In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to offer a radically new solution to age-old conundrums. The goal is to make a clean break from a traditional path of thought that has become trapped in a cul-de-sac, to make progress by finding a new way forward. Not so with Jean Porter’s work, and particularly her most recent book. Professor Porter demonstrates that thinking through an established tradition – one that has responded to numerous (...) challenges within very different contexts over several millennia – can sometimes offer the most productive response to contemporary dilemmas. She rejects the Sirens’ lure to make a sharp break from received traditions. Instead, she chooses to engage the natural law philosophy of the early Scholastic period from our contemporary perspective and its attendant problems. This provides helpful resources to deal with these contemporary dilemmas, but it also opens new possibilities for the development of natural law thinking. The resulting book, Ministers of the Law, is erudite, artfully presented, and provocative. In this article I view Professor Porter’s successful resuscitation of a plausible account of natural law through a particular lens. My thesis is that we can productively extend her work by more strongly acknowledging the hermeneutical and rhetorical nature of law. This may seem paradoxical, if not incoherent, in light of the common understanding that contemporary hermeneutical and rhetorical philosophy participates in the postmodern critique of rationality. Although many might assume that natural law is wholly at odds with hermeneutical philosophy and rhetorical theory, I argue that the case is just the opposite. Professor Porter acknowledges that rhetorical persuasion is at the center of the practices that gird the natural law tradition, but we should strengthen this acknowledgment to the point of embracing fully the theoretical commitments of contemporary hermeneutical and rhetorical theorists. My discussion is divided into three parts. First, I survey Professor Porter’s argument and establish that she regards hermeneutical and rhetorical practices as critical features of her natural law account. Next, I adumbrate a hermeneutical-rhetorical understanding of natural law that builds on my previous work. Finally, I explore how this account expands and deepens Professor Porter’s natural law account of legal authority. I conclude that we should recognize law’s hermeneutical and rhetorical nature, but that Porter has demonstrated the necessity of taking into account the Scholastics’ natural law philosophy as part of this project. (shrink)

