This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
This festschrift collects a number of insightful essays by a group of accomplished Christian scholars, all of who have either worked with or studied under Hendrik Hart during his 35-year tenure as Senior Member in Systematic Philosophy at the Institute for Christian Studies, Toronto, Canada.
The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer (...) and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.
This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
In his, Roger White argued for a principle of indifference. Hart and Titelbaum showed that White’s argument relied on an intuition about conditioning on biconditionals which, while widely shared, is incorrect. In their, Hawthorne, Landes,Wallmann, and Williamson argue for a principle of indifference. Remarkably, their argument relies on the same faulty intuition. We explain their intuition, explain why it’s faulty, and show how it generates their principle of indifference.
This volume offers a selection of the most interesting and important work from recent years in the philosophy of mathematics, which has always been closely linked to, and has exerted a significant influence upon, the main stream of analytical philosophy. The issues discussed are of interest throughout philosophy, and no mathematical expertise is required of the reader. Contributors include W.V. Quine, W.D. Hart, Michael Dummett, Charles Parsons, Paul Benacerraf, Penelope Maddy, W.W. Tait, Hilary Putnam, George Boolos, Daniel Isaacson, Stewart (...) Shapiro, and Hartry Field. (shrink)
In this thought-provoking book, David Hart challenges the creation myth of post--World War II federal science and technology policy. According to this myth, the postwar policy sprang full-blown from the mind of Vannevar Bush in the form of Science, the Endless Frontier. Hart puts Bush's efforts in a larger historical and political context, demonstrating in the process that Bush was but one of many contributors to this complex policy and not necessarily the most successful one. Herbert Hoover, Karl (...) Compton, Thurman Arnold, Henry Wallace, Robert Taft, and Curtis LeMay--along with more familiar figures like Bush--are among those whose endeavors he traces.Hart places these policy entrepreneurs in the broad scheme of American political development, connecting each one's vision of the state in this apparently esoteric policy area to the central issues, events, and figures of mid-century America and to key theoretical debates. Hart's work reveals the wide range of ideas, often in conflict with one another, that underlay what later observers interpreted as a "postwar consensus." In Hart's view, these visions--and the interests and institutions that shape their translation into public policy--form the enduring basis of American politics in this important area. Policymakers today are still grappling with the legacies of the forged consensus. (shrink)
Despite the recent ferocious public debate about belief, the concept most central to the discussion—God—frequently remains vaguely and obscurely described. Are those engaged in these arguments even talking about the same thing? In a wide-ranging response to this confusion, esteemed scholar David Bentley Hart pursues a clarification of how the word “God” functions in the world’s great theistic faiths. Ranging broadly across Judaism, Christianity, Islam, Vedantic and Bhaktic Hinduism, Sikhism, and Buddhism, Hart explores how these great intellectual traditions (...) treat humanity’s knowledge of the divine mysteries. Constructing his argument around three principal metaphysical “moments”—being, consciousness, and bliss—the author demonstrates an essential continuity between our fundamental experience of reality and the ultimate reality to which that experience inevitably points. Thoroughly dismissing such blatant misconceptions as the deists' concept of God, as well as the fundamentalist view of the Bible as an objective historical record, Hart provides a welcome antidote to simplistic manifestoes. In doing so, he plumbs the depths of humanity’s experience of the world as powerful evidence for the reality of God and captures the beauty and poetry of traditional reflection upon the divine. (shrink)
Fourteen philosophers share their experience teaching Peirce to undergraduates in a variety of settings and a variety of courses. The latter include introductory philosophy courses as well as upper-level courses in American philosophy, philosophy of religion, logic, philosophy of science, medieval philosophy, semiotics, metaphysics, etc., and even an upper-level course devoted entirely to Peirce. The project originates in a session devoted to teaching Peirce held at the 2007 annual meeting of the Society for the Advancement of American Philosophy. The session, (...) organized by James Campbell and Richard Hart, was co-sponsored by the American Association of Philosophy Teachers. (shrink)
This study is an unusual contribution to the philosophy of mind in that it argues for the sometimes unfashionable view of dualism: that mind and matter are distinct and separate entities as Descartes believed. The author takes as his point of departure the imaginative hypothesis of disembodiment, which establishes the possibility of the mind's being a quite non-material thing. There are clear casual correlations between what is physical and what is mental, and the most serious issue confronting dualism since Descartes (...) has been how such an interaction is possible. Dr Hart sets out to answer this question by showing that the issue is as much about the nature of causation as it is about the natures of mind and matter. (shrink)
What happens in a conversation between a committed Atheist and a committed Christian? While agreeing to disagree on almost every detail, Kai Nielsen, Chair of the Department of Philosophy, University of Calgary, and Hendrik Hart, Senior Member in Philosophy at the graduate Institute for Christian Studies, Toronto, agree that it is not fruitless.
