This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.
Are propositions of law true or false? If so, what does it mean to say that propositions of law are true and false? This book takes up these questions in the context of the wider philosophical debate over realism and anti-realism. Despite surface differences, Patterson argues that the leading contemporary jurisprudential theories all embrace a flawed conception of the nature of truth in law. Instead of locating that in virtue of which propositions of law are true, Patterson argues (...) that lawyers use forms of argument to show the truth of propositions of law. Additionally, Patterson argues that the realism/anti-realism debate in jurisprudence is part of a larger argument over the role of postmodernism in jurisprudence. For this, Patterson offers an analytic account of postmodernism and charts its implications for legal theory. This book will be of interest to those in legal theory, philosophy, social and political theory, and ethics. (shrink)
Philosophos Agonistes: Imagery and Moral Psychology in Plato's Republic RICHARD PATTERSON THE COMPETITIVE IMPULSE in its simplest, first and best expression -- be best and first in everything, as Peleus advised Achilles -- seems foreign to the spirit of philosophy for a number of reasons. The most important of these finds metaphorical expression in a "Pythagorean" gnome of uncertain provenance: "Life, said [Pythagoras], is like a festival; just as some come to the festival to compete, some to ply their (...) trade, but the best people come as spectators, so in life the slavish go hunting for fame or gain, the philosophers for the truth" . Plato's celebrated tripartite soul of the Republic provides a psychological underpinning for these observations about the festival crowd, and in particu- lar the distinction between the agonistes -- the competitor hunting victory and fame -- and the philosophical seeker after truth. Bk. IV distinguishes a reason- ing, a spirited, and an appetitive part or aspect of the soul, each having its own proper function and the three together providing a basis for Socrates' discus- sion of the virtues of wisdom, courage, sophrosyne, and justice. Bk. IX is explicit about all three parts having their own particular and natural pleasures and desires: the two lower parts, "spirit" and "appetite," appear respectively as lovers of victory and glory, on the one hand, and money, food, drink, and sex, on the other;.. (shrink)
Aristotle's Modal Logic, first published in 1995, presents an interpretation of Aristotle's logic by arguing that a proper understanding of the system depends on an appreciation of its connection to the metaphysics. Richard Patterson develops three striking theses in the book. First, there is a fundamental connection between Aristotle's logic of possibility and necessity, and his metaphysics, and that this connection extends far beyond the widely recognised tie to scientific demonstration and relates to the more basic distinction between the (...) essential and accidental properties of a subject. Second, Aristotle's views on modal logic depend in very significant ways on his metaphysics without entailing any sacrifice in rigour. Third, once one has grasped the nature of the relationship, one can understand better certain genuine difficulties in the system of logic and appreciate its strengths in terms of the purposes for which it was created. (shrink)
Among the processes of canon-formation is the habit of coupling writers; and among the most powerful of couples in the traditional English literary canon is Spenser-and-Milton. Much of my own professional life has probably been determined by my first teaching assignment of 1963, which included “Spenser-and-Milton,” in those days at Toronto a famous cornerstone course carrying the tamp of the stamp of the formidable Renaissance scholar A. S. P. Woodhouse, known affectionately if disrespectfully to his students as Professor Nature-and-Grace. For (...) several years I labored mightily, though neither naturally nor, I suspect, gracefully, on Spenser-and-Milton, sensing all the time that the connections I made, the doctrines I was conveying, lacked persuasion; and no doubt the seed of this essay was sown in those days, although its angle of sight was not then available, obscured on all sides by institutional pillars.When we couple writers we usually imply a criterion of fit or at least explicable mating. While there is nothing to prohibit a merely comparativist curiosity, or coupling in the service of some other agenda, we presumably give greater authority to relationships that imply causality, even, or especially, if causality is defined as the influence of the one writer on the other. Most of such relationships are unidirectional, from the earlier to the later dead, and a plausible coupling requires either the successor’s own testimony that the influence-relation existed, or other evidence that the influence-relation was strong enough to be formative; or, preferably, both. Annabel Patterson, professor of literature and English at Duke University, is the author of Hermogenes and the Renaissance , Marvell and the Civic Crown , Censorship and Interpretation , Pastoral and Ideology: Virgil to Valéry , and Shakespeare and the Popular Voice. (shrink)
This book articulates a deeper understanding of the phenomenon of Jew hatred as a metaphysical aspect of the human soul. Proceeding from the Jewish thinking that the anti-Semites oppose, David Patterson argues that anti-Semitism arises from the most ancient of temptations, the temptation to be as God, and thus to flee from an absolute accountability to and for the other human being.
