In modern jurisprudence it is taken as axiomatic that John Austin's sanction-based account of law and legal obligation was demolished in H.L.A. Hart's The Concept of Law, but Hart's victory and the deficiencies of the Austinian account may not be so clear. Not only does the alleged linguistic distinction between being obliged and having an obligation fail to provide as much support for the idea of a sanction-independent legal obligation as is commonly thought, but the soundness of Hart's claims, (...) as well as the claims of many legal theorists who have followed him, depend on a contested view of the nature of legal theory. If the task of a theory of law, as Joseph Raz and others have influentially argued, is to identify the essential features of the concept of law, then the theoretical possibility, if not the empirical reality, of a sanction-free legal system is what is most important. But if the task of a theory of law is to provide philosophical and theoretical illumination of law as it exists and as it is experienced, then a theory of law that fails to give a central place to law's coercive reality may for that reason be deficient as a theory of law. The question of the soundness of the Austinian account, therefore, may be a function of the answer to the question of what a theory of law is designed to accomplish. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:RECONSIDERING AQUINAS AS POSTLIBERAL THEOLOGIAN FREDERICK J. CROSSON University of Notre Dame Notre Dame, Indiana IN A RECENT issue of this journal 1 Bruce Marshall argued that the position of Thomas Aquinas on faith and reasonin particular on the meaning of assertions about God-can be read as fundamentally convergent with that of the contemporary theologian, George Lindbeck. The claim is striking because, as Marshall acknowledges, the traditional reading (...) of Aquinas is quite different. Traditionally-Gilson is Marshall's example -it has been thought that the conclusion of a demonstration of God's existence or unity could be true, could correspond to reality, quite independently of the religious doctrines concerning the revealed mysteries of the Godhead. But Marshall argues that, in fact, the texts of Aquinas explicitly deny that the non-believer is really succeeding in talking about God at all. The claim is a challenging one, and one from which there seems much to learn, because it is not only bold-and so promises a significant shift in the traditional understanding of Aquinas's meaning-but confronts many of the texts which seem to warrant that traditional understanding. Even if his reading is wrong, which I believe it is, there is benefit in thinking through the reasons why it is wrong and in clarifying not only what Aquinas taught but also what is at issue. I propose to do three things: first, to state the interpretation which Marshall, enlarging on Lindbeck, wants to give of the 1 Bruce D. Marshall, "Aquinas as Postliberal Theologian," The Thomist 53 (July 89) : 353-402. The article is followed by George Lindbeck, "Response to Bruce Marshall," 403-406. 481 482 FREDERICK J. CROSSON position of Aquinas on the possibility of natural knowledge of God; second, to examine several instances of Marshall's reading which are integral to his arguments but which I think are wrong, i.e., misconstrue the texts he is dealing with; third, to reflect briefly on one of the larger issues which seem to me involved in the questions here discussed, namely the commensurability of the teachings of the major religious traditions. I In Lindbeck's view,2 the propositions about God (or "the Ultimate Mystery") which religious doctrines assert can have " ontological truth " or correspond to reality only if the categories in terms of which those propositions are formulated are adequate to express that reality. This condition may be called the " categorial truth " of the doctrine, and " can thus be described as potential ontological truth,... a religion has this kind of truth when its ' categories ' are capable of being used to describe what is ultimately real" (359).3 The categorial truth of religious doctrine is thus a necessary condition for its teachings to be "ontologically true," i.e., to correspond to what is. But it is not a sufficient condition. The categories employed by the teachings must be used in the proper way: the composing and dividing of the categories (e.g., "Father," "person," "nature") must be a composing and dividing which asserts what, according to the religious doctrine, really is combined and separated. But for the utterances 4 of a believer to be ontologically true, they 2 George Lindbeck, The Nature of Doctrine: Religion and Theology in a Postliberal Age (Philadelphia: Westminster, 1984). 3 Page numbers without other citation will be to Marshall's article; see note 1. 4 Lindbeck also seems to make it a necessary condition of " ontological truth" that the utterance be performative in J. L. Austin's sense. The Nature of Doctrine, p. 68 et pass. Since Marshall does not dwell on this in his article, I only note it here. For a brief but incisive criticism of this condition, see Paul Griffiths, "An Apology for Apologetics," Faith and Philosophy 5 (Oct. 1988) : 409-11. It may be that Lindbeck was led to stress utterances as the locus of truth, curious though that seems, because the alternative is to make what is uttered true, and that would be independent of the person's practice in a way that utterance seems not to be. AQUINAS AS POSTLIBERAL THEOLOGIAN 483 must also be consistent or cohere with the paradigmatic propositions of the religion, with its revealed... (shrink)