English translation of a lecture delivered by HLA Hart on 29 October 1979 at the Autonomous University of Madrid. For commentary on the provenance of the lecture and on the methodology of its translation, see Andrzej Grabowski, ‘The Missing Link in the Hart–Dworkin Debate’ 36 Oxford Journal of Legal Studies 476.
Shelah, S., C. Laflamme and B. Hart, Models with second order properties V: A general principle, Annals of Pure and Applied Logic 64 169–194. We present a general framework for carrying out the construction in [2-10] and others of the same type. The unifying factor is a combinatorial principle which we present in terms of a game in which the first player challenges the second player to carry out constructions which would be much easier in a generic extension of (...) the universe, and the second player cheats with the aid of ♦. Section 1 contains an axiomatic framework suitable for the description of a number of related constructions, and the statement of the main theorem 1.9 in terms of this framework. In Section 2 we illustrate the use of our combinatorial principle. The proof of the main result is then carried out in Sections 3–5. (shrink)
Steinbock, Anthony J. Phenomenology and Mysticism: The Verticality of Religious Experience . Indiana Series in the Philosophy of Religion Content Type Journal Article DOI 10.1007/s10743-009-9056-8 Authors James G. Hart, Indiana University Department of Religious Studies Sycamore Hall 230 Bloomington IN 47405-7005 USA Journal Husserl Studies Online ISSN 1572-8501 Print ISSN 0167-9848 Journal Volume Volume 25 Journal Issue Volume 25, Number 2.
This anthology applies phenomenological concepts and methods to issues of philosophical theology and philosophical theology and philosophy: the being and nature of God, and the divine modes of relatedness to nature, to society, and to the self. Essays in Phenomenological Theology contains previously unpublished papers by Iso Kern, J. N. Findlay, Charles Courtney, Thomas Prufer, Robert Williams, James Hart, Steven Laycock, and James Buchanan. It is the first volume to assemble an entire spectrum of phenomenological-theological ideas, including those of (...) neo-Platonic meditation, phenomenological neo-Thomism, Hegelian phenomenological dialectics, Husserlian transcendental reflection, and post-modern deconstructive iconoclasm. The book will be useful to philosophers and theologians seeking an enriched understanding of the rapidly-burgeoning discipline of phenomenological theology, and promises unexpected insights even to seasoned phenomenologists seeking to expand their horizons. (shrink)
In response to the critique of his work by William Sweet, Hendrik Hart first offers some terminological clarifications. The important difference between ‘faith’ (trust in God) and ‘belief’ (our network of accepted understandings of things, expressed in concepts and propositions) is emphasized and his use of terms such as ‘religion,’ ‘knowledge,’ and ‘truth’ are explained. Hart then clarifies his approach to the Western philosophical tradition . He argues that Christian accommodation to philosophy and its idea of ‘reason’ as (...) ultimate arbiter have hindered proper understanding of biblical faith. He finds support for his critique within the philosophical tradition itself, particularly in the form of feminist and postmodern thought. In the end, he offers a vision of religious truth, encapsulated in Jesus’ proclamation, “I am the truth,” that is based upon the embodiment of God’s will and intent. (shrink)
In this paper, we explore the effects of certain forbidden substructure conditions on preordered sets. In particular, we characterize in terms of these conditions those preordered sets which can be represented as the supremum of a well-ordered ascending chain of lowersets whose members are constructed by means of alternating applications of disjoint union and ordinal sums with chains. These decompositions are examples of ordinal decompositions in relatively normal lattices as introduced by Snodgrass, Tsinakis, and Hart. We conclude the paper (...) with an application to information systems. (shrink)
Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, (...) and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)
One of the earliest and best-known of Bentham's works, the Introduction to the Principles of Morals and Legislation sets out a profound and innovative philosophical argument. This definitive edition includes both the late H. L. A. Hart's classic essay on the work and a new introduction by F. Rosen.
