Is "natural law" actually the "Laws of Nature" as Thomas Jefferson explains in the Declaration of Independence, meaning the rights of Life, Liberty & the pursuit of Happiness, or the ecclesiastical view which holds that laws of the government must conform to "natural laws" in order to be binding? This text examines this conflict, yet leads the reader to draw his own conclusions.

Die Themen reichen von zivilistischen Fragen, die unter allgemeinen rechtstheoretischen Gesichtspunkten aufgegriffen werden, uber wesentliche Aspekte einer allgemeinen Rechtslehre bis zu eigentlich rechtsphilosophischen Gegenstanden. Zusammengehalten wird diese Vielfalt zum einen durch die Einheit des methodischen Ansatzes, zum anderen durch sachliche Grundfragen und Grunduberzeugungen. Der Autor verficht mit allem Nachdruck die Realitat idealen Seins, an dem das Recht teilhat. Er spurt den Sachgegebenheiten und -gesetzlichkeiten dieser Spare nach und legt dabei Fundamente einer rechtswissenschaftlichen Systematik, die weit uber das Zivilrecht hinaus Beachtung (...) verdient. (shrink)

Simon Blackburn can be seen as challenging those committed to sui generis moral facts to explain the supervenience of the moral on the descriptive. We hold that normative facts in general are sui generis. We also hold that the normative supervenes on the descriptive, and we here endeavour to answer the generalization of Blackburn's challenge. In the course of pursuing this answer, we suggest that Frank Jackson's descriptivism rests on a conception of properties inappropriate to discussions of normativity, and we (...) see reason to reject descriptivism generally. We also discuss the views of David Brink, Jonathan Dancy and Bernard Williams in this area. (shrink)

This paper addresses the question of whether all that unites the main parts of John Stuart Mill’s On Liberty—the liberty principle, the defense of free discussion, the promotion of individuality, and the claims concerning individual competence about one’s own good—is a general concern with individual liberty, or whether we can say something more concrete about how they are related. I attempt to show that the arguments of On Liberty exemplify Mill’s institutional design approach set out in Considerations of Representative Government (...) and related works. Mill’s approach reflects both his debt to Bentham and his own progressive development of the utilitarian tradition. The paper proceeds by setting out the elements of Mill’s institutional designs and then showing that On Liberty neatly applies them, thereby clarifying the structure of the arguments of On Liberty. (shrink)

My aim in this chapter is to push back against the tendency to emphasize Mill’s break from Bentham rather than his debt to him. Mill made important advances on Bentham’s views, but I believe there remains a shared core to their thinking—over and above their commitment to the principle of utility itself—that has been underappreciated. Essentially, I believe that the structure of Mill’s utilitarian thought owes a great debt to Bentham even if he filled in that structure with a richer (...) conception of human nature and developed it in more liberal directions. This commonality is revealed, in particular, in Mill’s own institutional designs and practical reform proposals in Considerations on Representative Government and related writings. If this is right, then the tendency of interpreters to highlight their differences rather than their similarities has been to the detriment of both Mill and Bentham scholarship, and so to our understanding of the rise of liberal utilitarianism. (shrink)

Joseph Persky's excellent book, The Political Economy of Progress: John Stuart Mill and Modern Radicalism, shows that J. S. Mill's support for socialism is a carefully considered element of his political and economic reform agenda. The key thought underlying Persky's argument is that Mill has an ‘evolutionary theory of justice’, according to which the set of institutions and practices that are appropriate to one state of society should give way to a new set of institutions as circumstances change and the (...) people themselves improve. However, Persky does not spend a great deal of time discussing Mill's theory of reform, in particular the principles he believes should guide our reform efforts. Reflecting on these principles – notably his principle of impartiality or equal treatment – shows the consistency of Mill's thought over time. (shrink)

For over a decade, a small group of scientists and philosophers—members of the Mind and Life Institute—have met regularly to explore the intersection between science and the spirit. At one of these meetings, the themes discussed were both fundamental and profound: can physics, chemistry, and biology explain the mystery of life? How do our philosophical assumptions influence science and the ethics we bring to biotechnology? And how does an ancient spiritual tradition throw new light on these questions? Pier Luigi Luisi (...) not only reproduces this dramatic, cross-cultural dialogue, in which world-class scientists, philosophers, and Buddhist scholars develop a holistic approach to the scientific exploration of reality, but also adds scientific background to their presentations, as well as supplementary discussions with prominent participants and attendees. Interviews with His Holiness the Karmapa, the Buddhist monk Matthieu Ricard, and the actor and longtime human rights advocate Richard Gere take the proceedings into new directions, enriching the material with personal viewpoints and lively conversation about such topics as the origin of matter, the properties of cells, the nature of evolution, the ethics of genetic manipulation, and the question of consciousness and ethics. A keen study of character, Luisi incorporates his own amusing observations into this fascinating dialogue, painting a very human portrait of some of our greatest—and most intimidating—thinkers. Deeply textured and cleverly crafted, _Mind and Life_ is an excellent opportunity for any reader to join in the debate surrounding this cutting-edge field of inquiry. (shrink)