Though scholars of political science and moral philosophy have long analyzed the justifications for and against waging war as well as the ethics of warfare itself, the problem of _ending_ wars has received less attention. In the first book to apply just war theory to this phase of conflict, Eric Patterson presents a three-part view of justice in end-of-war settings involving order, justice, and reconciliation. Patterson’s case studies range from successful applications of _jus post bellum,_ such as the (...) U.S. Civil War or Kosovo, to challenges such as present-day Iraq. (shrink)
Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which (...) linguistic practice--the use of forms of legal argument--holds the key to legal meaning. (shrink)
In this cutting edge volume. Dennis Patterson has put together a collection of essays on the topic of law and justice in postmodern society. While trying to avoid a singular point of view for this compilation, Patterson has carefully chosen articles which highlight common themes, problems, and questions.
This celebratory Festschrift dedicated to Charles Kahn comprises some 23 articles by friends, former students and colleagues, many of whom first presented their papers at the international "Presocratics and Plato" Symposium in his honor. The conference was organized and sponsored by the HYELE Institute for Comparative Studies, Parmenides Publishing, and Starcom AG, with endorsements from the International Plato Society, and the Dean of the School of Arts and Sciences, University of Pennsylvania. While Kahn's work reaches far beyond the Presocratics and (...) Plato, it is in these subject areas that the distinction of his scholarship has come to be regarded as virtually unrivaled. The articles contributed to this volume are by some of the most renowned scholars working on these topics today, their breadth and depth bearing witness to his profound impact and influence on the discipline of Ancient Greek Philosophy._ Charles Kahn taught Classics and Philosophy at Columbia University from 1957 to 1965, and has since been teaching in the Philosophy Department of the University of Pennsylvania. He spent a year as Visiting Professor at the American School of Classical Studies in Athens, and had additional Visiting Fellowships at Balliol College, Oxford and Clare Hall, Cambridge, and a term as Visiting Professor at Harvard. He is the recipient of several prestigious research grants, from the American Council of Learned Societies, the National Endowment for the Humanities, and the Guggenheim Foundation. In 2000 he was elected Fellow of the National Academy of Arts and Sciences. He is the author of _Anaximander and the Origins of Greek Cosmology, The Verb “Be” in Ancient Greek, The Art and Thought of Heraclitus, Plato and the Socratic Dialogue, Pythagoras and the Pythagoreans, and Essays on Being_. His latest book,_Plato and the Post-Socratic Dialogue_, is forthcoming from Cambridge University Press. _ Contributors: Julia Annas Sarah Broadie Lesley Brown Tomás Calvo-Martínez Diskin Clay John M. Dillon Dorothea Frede Arnold Hermann Carl A. Huffman Enrique Hülsz Piccone D. M. Hutchinson Paul Kalligas Vassilis Karasmanis Aryeh Kosman Anthony A. Long Richard McKirahan Susan Sauvé Meyer Alexander P.D.Mourelatos Satoshi Ogihara Richard Patterson Christopher J. Rowe David Sedley Richard Sorabji. (shrink)
This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson's _A Companion to Philosophy of Law and Legal Theory _. Represents essential reading for the beginning law student.
This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson's _A Companion to Philosophy of Law and Legal Theory_. Represents essential reading for the beginning law student.
This book cuts new ground in bringing together traditional Christian theological perspectives on truth and reality with a contemporary philosophical view of the place of language in both divine and wordly reality. Patterson seeks to reconcile the requirements that Christian theology should both take account of postmodern insights concerning the inextricability of language and world as well as taking God's truth to be absolute for all reality. Yet it is not simply about theological language and truth as such. Instead (...)Patterson asks: where does language fit in divine and human reality? Patterson's discussion straddles realist, liberal-revisionist and postliberal theological schools, and critiques their various positions before going on to utilise selectively their insights to develop and apply a theological model of 'language-ridden' reality. This model affirms that worldly reality has a radical dependence on God. Finally, the book explores the theological and ethical implications of the model it proposes. (shrink)
The ninth edition of Media Ethics: Issues and Cases has been updated to reflect the most pressing ethical issues in media. Featuring 25 new cases on hot topic issues from fake news to drones and a new chapter on social justice, this authoritative case book gives students the tools to make ethical decisions in an increasingly complex environment.