Maurice Blanchot is perhaps best known as a major French intellectual of the twentieth century: the man who countered Sartre's views on literature, who affirmed the work of Sade and Lautreamont, who gave eloquent voice to the generation of '68, and whose philosophical and literary work influenced the writing of, among others, Jacques Derrida, Gilles Deleuze, and Michel Foucault. He is also regarded as one of the most acute narrative writers in France since Marcel Proust. In __Clandestine Encounters__, Kevin (...) class='Hi'>Hart has gathered together major literary critics in Britain, France, and the United States to engage with Blanchot's immense, fascinating, and difficult body of creative work. Hart's substantial introduction usefully places Blanchot as a significant contributor to the tradition of the French philosophical novel, beginning with Voltaire's _Candide _in 1759, and best known through the works of Sartre. __Clandestine Encounters_ _considers a selection of Blanchot's narrative writings over the course of almost sixty years, from stories written in the mid-1930s to _L'instant de ma mort_. Collectively, the contributors' close readings of Blanchot's novels, _recits_, and stories illuminate the close relationship between philosophy and narrative in his work while underscoring the variety and complexity of these narratives. "Blanchot's narratives are here read with the care, patience, and thoroughness they deserve. The collection sustains a remarkable intensity of engagement throughout, in so doing opening these narratives out to their necessary contexts--philosophical, of course; but also literary, political, theological, and biographical--with welcome dedication and integrity. The volume makes a timely and decisive contribution to its field, where it will form a major point of reference." --_Martin Crowley, Queens' College, University of Cambridge_ "This outstanding collection--lucid, engaging, generous--illuminates Blanchot and the very notion of 'the philosophical.' " --_Gerald Prince, University of Pennsylvania_ "This collection contains some very important pieces on a major figure of twentieth-century modernism. Blanchot now has a much wider audience in North American than he did even a few years ago when it was mostly experimental fiction writers like Paul Auster, Lydia Davis, R. M. Berry, and Steve Tomasula--not literary critics--who took an interest in Blanchot's literary writings. The focus on the 'narratives' sets this volume apart from, and makes it a good deal more stimulating than, other recent collections of essays on Blanchot." --_Gerald Bruns, University of Notre Dame _. (shrink)
Unarguably, Jean-Luc Marion is the leading figure in French phenomenology as well as one of the proponents of the so-called “theological turn” in European philosophy. In this volume, Kevin Hart has assembled a stellar group of philosophers and theologians from the United States, Britain, France, and Australia to examine Marion's work—especially his later work—from a variety of perspectives. The resulting volume is an indispensable resource for scholars working at the intersection of philosophy and theology. “This is a ground-breaking book (...) by leading continental thinkers on one of the most pioneering and controversial voices to emerge in French thought in decades. This volume addresses the lynch-pin of Marion's thought—the point where philosophy and theology, gift and revelation, impossibility and grace, intersect in fascinating and arresting ways. Kevin Hart, as editor, assembles and conducts a magisterial intellectual orchestra.” —Richard Kearney, Boston College “The collective strength of these exceptionally high-quality essays is the authors’ diversity of reflection on the relation of phenomenology to theology. Readers new to Marion will find their way into the _corpus_ and those already familiar with Marion’s work will encounter stimulating interpretations, challenges, and defenses. Valuable, too, are Hart’s introduction to Marion as phenomenologist and Marion’s defense of the saturated phenomenon that bookend the volume.” —Merold Westphal, Fordham University “As a sophisticated engagement with the question of Marion’s relation to Christian theology specifically, and as a general response to Marion’s work as a whole, _Counter-Experiences_ is an undeniable success. The authors treat Marion’s texts carefully, bring impressive intellectual force to their task, and provide rich documentation in the strongest volume of work on Marion’s thought yet to appear in English.” —Jeffrey Bloechl, College of the Holy Cross. (shrink)
"Today our nation saw evil." - President George W. Bush, September 11th 2001 Evil! Like a zombie back from the grave, it has arisen--a word many of us had long ago relegated to Sunday sermons, video games and horror flicks. But of course, evil is not old fashioned, nor has it ever gone away, and may be as robust as ever. So what is evil? Does it exist? Veteran journalist Bill Hart tries to drag evil out of the darkness (...) and hold it up to the light. In doing so, he has written a very readable account of 5,000 years of philosophy, theology and human history as it reflects and refines its notion of evil. More than an explanation of why bad things happen, Evil: A Primer is a tour through the nether regions in search of what we really know. (shrink)