Managers often ask why their firm should have an ethics program, especially if no one has complained about unethical behavior. The pursuit of business ethics can cost money, they say. It can lose sales to less scrupulous competitors and can drain management time and energy. But as Harvard business professor Francis Aguilar points out, ethics scandals (such as over Beech-Nut's erzatz "apple juice" or Sears's padded car repair bills) can severely damage a firm, with punishing legal penalties, bad publicity, (...) and irreparably injured customer relations. Equally important if less obvious, unethical behavior can undermine a firm's organizational spirit. On the other hand, Aguilar argues, in a well run firm, ethical programs can actually enhance corporate performance, strengthening the company at every level and supercharging employee risk taking and innovation. In Managing Corporate Ethics, Aguilar shows managers how to create ethical programs within their organizations that not only discourage large-scale wrongdoing, but can contribute substantially to the achievement of corporate excellence. Aguilar's program is down-to-earth and comprehensive, and based on his extensive research on highly successful, ethical companies, both large and small. He recommends action on three fronts: first, get senior management to provide effective ethical leadership; second, set up an ethics program that promotes concern for the interests of people affected by the firm's operations and that provides safeguards against corrupting business pressures; and third, staff the company with ethical people and surround the organization with ethical advisors (including legal, financial, accounting, tax, and marketing consultants). To illuminate this three-step program, Aguilar incorporates the lessons learned in his in-depth study of ten prominent firms with proven successful ethics programs--among them Hewlett-Packard, Johnson & Johnson, Nucor Steel, Cray Research, ServiceMaster, and Texas Instruments. He examines Lincoln Electric's attention to compensation and job security to ensure quality products and to reduce the pressure or temptation to act unethically. He shows how General Mills, while pushing product line managers to compete aggressively, uses corporate staff units to guard against illegal or unacceptable claims (testing cake recipes, for example, to see if a product's quality fails under the less-than-perfect conditions of a normal kitchen). And he details how Armstrong World Industries uses pep talks, inspirational stories, role models, and ready access to management to promote ethical standards among employees. Throughout, Aguilar demonstrates convincingly that an ethical program pays dividends: that employees, suppliers, customers, and the community at large know when they are being treated in a positive and constructive manner, and are likely to respond in kind. Packed with real life examples of successful (and failed) ethical programs, Managing Corporate Ethics is a valuable roadmap to an often overlooked source of business success. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:470 HISTORY OF PHILOSOPHY of fundamental notions (e.g.,"creator" and "demiurge") are omnipresent. Sometimes even a confusion happens of Anaxagoras with Democritus when the "atom" is ascribed to Anaxagoras (p. 48). And the author does not seem to feel the fatal inadequacy of merely second-hand knowledge. While he in longura et latum argues with Aristotelian presentations and misrepresentations of Anaxagorean tenets, there is good reason for the suspicion that he (...) might never have read even one authentic sentence written by Anaxagoras himself. For those interested in general cultural history, this book, the religious diatribe of a modem Zoroastrian believer, is very worthwhile reading. For the historian of philosophy, itis of rather modest value. P-~LIX M. CLEVE New School for Social Research New York City The Esthetics of the Middle Ages. By Edgar De Bruyne. Trans. Eileen B. Hennessy. (New York: Frederick Uugar, 1969. Pp. viii+232. $6.50) This book has a very complex character. It is the English translation of a French work, L'Esth~tique du moyen dge,I which, in turn, is a one-volume abridged version by Edgar De Bruyne of his own original three-volume work, I~tudes d'Esth~tique M~di~vale.2 Thus, one may evaluate this book either as a translation or, presupposing the faithfulness and correctness of the translation itself,as a relatively short work by E. De Bruyne, or else in its relation to or as compared with the original three-volume work. I will confine myself here to the lattertwo considerations.3 First, considering this book in comparison with the three-volume original work, one of the principal writings of De Bruyne and one of the most significant contemporary contributions to the history of medieval aesthetics, we can find both quantitative and qualitative differences between the original work and its abridged version. The quantitative difference is considerable. While the abridged work, at least in its English translation, is less than a quarter of a thousand pages in length, the original work includes altogether 1,224 pages 4 and is thus more than five times longer than thc translated abridged version of it. The qualitative or methodological difference is at least equally great. In the original work, each of the three volumes deals primarily with the various medieval authors of aesthetic works and doctrines in a chronological order.5 In contrast, the contents of the translated abridged version follow a topical arrangement with chronology playing only a subordinate role, if any at all, within Louvain. L'InstitutSupdrieur de Philosophic, 1947. Brugge: De Tempel, 1946. s I have had no access to the abridged French original. 9 Vol. I, xiv+370; II, x-{-420; III,x-F400. 9 VoL I: Boethius to Erigena; II. "L'l~poque Romane," from the Carolingian period to the schools of Chartres and St. Victor; and Ill:the thirteenthcentury, from St. Bernard to Duns Scotus. BOOK REVIEWS 471 each topic. The six chapters are entitled, "'The Sources," "The Fundamental Principles," "Various Esthetic Systems," "The Esthetic Experience," "Art," and "The Fine Arts." To this may be added a third difference that is the result of the first two differences. There is virtually neither any direct quotation from any author on any topic, nor a~y direct reference to texts in the works of medieval authors mentioned or discussed. While the quantitative difference in itself is understandable, since only a scholar specializing in this field would read over 1,200 pages on medieval aesthetics, and while the qualitative difference is perfectly justified in terms of an intelligent summary, the absence especially of direct references to discussed texts is, as will be shown below, deeply regxettable. So much for the relative consideration of this translated abridged work. Let us next consider the abridged work in itself in the form of a positive and a negative evaluation. Second, despite the relative brevity of the work, one finds this book extremely valuable both in terms of the quantity and the quality of the data it contains. As to quantity, De Bruyne manages to compress an enormous amount of information about medieval aesthetic thought into this book. The significance of this, to confine ourselves at this point only... (shrink)

Keine ausführliche Beschreibung für "Die Ästhetik des Thomas von Aquin" verfügbar.