Many contemporary practitioners of analytic jurisprudence take their understanding of legal positivism largely from Hart, and the debates about legal positivism exist largely in a post-Hartian world. But if we examine carefully the writings and motivations of Bentham and even Austin, we will discover that there are good historical grounds for treating both a normative version of positivism and a version more focused on legal decision-making as entitled to at least co-equal claims on the positivist tradition. And even if (...) we conceive of the inquiry in philosophical and not historical terms, there are reasons to doubt the view that a theory of the nature of law is the exclusive understanding of the core commitment of legal positivism. Positivism as a descriptive theory of the nature of law is important, but so too is positivism as a normative theory about the preferable attitude of society or theorists, and so too is positivism as a normative or descriptive theory of adjudication and other forms of legal decision-making. Those who understand positivism and the positivist tradition as being more normative or more adjudication-focused than the contemporary understanding allows are thus committing neither historical or philosophical mistakes, and little would be lost were we to recognize the multiple important contemporary manifestations of the legal positivist tradition. (shrink)

This critical editorial introduction summarizes and explicates Frederick Will’s pragmatic realism and his account of the nature, assessment, and revision of cognitive and practical norms in connection with: the development of Will’s pragmatic realism, Hume’s problem of induction, the oscillations between foundationalism and coherentism, the nature of philosophical reflection, Kant’s ‘Refutation of Idealism’, the open texture of empirical concepts, the correspondence conception of truth, Putnam’s ‘internal realism’, the redundancy theory of truth, sociology of knowledge, the governance of practice by (...) norms and the assessment and revision of norms in practice, scientific realism, the alleged independence of reason and tradition, rule-following, legal realism, ethical intuitionism and moral relativism, the regress problem (both in epistemology and in moral theory), the paradox of analysis, and culminating in Will’s account of the philosophical governance of norms. These issues are discussed in close consideration of the views of: William Alston, John Dewey, Descartes, Leibniz, Waismann, Austin, Russell, Schlick, Ayer, Richard Rorty, Michael Williams, Hempel, Carnap, Simon Blackburn, Ramsey, Strawson, Kuhn, Wilfrid Sellars, Wittgenstein, Nozick, Dretske, Quine, Barbara Herman, Hardy Jones, Marcus Singer, and Gerd Buchdahl. (shrink)

Christianity for Buddhists. Frederick Farrar. The Saint Austin Press, London 2002. 105pp. £7.95. ISBN 1-901157-23-7.

This analysis of Austin Farrer's philosophical theology joins the distinguished work by contemporary personalists, Embers and the Stars by Erazim Kohak and Being and Value by Frederick Ferré. Conti's work is more than an analysis of Farrer's understanding of the relation of faith and reason, the nature of God, and God's relation to other persons. Through a detailed, rigorous investigation of the changes in Farrer's thought from Finite and Infinite through Freedom of the Will to Faith and Speculation, (...) Conti provides us not only a clear, well-argued defense of personalist metaphysics but also insight into central currents in mid-century thinking in philosophical theology. (shrink)

