In Calvin's thought about the achievement wrought in Christ's death, the idea of a sacrificial death as "a just punishment" seems to have been a second-order explanation that is built upon the notion of his death as involving exposure to the divine curse.

There is a well-worn image and phrase for libertarianism: "atomized individualism." This hobgoblin has spread so thoroughly that even some libertarians think their philosophy unreservedly supports private persons, whatever the situation, whatever their behavior. Smith's Self-Interest and Social Order in Classical Liberalism, corrects this misrepresentation with careful intellectual surveys of Hume, Smith, Hobbes, Butler, Mandeville, and Hutcheson and their respective contributions to political philosophy.

It is a common metaphor that the text is a window onto the world that it depicts. I want to explore this metaphor and the insights it may offer us for better understanding legal interpretation. As in the opening epigraph from James Boyd White, I shall develop the metaphor of the text as window in three ways: the text may be transparent, opaque, or translucent. My goal will be to argue that the best way to understand legal interpretation is to (...) conceive of the legal text as translucent, but along the way I will compare the merits also of considering the legal text as either transparent or opaque. (shrink)

In this essay I argue that there is a sense in which phenomenological content determines the object of a conscious experience. "Phenomenological content" consists of the senses and sense-structures which become apparent when a subject engages in phenomenological reflection. An introduction to phenomenology is provided for those who are unfamiliar with its practice and literature. ;Various philosophers have argued that the sense of a verbal expression does not determine its reference. Ronald McIntyre has maintained that the arguments against the determination (...) of reference by sense can also be used to show that phenomenological content does not determine the object of a conscious experience. I argue that there is a sense of "determination" for which McIntyre is correct, but that there is another sense of "determination" according to which it would be correct to say that phenomenological content determines the object. ;If "determination" is used in a functional sense, in which A determines B if there is some function which yields B as output given A as input, then McIntyre is correct. The twin earth examples of Putnam and Burge clearly show that two subjects can have experiences with the same phenomenological content but different objects, so phenomenological content does not determine the object in this "functional" sense. But if "determination" means just "selection of one", then there is a determination of the object by phenomenological content from the perspective of, or with respect to, the experience itself. ;The object of a conscious experience is determined through being presented in that experience via a unity of sense . Such determination would not occur if a unity of sense could present anything other than a single, distinct, object. But every unity of sense in the phenomenological content of an experience presents something single and distinct. So there is a sense in which the object of a conscious experience is determined by phenomenological content through presentation. (shrink)

Philosophy of history before the nineteenth century was based on the classical theory of history. That theory, in justifying the purpose of historical studies, maintained that history was a storehouse of good and bad examples; was of particular use in educating statesmen, since it provided them with vicarious experience; and was a more compelling moral guide than the abstractions of philosophy. The unquestioned authority of Polybius and other ancient historians, as well as. of the definitions of history by Pseudo-Dionysius and (...) Cicero , perpetuated the exemplar theory. The rise of professional, academic historical study rendered it irrelevant; Bolingbroke was its last notable exponent. (shrink)

In Oneself as Another, Ricœur famously writes of the ethical intention as “aiming at the ‘good life’ with and for others, in just institutions.” This article explores the potential meaning of “just institutions,” a theme underdeveloped in Ricœur’s work. While many have argued that institutions necessarily reify and so cannot aim toward just ends, the article draws on Ricœur’s differentiation between objectification and reification to show why this need not be the case. While reification destroys human value and meaning because (...) it reduces human activity to a thing, objectification characterizes the positive externalization of ourselves in objects—in words, deeds, structures, and institutions. Institutions such as the law are structures that can positively objectify our just aspirations, even if we must continually guard against these structures’ reified reduction. Ricœur shows us how objectification, including objectification of values in institutions, can be something not only positive but necessary in order for values to flourish. (shrink)

G. H. Mead left the following heretofore unpublished material in his desk at the University of Chicago, and it was first discovered by Charles W. Morris in the Summer of 1931. Mr. Morris, who was one of Mead's students in the 1920's, had been teaching at Rice University, but was appointed as a full-time staff member in the department of philosophy at Chicago in 1931; he was given the same office that Mead had occupied for many years prior to his (...) death in April of that year. Due to severely strained relations between the then newly appointed president of the University of Chicago, Robert Maynard Hutchins, and the regular staff members in the philosophy department, several of the latter left Chicago and were employed elsewhere in the fall of 1931. Consequently it seemed appropriate that Mr. Morris and some of Mead's other students should deal with the many unpublished typewritten conjectures that Mead left in his office. The entire book, The Philosophy of the Act, is a collection of items found by Mr. Morris, and the following material is from the same source. It came to my hands twenty-seven years ago because I was one of the collaborators in editing The Philosophy of the Act. If there is a slight over-lapping of the following material and subjects discussed in The Philosophy of the Act, it is for the sake of continuity and clarity. I have corrected the material for spelling and punctuation, and I have tried to give it a systematic arrangement. (shrink)

Philosophy of mind has made substantial progress on biologically-rooted approaches to understanding the mind and subjectivity through the enactivist perspective, but research on subjectivity within neuroscience has not kept apace. Indeed, we possess no principled means of relating experiential phenomena to neurophysiological processes. Here, we present the Nested States Model as a framework to guide empirical investigation into the relationship between subjectivity and neurobiology. Building on recent work in phenomenology and philosophy of mind, we develop an account of experiential states (...) as layered, or nested. We argue that this nested structure is also apparent in brain activity. The recognition of this structural homology — that both experiential and brain states can be characterized as systems of nested states — brings our views of subjective mental states into broad alignment with our understanding of general principles and properties of brain activity. This alignment enables a more systematic approach to formulating specific hypotheses and predictions about how the two domains relate to one another. (shrink)

This book examines the history of violence and terrorism while showing how fragmentation is accelerating to such proportions that it now threatens to annihilate all of humanity. Though no different today than it was centuries ago, violence is now aided by modern technology and its promotion of destructive weapons.

The Iran-United States Claims Tribunal is the most important source of international arbitral decisions for at least the past half century, and its decisions have contributed significantly to the development of international law and the law of international commercial transactions. Judge Aldrich, who is the only member of the Tribunal to have served since its inception in 1981, has written what will be recognised as the definitive book about the jurisprudence of the Tribunal. The book seeks to preserve and to (...) make accessible the substantial body of Awards and Decisions rendered by the Tribunal during the years since it was established in. Its hundreds of Awards and Decisions may be individually consulted but hitherto there has been no detailed analytical guide through the vast published work of the Tribunal. This important new book provides a two-fold service. First, it quotes from the most significant Awards and Decisions at sufficient length so that both their substance and the reasoning of the Tribunal can be understood from access to the present volume alone. Second, it organizes and summarizes the decisions to facilitate finding complete texts relevant to any particular issue. (shrink)