There has long been a need for a work on the philosophy of beauty treating fundamental problems against the background of the history of aesthetics--ancient and medieval as well as modern and contemporary. This book answers that need with the comprehensive presentations of an objectivist philosophy of beauty to balance the currently popular aesthetic subjectivism. It includes a synopsis of views and theories expressed on the various questions about beauty by philosophers down through the ages. Kovach's acquaintance with relevant literature (...) from the ancient Greeks to twentieth-century authors is staggering. He draws on the observations of thinkers from ancient times--Plato, Aristotle. Philo of Alexandria, Cicero, Plotinus, Augustine, Dionysius the Areopagite, and others; from medieval times--Alexander of Hales, John of la Rochelle, Thomas of York, Bonaventure, Albert the Great, Thomas Aquinas, Dionysius the Carthusian, and others; from modern times--Descartes, J. Addison, Kant, Hegel, Schopenhauer, Nietzsche, Tolstoi, Santayana, Croce, Maritain, Sartre, H. Read, Thomas Munro, and others. With delicate precision Kovach systematically discusses the philosophy of beauty and the problems it raises. Whether or not one agrees with Kovach's objectivist position, no one in the field can afford to be without this book. (shrink)

Law is a specialized semiotic realm, but lawyers generally are ignorant of this fact. Lawyers may manage meaning, but they also are managed by meaning. Seemingly trapped by the weight of pre-existing signs, their attempts to manage these meanings generally are limited to technical interventions and instrumentalist strategies. Signs have power over lawyers because they are embedded in narratives, a semiotic economy that confronts the lawyer as “given” even though it is dynamic and constantly under construction. Most lawyers do not (...) make meaning through legal narratives; rather, they parrot bits of the controlling narratives in response to certain problems. Because clients often can achieve their objectives when their lawyers crudely manipulate the symbols of law, these endeavors pay very well. Well-paid lawyers tend not to ask too many questions. Consequently, semiotics is, at best, misunderstood by lawyers; more likely it is wholly unknown. A lawyer’s avowed instrumentalism is the very problem to be addressed in this regard. For the scope of discussion, I refer to Vico’s famous On the Study Methods of Our Time and draw my conclusion for the lawyer of our time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:470 HISTORY OF PHILOSOPHY of fundamental notions (e.g.,"creator" and "demiurge") are omnipresent. Sometimes even a confusion happens of Anaxagoras with Democritus when the "atom" is ascribed to Anaxagoras (p. 48). And the author does not seem to feel the fatal inadequacy of merely second-hand knowledge. While he in longura et latum argues with Aristotelian presentations and misrepresentations of Anaxagorean tenets, there is good reason for the suspicion that he (...) might never have read even one authentic sentence written by Anaxagoras himself. For those interested in general cultural history, this book, the religious diatribe of a modem Zoroastrian believer, is very worthwhile reading. For the historian of philosophy, itis of rather modest value. P-~LIX M. CLEVE New School for Social Research New York City The Esthetics of the Middle Ages. By Edgar De Bruyne. Trans. Eileen B. Hennessy. (New York: Frederick Uugar, 1969. Pp. viii+232. $6.50) This book has a very complex character. It is the English translation of a French work, L'Esth~tique du moyen dge,I which, in turn, is a one-volume abridged version by Edgar De Bruyne of his own original three-volume work, I~tudes d'Esth~tique M~di~vale.2 Thus, one may evaluate this book either as a translation or, presupposing the faithfulness and correctness of the translation itself,as a relatively short work by E. De Bruyne, or else in its relation to or as compared with the original three-volume work. I will confine myself here to the lattertwo considerations.3 First, considering this book in comparison with the three-volume original work, one of the principal writings of De Bruyne and one of the most significant contemporary contributions to the history of medieval aesthetics, we can find both quantitative and qualitative differences between the original work and its abridged version. The quantitative difference is considerable. While the abridged work, at least in its English translation, is less than a quarter of a thousand pages in length, the original work includes altogether 1,224 pages 4 and is thus more than five times longer than thc translated abridged version of it. The qualitative or methodological difference is at least equally great. In the original work, each of the three volumes deals primarily with the various medieval authors of aesthetic works and doctrines in a chronological order.5 In contrast, the contents of the translated abridged version follow a topical arrangement with chronology playing only a subordinate role, if any at all, within Louvain. L'InstitutSupdrieur de Philosophic, 1947. Brugge: De Tempel, 1946. s I have had no access to the abridged French original. 9 Vol. I, xiv+370; II, x-{-420; III,x-F400. 9 VoL I: Boethius to Erigena; II. "L'l~poque Romane," from the Carolingian period to the schools of Chartres and St. Victor; and Ill:the thirteenthcentury, from St. Bernard to Duns Scotus. BOOK REVIEWS 471 each topic. The six chapters are entitled, "'The Sources," "The Fundamental Principles," "Various Esthetic Systems," "The Esthetic Experience," "Art," and "The Fine Arts." To this may be added a third difference that is the result of the first two differences. There is virtually neither any direct quotation from any author on any topic, nor a~y direct reference to texts in the works of medieval authors mentioned or discussed. While the quantitative difference in itself is understandable, since only a scholar specializing in this field would read over 1,200 pages on medieval aesthetics, and while the qualitative difference is perfectly justified in terms of an intelligent summary, the absence especially of direct references to discussed texts is, as will be shown below, deeply regxettable. So much for the relative consideration of this translated abridged work. Let us next consider the abridged work in itself in the form of a positive and a negative evaluation. Second, despite the relative brevity of the work, one finds this book extremely valuable both in terms of the quantity and the quality of the data it contains. As to quantity, De Bruyne manages to compress an enormous amount of information about medieval aesthetic thought into this book. The significance of this, to confine ourselves at this point only... (shrink)