What did Jesus mean by the expression, the Kingdom of God? As an answer, Kevin Hart sketches a "phenomenology of the Christ" that explores the unique way Jesus performs phenomenology. According to Hart, philosophers and theologians continually reinterpret Jesus’s teaching of the Kingdom so that there are effectively many Kingdoms of God. Working in, while also displacing, a tradition inaugurated by Husserl and continued by philosophers such as Heidegger, Marion, and Lacoste, Hart puts forward a new phenomenology (...) of religion that claims that ethics and religion are not always unified or continuous. (shrink)
The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include (...) modern references and further reading. (shrink)
_From one of the most revered scholars of religion, an incisive explanation of how the word “God” functions in the world’s great faiths_ Despite the recent ferocious public debate about belief, the concept most central to the discussion—God—frequently remains vaguely and obscurely described. Are those engaged in these arguments even talking about the same thing? In a wide-ranging response to this confusion, esteemed scholar David Bentley Hart pursues a clarification of how the word “God” functions in the world’s great (...) theistic faiths. Ranging broadly across Judaism, Christianity, Islam, Vedantic and Bhaktic Hinduism, Sikhism, and Buddhism, Hart explores how these great intellectual traditions treat humanity’s knowledge of the divine mysteries. Constructing his argument around three principal metaphysical “moments”—being, consciousness, and bliss—the author demonstrates an essential continuity between our fundamental experience of reality and the ultimate reality to which that experience inevitably points. Thoroughly dismissing such blatant misconceptions as the deists' concept of God, as well as the fundamentalist view of the Bible as an objective historical record, Hart provides a welcome antidote to simplistic manifestoes. In doing so, he plumbs the depths of humanity’s experience of the world as powerful evidence for the reality of God and captures the beauty and poetry of traditional reflection upon the divine. (shrink)
In TEACHING THE MEDIA: INTERNATIONAL PERSPECTIVES Andrew Hart initiates a challenging dialogue about approaches to Media teaching in the major English-speaking nations of the world, including the United States, Canada, the United Kingdom, Australia, and South Africa. By animating actual lessons and the considered views of classroom practitioners, TEACHING THE MEDIA encourages readers to develop new perspectives on Media teaching, to examine approaches that differ from their own, and to reflect critically on their own practices with a view to (...) understanding them more fully and enhancing their effectiveness in the classroom. Based on original research that began in England in the early 1990s, this is the first international comparative study to focus on Media Education in English-speaking countries. It systematically examines classroom strategies for Media teaching in the light of the major theoretical paradigms which have emerged globally over the last 50 years. It analyses the rich diversity of different educational concerns, goals, and classroom practices through a series of national studies of teachers and lessons. As a result, not only do we see how Media is actually taught in range of classroom contexts, but existing models of Media teaching can now be more precisely critiqued and made more accessible for further research and development. (shrink)
Since the time of the Enlightenment in Western Europe, discussions of faith and reason have often pitted the believer against the skeptic, the theist against the atheist, and the person of one faith against the person of no professed faith. But the relation of reason to faith has been a matter of debate among believers as well. There are those who hold that religious faith can be proven or supported by rational argument. Others say that to try to give reasons (...) and arguments does violence to religious faith, or opens it to misunderstanding and doubt, or trivializes it. Responses to the Enlightenment: An Exchange on Foundations, Faith, and Community is a dialogue between Hendrik Hart and William Sweet, two philosophers who identify themselves as Christians, and who seek to respond to the challenges of the Enlightenment and its legacy. The authors approach the relation of faith to reason, however, in very different ways: Hart from the perspective of the Calvinian tradition and postmodern philosophy, Sweet from the Catholic tradition and analytic philosophy. Among the topics discussed are the nature of religious faith and of reason, liberalism and orthodoxy in religion, the relation of religious experience and rationality, and building community in a religiously and culturally pluralistic world. This exchange presents two distinctive perspectives to some of the major challenges of the reason to religious belief, but seeks to find common ground between them. (shrink)