Esta coletânea é um tributo a Peter Frederick Strawson pelo centenário de seu nascimento (1919-2019). Diferentemente de outras coletâneas, esta propõe colocar em relevo a interlocução de Strawson com a tradição filosófica. Em outras palavras, por um lado, queremos evidenciar as discussões que Strawson travou com os seus contemporâneos (Austin, Quine, Russell e Wittgenstein), e, por outro, a influência que recebeu e as críticas que dirigiu àqueles que o precederam na história da filosofia (Aristóteles, Descartes, Hume, Kant). Poderíamos (...) ter enriquecido a lista acima com o nome de muitos outros filósofos com os quais Strawson teve contato, mas julgamos que o trabalho ficaria bastante extenso. Por esse motivo, optamos por aqueles nomes mais significativos que figuram na construção da história intelectual de Strawson. O presente volume reúne nove capítulos que levam como título o nome de Strawson e do filósofo com o qual ele dialogou ao longo de suas obras. Essa opção na nomeação dos capítulos por si só já permite colocar em evidência os principais filósofos pelos quais Strawson se interessou e com os quais se confrontou ao longo de seu trabalho filosófico. Com exceção do capítulo sobre Wittgenstein, que é uma versão revisada de um texto publicado anteriormente, todos os outros capítulos são inéditos e foram escritos especialmente para esta coletânea. O volume inclui na abertura a tradução de “Um fragmento de autobiografia intelectual”, de P. F. Strawson. Quando elegemos como título desta obra, Strawson e a tradição filosófica, não estamos insinuando que Strawson é um historiador da filosofia e muito menos que se interesse por historiografia. O título desta obra apenas quer indicar que Strawson, por um lado, transita na história da filosofia com alguma facilidade, além de nutrir um grande apreço por ela e, por outro, que ele discute com os principais nomes da história da filosofia no que concerne aos temas de seu interesse. A sua proposta filosófica é alimentada e irrigada por esse conhecimento, o que lhe dá a possibilidade de assumir na maioria das vezes posições ponderadas e equilibradas acerca de temas complexos por ele tratados. ​ ISBN: 978-85-5696-689-6. Nº de pág.: 244. (shrink)

By deepening Austin’s reflections on the ‘open texture’ of empirical concepts, Frederick L. Will defends an ‘externalist’ account of mental content: as human beings we could not think, were we not in fact cognizant of a natural world structured by events and objects with identifiable and repeatable similarities and differences. I explicate and defend Will’s insight by developing a parallel critique of Kant’s and Carnap’s rejections of realism, both of whom cannot account properly for the content of experience. (...) This critique shows that Will has identified a genuinely transcendental basis for defending common-sense realism, without appeal to any high-level theory of knowledge. I then show how Will’s realism undercuts Simon Blackburn’s quasi-realism, Michael Williams’ partial defense of skepticism, John Haldane’s attempt to rehabilitate Aquinas’ account of concepts, and how it augments Crispin Wright’s defense of realism. (shrink)

What is meaning? How is linguistic communication possible? What is the nature of language? What is the relationship between language and the world? How do metaphors work? The Philosophy of Language, considered the essential text in its field, is an excellent introduction to such fundamental questions. This revised edition collects forty-six of the most important articles in the field, making it the most up-to-date and comprehensive volume on the subject. Revised to address changing trends and contemporary developments, the fifth edition (...) features seven new articles including influential work by Mark Crimmins, Gottlob Frege, David Kaplan, Frederick Kroon, W. V. Quine, and Robert Stalnaker (two essays). Other selections include classic articles by such distinguished philosophers as J. L. Austin, John Stuart Mill, Hilary Putnam, Bertrand Russell, John R. Searle, and P. F. Strawson. The selections represent evolving and varying approaches to the philosophy of language, with many articles building upon earlier ones or critically discussing them. Eight sections cover the central issues: Truth and Meaning; Speech Acts; Reference and Descriptions; Names and Demonstratives; Propositional Attitudes; Metaphor and Pretense; Interpretation and Translation; and The Nature of Language. A general introduction and introductions to each section give students background to the issues and explain the connections between them. A list of suggested further reading follows each section. (shrink)

This paper presents the results of a study of the effect of a business ethics course in enhancing the ability of students to recognize ethical issues. The findings show that compared to students who do not complete such a course, students enrolled in a business ethics course experience substantial improvement in that ability.