Hans-Georg Gadamer and Paul Ricoeur were two of the most important hermeneutical philosophers of the twentieth century. Gadamer single-handedly revived hermeneutics as a philosophical field with his many essays and his masterpiece, Truth and Method. Ricoeur famously mediated the Gadamer-Habermas debate and advanced his own hermeneutical philosophy through a number of books addressing social theory, religion, psychoanalysis and political philosophy. This book brings Gadamer and Ricoeur into a hermeneutical conversation with each other through some of their most important commentators. Twelve (...) leading scholars deliver contemporary assessments of the history and promise of hermeneutical philosophy, providing focused discussion on the work of these two key hermeneutical thinkers. The book shows how the horizons of their thought at once support and question each other and how, in many ways, the work of these two pioneering philosophers defines the issues and agendas for the new century. (shrink)

The Novum Organum, (or Novum Organum Scientiarum - "New Instrument of Science"), is a philosophical work by Francis Bacon, originally published in 1620. The title is a reference to Aristotle's work Organon, which was his treatise on logic and syllogism. In Novum Organum, Bacon details a new system of logic he believes to be superior to the old ways of syllogism. This is now known as the Baconian method.

Karl Llewellyn and the course of philosophy in American law -- Philosophical perspectives on law -- Areas of philosophy and their relationship to law -- Philosophical examinations of legal issues -- Law, rhetoric, and practice theory -- Commentaries-- Questioning the relationship between philosophy and American Law.

Legal practice exemplifies the activity of hermeneutical understanding. This chapter explores the dynamic of legal interpretation by focusing on key topics in the philosophical literature. It considers Gadamer's critical distinction between a legal historian writing about a law in the past and a judge deciding a case according to the law. The chapter then reanimates the natural law tradition against the reductive characteristics of legal positivism, reconfiguring the debate by construing man's nature as hermeneutical. Finally, it describes how philosophical hermeneutics (...) grounds critical legal theory rather than serving as a quiescent acceptance of the status quo, drawing from the famous exchanges between Gadamer, Ricoeur, and Habermas. These topics provide a point of entry for demonstrating the exemplary status of legal practice for hermeneutical theory. These topics provide a point of entry for demonstrating the exemplary status of legal practice for hermeneutical theory. (shrink)

In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth anniversary of (...) Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together. (shrink)