In recent years there have been ever-growing concerns regarding environmental decline, causing some companies to focus on the implementation of environmentally friendly supply, production and distribution systems. Such concern may stem either from the set of beliefs and values of the company’s management or from certain pressure exerted by the market – consumers and institutions – in the belief that an environmentally respectful management policy will contribute to the transmission of a positive image of the company and its products. Sometimes, (...) however, ethics and market rules are not enough to deal with this situation and specific laws must be considered. This is the case when companies base their activity on the ‹ethics of self-interest’ concentrating their efforts on projecting an adequate image – e.g. environmental respect – rather than fundamentally behaving in environmentally respectful ways. This article, taking as reference the SME context, discusses the reasons for implementing environmentally friendly systems. Both ethics and business seem to be relevant and, therefore, a certain balance between market and interventionism seems to be necessary. (shrink)
Research misconduct has been thoroughly discussed in the literature, but mainly in terms of definitions and prescriptions for proper conduct. Even when case studies are cited, they are generally used as a repository of “lessons learned.” What has been lacking from this conversation is how the lessons of responsible conduct of research are imparted in the first place to graduate students, especially those in technical fields such as engineering. Nor has there been much conversation about who is responsible for what (...) in training students in Responsible Conduct of Research or in allocating blame in cases of misconduct. This paper explores three seemingly disparate cases of misconduct—the 2004 plagiarism scandal at Ohio University; the famous Robert Millikan article of 1913, in which his reported data selection did not match his notebooks; and the 1990 fabrication scandal in Dr. Leroy Hood’s research lab. Comparing these cases provides a way to look at the relationship between the graduate student (or trainee) and his/her advisor (a relationship that has been shown to be the most influential one for the student) as well as at possibly differential treatment for established researchers and researchers-in-training, in cases of misconduct. This paper reflects on the rights and responsibilities of research advisers and their students and offers suggestions for clarifying both those responsibilities and the particularly murky areas of research-conduct guidelines. (shrink)
This paper considers an approach to teaching ethics in bioengineering based on the How People Learn (HPL) framework. Curricula based on this framework have been effective in mathematics and science instruction from the kindergarten to the college levels. This framework is well suited to teaching bioengineering ethics because it helps learners develop “adaptive expertise”. Adaptive expertise refers to the ability to use knowledge and experience in a domain to learn in unanticipated situations. It differs from routine expertise, which requires using (...) knowledge appropriately to solve routine problems. Adaptive expertise is an important educational objective for bioengineers because the regulations and knowledge base in the discipline are likely to change significantly over the course of their careers. This study compares the performance of undergraduate bioengineering students who learned about ethics for stem cell research using the HPL method of instruction to the performance of students who learned following a standard lecture sequence. Both groups learned the factual material equally well, but the HPL group was more prepared to act adaptively when presented with a novel situation. (shrink)
This book represents the most comprehensive attempt to date to explore and test Derrida's contribution and influence on the study of theology, biblical studies, and the philosophy of religion. Over the course of the last decade, the writings of Derrida and the key concepts that emerge from his work such as the gift, apocalypse, hospitality, and messianism have wrought far-reaching and irresistible changes in the way that scholars approach biblical texts, comparative religious studies, and religious violence, for instance, as well (...) as the way they understand basic religious themes as myth, creation, forgiveness, one-ness, and multiplicity. In addition to original contributions from over twenty highly-regarded scholars including John Caputo, Daniel Boyarin, Edith Wyschogrod, Tim Beal, and Gil Anidjar, the volume opens with a lengthy interview with Derrida. (shrink)