In this paper I argue against the usual interpretation of\nMeinong's argument for nonexistent objects, an\ninterpretation according to which Meinong imported\nnonexistent objects like "the golden mountain" to account\ndirectly for the truth of statements like the golden\nmountain is golden'. I claim instead (using evidence from\nMeinong's "On Assumptions") that his argument really\ninvolves an ineliminable appeal to the notion of pretense.\nThis appeal nearly convinced Meinong at one stage that he\ncould do without nonexistent objects. The reason, I argue,\nwhy he nonetheless embraced an ontology of nonexistents (...) has\nto do with the phenomenology of representation, and not\nwith semantics. (shrink)

This paper involves one crucial assumption; namely, that the statistical predictions of quantum mechanics for Bell's variant of the EPR experiment will continue to be verified as detector efficiencies are improved and the need for coincidence counters is eliminated. This assumption entails that any hidden-variables theory for quantum mechanics must violate Bell's inequality--the inequality derived in Bell (1964). It is shown here that four locality conditions are involved in the derivation of Bell's inequality; and that a violation of any of (...) the four locality conditions will either entail the existence of superluminal influences or the existence of superluminal signals (superluminal influences that can be used to transmit information), if conspiratorial theories can be ruled out. The attempts so far to rule out conspiratorial theories are all found to be rather dubious, but there are other considerations developed here that rule them out convincingly. Finally, it is demonstrated that violations of each of the four locality conditions can be used to transmit information superluminally, if certain auxiliary conditions are satisfied. This is of particular interest because one of these conditions corresponds to a condition dubbed "completeness" by Jon Jarrett. Jarrett and others have suggested that violations of completeness cannot be used to send information superluminally. Demonstrating otherwise is, perhaps, the most significant result obtained in this paper. (shrink)

I defend the claim that Kant is a moral antirealist, or (as he would state it) moral idealist. I first define moral realism and moral idealism, concluding that moral idealism requires that every moral property depend upon the minds of moral agents. Kant's metaethical theory is idealist regarding the nature of value, since it depends upon the voluntary choices of moral agents in pursuing particular ends, the nature of right, since the categorical imperative stems from moral agents' own reason, and (...) the nature of moral agency, since freedom is construed in terms of the use of reason. (shrink)

Processes comparable in important respects to those underlying human conscious and non-conscious processing can be identified in a range of species and it is argued that these reflect evolutionary precursors of the human processes. A distinction is drawn between two types of processing: stimulus-based and higher-order. For ‘higher-order,’ in humans the operations of processing are themselves associated with conscious awareness. Conscious awareness sets the context for stimulus-based processing and its end-point is accessible to conscious awareness. However, the mechanics of the (...) translation between stimulus and response proceeds without conscious control. The paper argues that higher-order processing is an evolutionary addition to stimulus-based processing. The model’s value is shown for gaining insight into a range of phenomena and their link with consciousness. These include brain damage, learning, memory, development, vision, emotion, motor control, reasoning, the voluntary versus involuntary debate, and mental disorder. (shrink)

Conventional wisdom has it that chaotic behavior is either strongly suppressed or absent in quantum models. Indeed, some researchers have concluded that these considerations serve to undermine the correspondence principle, thereby raising serious doubts about the adequacy of quantum mechanics. Thus, the quantum chaos question is a prime subject for philosophical analysis. The most significant reasons given for the absence or suppression of chaotic behavior in quantum models are the linearity of Schrödinger’s equation and the unitarity of the time-evolution described (...) by that equation. Both are shown in this essay to be irrelevant by demonstrating that the crucial feature for chaos is the nonseparability of the Hamiltonian. That demonstration indicates that quantum chaos is likely to be exhibited in models of open quantum systems. A measure for probing such models for chaotic behavior is developed, and then used to show that quantum mechanics has chaotic models for systems having a continuous energy spectrum. The prospects of this result for vindicating the correspondence principle (or the motivation behind it, at least) are then briefly examined. (shrink)