This article addresses the long-standing problem of how to understand Mill’s famous harm principle in light of his failure to specify what counts as “harm” in On Liberty. I argue that standard accounts restricting “harm” to only certain negative consequences fail to do justice to the text, and that this fact forces us to rethink Mill’s defense of individual liberty. I then offer a new account of that defense in which “harm” is understood in an expansive sense, despite apparent problems (...) for such a view. (shrink)

For over a decade, a small group of scientists and philosophers—members of the Mind and Life Institute—have met regularly to explore the intersection between science and the spirit. At one of these meetings, the themes discussed were both fundamental and profound: can physics, chemistry, and biology explain the mystery of life? How do our philosophical assumptions influence science and the ethics we bring to biotechnology? And how does an ancient spiritual tradition throw new light on these questions? Pier Luigi Luisi (...) not only reproduces this dramatic, cross-cultural dialogue, in which world-class scientists, philosophers, and Buddhist scholars develop a holistic approach to the scientific exploration of reality, but also adds scientific background to their presentations, as well as supplementary discussions with prominent participants and attendees. Interviews with His Holiness the Karmapa, the Buddhist monk Matthieu Ricard, and the actor and longtime human rights advocate Richard Gere take the proceedings into new directions, enriching the material with personal viewpoints and lively conversation about such topics as the origin of matter, the properties of cells, the nature of evolution, the ethics of genetic manipulation, and the question of consciousness and ethics. A keen study of character, Luisi incorporates his own amusing observations into this fascinating dialogue, painting a very human portrait of some of our greatest—and most intimidating—thinkers. Deeply textured and cleverly crafted, _Mind and Life_ is an excellent opportunity for any reader to join in the debate surrounding this cutting-edge field of inquiry. (shrink)

Mill argues that, apart from the principle of utility, his utilitarianism is incompatible with absolutes. Yet in On Liberty he introduces an exceptionless anti-paternalism principle—his liberty principle. In this paper I address ‘the absolutism problem,’ that is, whether Mill's utilitarianism can accommodate an exceptionless principle. Mill's absolute claim is not a mere bit of rhetoric. But the four main solutions to the absolutism problem are also not supported by the relevant texts. I defend a fifth solution—the competence view—that turns on (...) his attention to decision-making structures and, in particular, on the role of expertise considerations in his account. (shrink)

A leading classical utilitarian, John Stuart Mill is an unlikely contributor to the public reason tradition in political philosophy. To hold that social rules or political institutions are justified by their contribution to overall happiness is to deny that they are justified by their being the object of consensus or convergence among all those holding qualified moral or political viewpoints. In this chapter, I explore the surprising ways in which Mill nevertheless works to accommodate the problems and insights of the (...) public reason tradition, and the extent to which he makes arguments that can help those working within that tradition. Mill’s utilitarian theory incorporates the claim that the demands of social life require a publicly accepted set of normative expectations to govern judgments about when one has met one’s obligations and, relatedly, about the appropriateness of blame or punishment. (shrink)

Der handelnde Mensch und die Dinge.--Warten und Erwarten.

Dieser Buchtitel ist Teil des Digitalisierungsprojekts Springer Book Archives mit Publikationen, die seit den Anfängen des Verlags von 1842 erschienen sind. Der Verlag stellt mit diesem Archiv Quellen für die historische wie auch die disziplingeschichtliche Forschung zur Verfügung, die jeweils im historischen Kontext betrachtet werden müssen. Dieser Titel erschien in der Zeit vor 1945 und wird daher in seiner zeittypischen politisch-ideologischen Ausrichtung vom Verlag nicht beworben.

In All Kinds of Magic, Piers recounts this voyage of re-enchantment, which led him from snow-blanketed villages in the Himalayas to a dappled, ancient Sufi ...

This introduction to ethics judiciously combines moral theory with applied ethics to give an opportunity for students to develop acute thinking About Ethical Matters.; The Author Begins Motivating A Concern For moral discourse by dispelling often met objections over relativism and subjectivity. interweaving normative and meta-ethical considerations, a convincing modern account of moral thinking emerges.; Moral theories - consequentialism, Kantianism, contractualism - are explained and illustrated in a way that holds the reader's attention, and students of ethics will take away (...) a perceptive and practical understanding of the nature of moral reasoning and an ability, on such matters, to think afresh for themselves. (shrink)

Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights and defines the scope of those rights. By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain (...) the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights. (shrink)

This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others (...) into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought. (shrink)