It is argued that a certain form of the view that the semantic paradoxes show that natural languages are "inconsistent" provides the best response to the semantic paradoxes. After extended discussions of the views of Kirk Ludwig and Matti Eklund, it is argued that in its strongest formulation the view maintains that understanding a natural language is sharing cognition of an inconsistent semantic theory for that language with other speakers. A number of aspects of this approach are discussed and a (...) few objections are entertained. (shrink)
Servant leadership is increasingly gaining interest inside and outside academia. This article builds and extends current theorizing by describing the process that introduces compassionate love as a practical translation for the need to serve, which was positioned by Greenleaf as the core of servant leadership. This article takes a virtues perspective and shows how servant leadership may encourage a more meaningful and optimal human functioning with a strong sense of community to current-day organizations. In essence, we propose that a leader’s (...) propensity for compassionate love will encourage a virtuous attitude in terms of humility, gratitude, forgiveness and altruism. This virtuous attitude will give rise to servant leadership behavior in terms of empowerment, authenticity, stewardship and providing direction. (shrink)
This is a discussion of different ways of working out the idea that the semantic paradoxes show that natural languages are somehow “inconsistent”. I take the workable form of the idea to be that there are expressions such that a necessary condition of understanding them is that one be inclined to accept inconsistent claims (an conception also suggested by Matti Eklund). I then distinguish “simple” from “complex” forms of such views. On a simple theory, such expressions are meaningless, while on (...) a complex theory they are not. I argue that complex theories are incompatible with truth conditional semantics and that simple theories are only coherent when the inconsistent claims are metalingusitic attributions of meaning. I close with a discussion of the version of the simple metalinguistic theory I have defended in “Understanding the Liar” and other papers. (shrink)
(Beall ed. The Revenge of the Liar, forthcoming from Oxford University Press) > The main presentation of my approach to the semantic paradoxes. I take them to show that understanding a natural language is sharing a cognitive relation to a logically false semantic theory with other speakers.
Prior researchers have studied individual components of a theoretical decision-making model. This paper presents the results of a more complete study of the model components and presents limited support of theory. The study examines the relative importance of regulatory, organizational, and personal constructs on an individual''s ethical sensitivity. Auditors from the major international accounting firms, located in two southeastern cities, are surveyed. Structural equation modeling is used to allow for the simultaneous evaluation of the three constructs of interest. The results (...) indicate that the regulatory and organizational constructs are negatively correlated with the personal experience construct. The three constructs are not significant causal factors on ethical sensitivity. This result may be due to the manner in which ethical sensitivity is typically measured or may indicate that the complexity of the ethical decision-making process is not fully captured in the theoretical models. Thus, the models suggested in the prior literature and the results presented in prior studies of the individual components may need to be reconsidered. (shrink)
In her 2007 paper, “Argument Has No Function” Jean Goodwin takes exception with what she calls the “explicit function claims”, arguing that not only are function-based accounts of argumentation insufficiently motivated, but they fail to ground claims to normativity. In this paper I stake out the beginnings of a functionalist answer to Goodwin.
Controversy has arisen of late over the claim that deflationism about truth requires that we explain meaning in terms of something other than truth-conditions. This controversy, it is argued, is due to unclarity as to whether the basic deflationary claim that a sentence and a sentence that attributes truth to it are equivalent in meaning is intended to involve the truth- predicate of the object language for which we develop an account of meaning, or is intended to involve the truth- (...) predicate of the metalanguage in which we develop an account of meaning. The former view is compatible with the truth-conditional theory of meaning for the object language, the latter is incompatible with it. However, the former view is also trivially true; hence we should endorse the claim that any form of deflationism worth being interested in is incompatible with understanding meaning truth-conditionally. (shrink)
Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.
The existence of various sufferings has long been thought to pose a problem for the existence of a personal God: the Problem of Evil. In this paper, we propose an original version of POE, in which the geographic distribution of sufferings and of opportunities for flourishing or suffering is better explained if the universe, at bottom, is indifferent to the human condition than if, as theists propose, there is a personal God from whom the universe originates: the Problem of Geography. (...) POG moves beyond previous versions of POE because traditional responses to POE are less effective as responses to POG than they are to other versions of POE. (shrink)
The issue of whether or not there are visual arguments has been an issue in informal logic and argumentation theory at least since 1996. In recent years, books, sections of prominent conferences and special journals issues have been devoted to it, thus significantly raising the profile of the debate. In this paper I will attempt to show how the views of the later Wittgenstein, particularly his views on images and the no- tion of “picturing”, can be brought to bear on (...) the question of whether there are such things as “purely visual” arguments. I shall draw on Wittgenstein’s remarks in the Blue and Brown Books and in Philosophical Investigations in order to argue that al- though visual images may occur as elements of argumentation, broadly conceived, it is a mistake to think that there are purely visual arguments, in the sense of illative moves from premises to conclusions that are conveyed by images alone, without the support or framing of words. (shrink)