Gottfried Wilhelm Leibniz presents the idea of monads, as non-communicative, self-actuating system of beings that are windowless, closed, eternal, deterministic and individualistic. For him, the whole universe and its constituents are monads and that includes humans. In fact, any ‘body’, such as the ‘body’ of an animal or man has, according to Leibniz, one dominant monad which controls the others within it. This dominant monad, he often refers to as the soul. If Leibniz’s conception of monads is accepted, it merely (...) establishes human subjectivity, idiosyncrasies, biases, prejudices and individual points of view as the norm. How then do we ensure inter-subjectivity and the kind of social interaction requisite for the achievement of social order, since Leibniz’s system forecloses the possibility of interaction and communication among monads? In this essay, we argue that just as Leibniz’s monads synchronize only through the Supreme Monad (Monas Monadum), humans as social monads should also interact through a matrix of ideals like truth, honesty, sincerity, integrity, altruism, impartiality, compassion and trust. Since social order is actualised only within the context of linked social structures, relations and values, these utopian ideals would form the fulcrum through which humans relate and the very foundation that would anchor a viable social order. Our aim here is to establish a relationship between Leibniz’s metaphysics and the physical domains of life by showing that metaphysical constructs can impinge on human social relations and wellbeing. The study employed the qualitative method of research through critical analysis of texts, library and archival materials. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

We propose a generalization of expected utility that we call generalized EU (GEU), where a decision maker’s beliefs are represented by plausibility measures and the decision maker’s tastes are represented by general (i.e., not necessarily real-valued) utility functions. We show that every agent, “rational” or not, can be modeled as a GEU maximizer. We then show that we can customize GEU by selectively imposing just the constraints we want. In particular, we show how each of Savage’s postulates corresponds to constraints (...) on GEU. (shrink)

The principle of individual medical confidentiality is one of the moral principles that Africa inherited unquestioningly from the West as part of Western medicine. The HIV/AIDS pandemic in Southern Africa has reduced the relevance of the principle of individual medical confidentiality. Individual medical confidentiality has especially presented challenges for practitioners among the Bantu communities that are well known for their social inter-connectedness and the way they value their extended family relations. Individual confidentiality has raised several unforeseen problems for persons living (...) with HIV/AIDS, ranging from stigma and isolation to feelings of dejection as it drives them away from their families as a way of trying to keep information about their conditions confidential. The involvement of family members in treatment decisions is in line with the philosophy of Ubuntu and serves to respect patients’ and families’ autonomy while at the same time benefiting the individual patient. (shrink)

HIV/AIDS prevention campaigns have been overshadowed by conflicting, competing, and contradictory views between those who support condom use as a last resort and those who are against it for fear of promoting sexual immorality. We argue that abstinence and faithfulness to one partner are the best available moral solutions to the HIV/AIDS pandemic. Of course, deontologists may argue that condom use might appear useful and effective in controlling HIV/AIDS; however, not everything that is useful is always good. In principle, all (...) schools of thought and faith seem to agree on the question of faithfulness for married couples and abstinence for those who are not married. But they differ on condom use. On the ground, the situation is far more complex. We simply lack a single, entirely reliable way to resolve all disagreements regarding HIV/AIDS prevention strategies. (shrink)

Recent EEG studies on the early postmortem interval that suggest the persistence of electrophysiological coherence and connectivity in the brain of animals and humans reinforce the need for further investigation of the relationship between the brain’s activity and the dying process. Neuroscience is now in a position to empirically evaluate the extended process of dying and, more specifically, to investigate the possibility of brain activity following the cessation of cardiac and respiratory function. Under the direction of the Center for Healthy (...) Minds at the University of Wisconsin-Madison, research was conducted in India on a postmortem meditative state cultivated by some Tibetan Buddhist practitioners in which decomposition is putatively delayed. For all healthy baseline and postmortem subjects presented here, we collected resting state electroencephalographic data, mismatch negativity, and auditory brainstem response. In this study, we present HB data to demonstrate the feasibility of a sparse electrode EEG configuration to capture well-defined ERP waveforms from living subjects under very challenging field conditions. While living subjects displayed well-defined MMN and ABR responses, no recognizable EEG waveforms were discernable in any of the tukdam cases. (shrink)