That no member of a natural kind can switch kinds is a consequence of David Wiggins’ view that the identity conditions for such things are given by the natural kind itself. If dog is a natural kind, then dogs must be dogs and one dog cannot ‘turn into’ something else, say, by gradually ‘becoming’ a mass of tissue (as Marjorie Price had held). Were such a transition to involve the persistence of the same thing, then the thing in question would (...) comply with conditions of identity not restricted to dogs. To provide for such transitions James Baillie suggests alternative conditions of identity, based on Andrew Brennan’s notion of ‘survival’ (itself borrowed from Parfit). Survival requires that the earlier thing be ‘structurally similar to’, and ‘play a significant and direct role in the production of’ the later thing (sufficiency is gained if, in addition, they are composed of the same kind of matter). Unlike identity, however, survival is what Wiggins calls a ‘branching’ relation, capable of linking a single thing with two or more equal ‘competitors’ (as apparently happens in cases of brain fission). To provide conditions of identity per se, Baillie follows Parfit, who claimed that our identity is preserved by psychological continuity when there is no branching. Members of natural kinds, such as dogs, are now said to be reidentifiable over time by the relation of non-branching survival. I argue against this on the ground that we can know when this relation obtains only when we are already able to individuate things by a different sort of relation, such as those associated with natural kinds. (shrink)

Kant's distinction between things in themselves and things as they appear, or appearances, is commonly attacked on the ground that it delivers a radical and incoherent ‘two world’ picture of what there is. I attempt to deflect this attack by questioning these terms of dismissal. Distinctions of the kind Kant draws on are in fact legion, and they make perfectly good sense. The way to make sense of them, however, is not by buying into a profligate ontology but by using (...) some rather different tools – surprisingly enough, tools first developed in the area of aesthetics. Once this is done, much of what Kant says begins to look perfectly coherent. In the final part of the paper, I point out that none the less all is not well. Kant's Critical doctrines make it hard for us to accept Kant's own version of this otherwise coherent distinction. (shrink)

Mill is a detractor of the view that proper names have meanings, defending in its place the view that names are nothing more than (meaningless) marks. Because of this, Mill is often regarded as someone who anticipated the theory of direct reference for names: the view that the only contribution a name makes to propositions expressed through its use is the name's referent. In this paper I argue that the association is unfair. With some gentle interpretation, Mill can be portrayed (...) as someone who is a Millian in the sense he most cares about (names are meaningless marks) but a descriptivist in so far as he takes the determinants of reference to be properties in the possession of speakers. I contend that this view is not only one that Mill comes close to holding, but, in light of the reasons that (nearly) led him to such a view, one that is worth taking seriously on its own terms. (shrink)

The core of J.G. Herder's philosophy of nationalism lies in the conviction that human creativity must be embedded in the particular culture of a communal language. While he acknowledged that this cultural particular must be integrated into a more universal humanity, he insisted that each culture should preserve its incommensurable distinctiveness. He also called for a new method of enquiry regarding history, one that demands empathetic sensitivity toward the uniquely individual while realizing that there are few gains without losses. F.M. (...) Barnard demonstrates that Herder, despite his innovative work on the idea of nationality, was fully aware of the dangers of ethnic fanaticism, but also of the hazards of what is now known as globalization, recognizing that these must be tempered by a sense of universal humanity. Barnard shows that Herder anticipated modern theories of the dynamics of cultures and traditions through the problematic interplay of persistence and change and that his speculations on cultural and political pluralism, on language as a democratic bond, and on the possible fusion of communitarian and liberal dimensions of public life remain relevant to contemporary debates. (shrink)

