, many people are prone to think of ghosts, ectoplasm, or Rene Descartes's notion of res cogitans. None of these has anything to do with the soul as Aquinas understands it. But even the standard one‐line Aristotelian‐Thomistic characterization of the soul as the form of the living body can too easily mislead. As is well known, the word “soul” is in Aristotelian‐Thomistic philosophy essentially (...) a technical term for the substantial form of a living thing. Material substances can be destroyed by other natural objects because they do have an inherent tendency toward corruption. A human being is the kind of substance which, in its mature and normal state, exhibits both the properties and causal powers characteristic of animality and those characteristic of rationality. (shrink)

In the famous Correspondence with Clarke, which took place during the last year of Leibniz's life, Leibniz advanced several arguments purporting to refute the absolute theory of space and time that was held by Newton and his followers. The main aim of this book is to reassess Leibniz's attack on the Newtonian theory in so far as he relied on the principle of the identity of indiscernibles. The theological side of the controversy is not ignored but isolated and discussed in (...) the last three chapters, which deal with problems connected with the notions of omnipotence and omniscience. (shrink)

Social theory is a crucial resource for the social sciences. It provides rich insights into how human beings think and act and how contemporary social life is constructed. But often the key ideas of social theorists are expressed in highly technical and difficult language that can hide more than it reveals. The new edition of this popular book continues to cut to the core of what social theory is about. Covering key themes from the classical thinkers onwards, including Marxism, post-structuralism, (...) phenomenology, feminism and more, the second edition features a new chapter on Actor-Network Theory and enhanced discussion of postcolonial theory. Wide ranging in scope and coverage, the book is concise in presentation and free from jargon. Showing why social theory matters, and why it is of far-reaching social and political importance, the book is ideal for readers seeking a clear, crisp mapping of a complex but very rewarding area. (shrink)

This book is about disobedience. Positive disobedience. Disobedience as a kind of professional behaviour. It shows how teachers can survive and even influence an education system that does staggering damage to potential. More importantly it is an arm around the shoulder of disobedient teachers who transform people's lives, not by climbing promotion ladders but by operating at the grassroots.Disobedient Teaching tells stories from the chalk face. Some are funny and some are heartbreaking, but they all happen in New Zealand schools.This (...) book says you can reform things in a system that has become obsessed with assessment and tick-box reporting. It shows how the essence of what makes a great teacher is the ability to change educational practices that have been shaped by anxiety, ritual and convention. Disobedient Teaching argues the transformative power of teachers who think and act. (shrink)

In this powerful new study Edward Baring sheds fresh light on Jacques Derrida, one of the most influential yet controversial intellectuals of the twentieth century. Reading Derrida from a historical perspective and drawing on new archival sources, The Young Derrida and French Philosophy shows how Derrida's thought arose in the closely contested space of post-war French intellectual life, developing in response to Sartrian existentialism, religious philosophy and the structuralism that found its base at the École Normale Supe;rieure. In a (...) history of the philosophical movements and academic institutions of post-war France, Baring paints a portrait of a community caught between humanism and anti-humanism, providing a radically new interpretation of the genesis of deconstruction and of one of the most vibrant intellectual moments of modern times. (shrink)

Mind and Body in Early China critiques Orientalist accounts of early China as a radical "holistic" other, which saw no qualitative difference between mind and body. Drawing on knowledge and techniques from the sciences and digital humanities, Edward Slingerland demonstrates that seeing a difference between mind and body is a psychological universal, and that human sociality would be fundamentally impossible without it. This book has implications for anyone interested in comparative religion, early China, cultural studies, digital humanities, or science-humanities (...) integration. (shrink)

What happens when we glance around a room? How do we trust what we see in fleeting moments? In The World at a Glance, Edward S. Casey describes how glancing counts for more of human perception than previously imagined. An entire universe is perceived in a glance, but our quick and uncommitted attention prevents examination of these rapid acts and processes. While breaking down this paradox, Casey surveys the glance as an essential way by which we acquaint ourselves with (...) the world. This experiential tour-de-force reveals what happens in a blink of an eye. It will become a landmark study in phenomenology, philosophy, environmental philosophy, and the philosophy of mind. (shrink)

This article traces the development of Sartre's metaphysics with three interrelated aims in mind. The first is to situate Sartre's metaphysical views in relation to those of his predecessors, his contemporaries, and current continental philosophy. The second is to show that Sartre's project informs some of the key changes he makes to his existentialism during his career. The third is to bring Sartre the metaphysician into dialogue with key thinkers in the current realism/antirealism debate in Continental philosophy by showing that (...) the defense of materialism he offers in his later work preserves many hard-won insights of phenomenology and has significant advantages over many contemporary articulations of realism. (shrink)

CONTENTS.--Preface.--I. Our knowledge of God.--II. Sources and growth of the Logos-Christology.--III. Development and permanent value of the Logos-Christology.--IV. The problem of personality.--V. Thought and will.--VI. The problem of sin.

Deleuze and jurisdiction : expressionism in jurisprudence -- Personal jurisdiction : the "method of dramatization" in the law of persons -- Minority and personal jurisdiction : judging sex in re alex -- Persons of animal law -- Deleuze, the law of things and subject-matter jurisdiction -- To put to flight : the right of possession -- The activity of judgment : law of actions and the procedural genre of jurisprudence -- Jurisdiction of control : judgment and procedural forms in Thomas (...) v Mowbray -- The locality of law : jurisdiction in Deleuze. (shrink)

Western scholarship on early Chinese thought has tended to either dismiss the foundational role of metaphor or to see it as a uniquely Chinese mode of apprehending the world. This article argues that, while human cognition is in fact profoundly dependent on imagistic conceptual structures, such dependence is by no means a unique feature of Chinese thought. The article reviews empirical evidence supporting the claims that human thought is fundamentally imagistic; that sensorimotor schemas are often used to structure our understanding (...) of abstract concepts; that these schemas can be selectively combined to result in novel structures; and that there are inextricable connections between body, emotion, and thought in both everyday and philosophical cognition. It also provides a review of a recent trend where, explicitly or not, scholars from a variety of backgrounds have begun to take metaphor more seriously as a foundational bearer of philosophical meaning in early China. (shrink)

RésuméL'authenticité et la diversité font aujourd'hui figure de slogans dans les sociétés contemporaines de part et d'autre de l'Atlantique nord. En revanche, on a peu exploré les liens entre ces deux idées. À cette fin, cet article aborde les écrits tantôt convergents, tantôt divergents de Charles Taylor et Martin Heidegger pour prolonger leurs réflexions respectives sur l'authenticité et montrer en quoi elles peuvent servir defondement à une nouvelle forme de diversité culturelle. Pour tous deux, l'être-au-monde authentique nous permet d'accider au (...) tréfonds du matériel culturel dont nous devons disposer pour que se nouent des rapports fructueux avec les autres cultures. (shrink)

Der Verfasser legt einen Kommentar vor, der allen Lesern von Humes erkenntnistheoretischen Schriften hilfreich sein wird; auch werden zentrale Aspekte seiner Moral- und Religionsphilosophie vorgefuhrt und diskutiert. Dabei wird ein Gesamtbild der Philosophie Humes entwickelt und in den Zusammenhang des zeitgenossischen europaischen Denkens gestellt. Hier bekampft der Verfasser die gelaufige Interpretation, derzufolge Hume als der konsequente Zerstorer des Empirismus gilt; Humes Ziel sei eher die Widerlegung einer Weltauffassung, die fast allen Philosophen seiner Epoche, Empiristen und Rationalisten, gemeinsam war. In einem (...) Anhang wird sein Verhaltnis zur kritischen Philosophie Kants eingehender behandelt. Auf diese Weise soll nicht nur Studenten eine Einfuhrung in die Philosophie Humes, sondern auch Spezialisten grundsatzlich neues Material geboten werden. (shrink)

This article offers suggestions for categorizing combat-related moral injuries, highlights possible causes of these injuries in veterans, and touches upon broadly-conceived measures to prevent and repair them. The first part identifies three prevailing definitions – lost trust, guilt, and harm to one’s capacity for right action and moral virtue – and argues for an emphasis on the latter. In service of highlighting areas for future empirical research and clinical awareness, the second part outlines possible veteran-related causes associated with these three (...) definitions, including unwarranted distrust of authorities, misapplying the theodicy problem to human acts, undue survivor’s guilt, wars that fail to meet ad bellum criteria, causing permissible collateral damage, and killing combatants without regret and for pleasure. The third part mentions strategies for preventing character harm, and then discusses the cognitive, rehabituative, and psychological aspects of moral repair. (shrink)