Husserl focused perhaps more than any other philosopher on the relationship between philosophy and psychology. This problem was important to him because the European project of universal science must include sciences of consciousness that address questions of meaning, value and purpose so crucial for humanity. This paper provides a sketch of the later Husserl’s thinking on this issue in order to clarify the relationships among transcendental philosophy as the mother of the sciences, psychology as the foundational mental science, and the (...) various regional sciences of persons. Radicalizing and extending the transcendental tradition to free philosophy from naturalism, Husserl developed methods and fundamental concepts for understanding consciousness in its distinctive world constituting function. In parallel fashion, Husserl traced the historical failures of psychology to its naturalistic philosophy, from which he liberated the discipline by means of phenomenological reflections on the intentional property of its subject matter. This pure focus on mental processes resulted in the clarification of the transcendental phenomenological foundation of psychology as well as a recognition of the paradoxical manner in which psychological processes are both world constituting and mundanely present in the lives of persons. The apperceptive synthesis of transcendental consciousness and mundane embodiment in the identification of the person is proposed as essential for a non-naturalistic, intentional psychology, which provides appropriate concepts and the method of intentional analysis for such sciences of persons as sociology, history, literary studies, and religious studies. The problems, means, and inevitable inadequacies of communicating transcendental insights in language are discussed. Analysis of the complexity of living persons discloses their transcendental dimension in the manifolds their mundane activities and in their products, including use, cultural, and art objects as well as social institutions. Attention is drawn to resources in phenomenology beyond Husserl and in the genuine psychological intuitions of non-phenomenologists for generating non-naturalistic, phenomenologically grounded person sciences. (shrink)

I defend Locke’s claim that no two things of the same kind can occupy the same place at that time. In the relevant sense of ‘kind’, a kind is a sortal, which, with an appropriate ostension, is enough to indicate which object is meant. To perform this function sortals must be sufficient to determine the persistence conditions of the thing ostended.

Alfred Schutz in his phenomenological studies on the social world, has systematically analyzed the nature of social relationships between individuals, and has arrived at an originating point involving intersubjectivity. This point is described by what he calls the Pure We-relationship. Comparison of Schutz's analysis of the Pure We relationship with Buber's description of his personal experience of intersubjectivity, i.e., the l-Thou relationship, reveals a remarkable convergence. For instance, fundamental to both Schutz and Buber are the notions that intersubjectivity is tied (...) to the lived presence of the self with the other (i.e., sharing of time in the stream of duration), and that the 'content' of this 'experience' is related to the being of the other. These interesting features in the works of Schutz and Buber are described by showing the similarity between the Pure We and I-Thou relationships. (shrink)

By re-examining the writings of Gadamer and Habermas and their views of earlier interpretive theorists, this book offers a radical challenge to their idea of the 'dialogue' between researchers and their subjects.

1. Do models formulated in programming languages use explicit rules where connectionist models do not? 2. Are rules as found in programming languages hard, precise, and exceptionless, where connectionist rules are not? 3. Do connectionist models use rules operating on distributed representations where models formulated in programming languages do not? 4. Do connectionist models fail to use structure sensitive rules of the sort found in "classical" computer architectures? In this chapter we argue that the answer to each of these questions (...) is negative. (shrink)

Wilhelm Dilthey's late nineteenth-century doctrine of `re-experiencing' the thoughts and feelings of the actors whose lives the social scientist seeks to understand has been criticized by several commentators as entailing a `naïve empathy view of understanding' in which social scientists are said to transport themselves into other cultural contexts in a wholly uncritical, unreflective manner. This article challenges such criticisms by arguing that Dilthey's writings on hermeneutics amount to a highly sophisticated defence of the role of psychological feeling in understanding (...) that should still be of interest to contemporary social theorists. Beginning with a review of the reception of Dilthey's work by Max Weber and the Neo-Kantians, the article goes on to enumerate a number of significant parallels between Dilthey's insights and more recent approaches in social and cultural theory. (shrink)

The article appraises Habermas's recent writings on theology and social theory and their relevance to a new sociology of religion in the `post-secular society'. Beginning with Kant's Religion Within the Limits of Reason Alone, Habermas revisits his earlier thesis of the `linguistification of the sacred', arguing for a `rescuing translation' of the traditional contents of religious language through pursuit of a via media between an overconfident project of modernizing secularization, on the one hand, and a fundamentalism of religious orthodoxies, on (...) the other. Several questions, however, must be raised about this current project. How far can Habermas engage adequately with religious ideas of the absolute while still retaining certain broadly functionalist theoretical premises? Is the notion of an ongoing secularization process in the `post-secular society' a contradiction in terms? What appropriate `limits and boundaries' are to be accepted between the domains of knowledge and faith, and how strictly can they be drawn? How coherent is the notion of `methodological atheism', and how consistently can Habermas pursue the project of a `religious genealogy of reason'? (shrink)