The book examines the philosophical foundations of private law, arguing that the foremost preoccupations of the law of obligations are grounded in and pervade the personal lives of individuals.

The Introduction to this volume identifies and briefly summarizes certain issues which have been of central concern to philosophers in the transcendental tradition, including: the question of its relation to metaphysics; the relation of transcendentalism to transcendental idealism; the Kantian concept of a condition of possibility; the concepts of transcendental logic and of transcendental proof or argumentation; the concept of the transcendental turn and the issue of its justification; and the standpoint of transcendental reflection.

This paper offers a synoptic view of Kant's Critique of the Power of Judgement and its reception by the German Idealists. I begin by sketching Kant's conception of how its several parts fit together, and emphasize the way in which the specifically moral motivation of Kant's project of unification of Freedom and Nature distances it from our contemporary philosophical concerns. For the German Idealists, by contrast, the CPJ's conception of the opposition of Freedom and Nature as defining the overarching task (...) of philosophy provides a warrant and basis for bold speculative programmes. The German Idealist development therefore presupposes Kant's failure in the CPJ to resolve the problem of the relation of Freedom and Nature. What is fundamentally at issue in the argument between Kant and his successors is the question of the correct conception of philosophical systematicity and in this context I reconstruct Kant's defence of his claim to philosophical finality. (shrink)

Let us suppose that we accept that humans can be correctly characterized as agents. Let us further presume that this capacity contrasts with most non-human animals. Thus, since agency is what uniquely constitutes what it is to be human, it must be of supreme importance. If these claims have any merit, it would seem to follow that, if agency can be nurtured through education, then it is an overarching moral imperative that educational initiatives be undertaken to do that. In this (...) paper, it will be argued that agency can indeed be enhanced, and that the worldwide educational initiative called Philosophy for Children, and others like it, are in a unique position to do just that, and, therefore, that P4C deserves our praise and support; while denigrations of such efforts for not being “real philosophy” ought to be thoroughly renounced. (shrink)

Michael Hand’s recent paper, ‘Religious Upbringing Reconsidered’, re-opens a debate that was flourishing over a decade ago in this journal and, long before that, in the works of others. In this response I examine Hand’s claims that earlier contributions to the debate passed over the central problem and that he can solve that problem. I endeavour to show that several of Hand’s arguments, such as those dealing with indoctrination, as well as his claims may be flawed, that the relevance of (...) his inquiries is open to question, but that his hidden and, apparently, unacknowledged agenda should not remain hidden or passed over. (shrink)

This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.

Having only emerged in the past few decades, Feminist Philosophy is rapidly developing its own thrust in areas of particular importance to feminism-and women more generally-while also reevaluating and reshaping most other fields of philosophy, from ethics to logic and Marxism to environmentalism.

Forthcoming in Kramer et al (eds), The Legacy of H.L.A. Hart. Posted 8 February 2008.

Although it is primarily concerned with the value of liberty and the justification of compulsory education, what lies behind much of this paper is the question ‘;Why treat children like children?’ The fact is that we do not regard children as having the same rights, privileges and liberties as adults, and children may not be thought of as deserving the same degree of respect or consideration as their seniors. In the past this has led to some horrific states of affairs, (...) and while matters have undoubtedly improved, it is still the case that most people accept what Graham Haydon describes as ‘;the assumption that one thing can go for children and quite another for adults’. One likely consequence of this, and an important example of the different treatment reserved for children is compulsory education. Illiterate and innumerate adults are not compelled to practise their letters or play with counters or watch prescribed television programmes. Even when, to quote Mill, we have an adult ‘;who shows rashness, obstinacy and self-conceit—who cannot live within moderate means—who cannot restrain himself from hurtful indulgencies—who pursues animal pleasures at the expense of those of feeling and intellect’, we do not subject him to character-building games or uplifting scripture readings, or initiate him into the mysteries of home economics, or read Shakespeare at him. But we compulsorily do all of this and more to children. Moreover, compulsory education, as we have it, is not something from which the young can gain remission. The law that requires ‘;every child of compulsory school age…to receive an efficient full-time education suitable to his age, ability, and aptitude’ effectively defines an approach where what counts is the arbitrariness of chronology, not standards or excellence. (shrink)

In suppport of the idea that education should encourage open-mindedness, Hare and McLaughlin have argued that being open-minded about an issue, in a philosophically well-supported sense of ‘open-mindedness’, need not prevent one from holding a firm belief on that issue. In this paper I examine the lack of cohesion in this sense of ‘open-mindedness’, explain why I continue to be anxious about the tensions between open-mindedness and holding firm beliefs and present three further reasons for having reservations about Hare and (...) McLaughlin's proposals. (shrink)

In suppport of the idea that education should encourage open-mindedness, Hare and McLaughlin have argued that being open-minded about an issue, in a philosophically well-supported sense of ‘open-mindedness’, need not prevent one from holding a firm belief on that issue. In this paper I examine the lack of cohesion in this sense of ‘open-mindedness’, explain why I continue to be anxious about the tensions between open-mindedness and holding firm beliefs and present three further reasons for having reservations about Hare and (...) McLaughlin's proposals. (shrink)

Let us suppose that we accept that humans can be correctly characterized as agents. Let us further presume that this capacity contrasts with most non-human animals. Thus, since agency is what uniquely constitutes what it is to be human, it must be of supreme importance. If these claims have any merit, it would seem to follow that, if agency can be nurtured through education, then it is an overarching moral imperative that educational initiatives be undertaken to do that. In this (...) paper, it will be argued that agency can indeed be enhanced, and that the worldwide educational initiative called Philosophy for Children, and others like it, are in a unique position to do just that, and, therefore, that P4C deserves our praise and support; while denigrations of such efforts for not being “real philosophy” ought to be thoroughly renounced. (shrink)

This article contains the author's responses to five critics of his book Law as a Leap of Faith whose criticisms appear in this journal. The critics are Kimberley Brownlee, Antony Hatzistavrou, Kristen Rundle, Sari Kisilevsky and Nicola Lacey. The criticisms and responses pick up the following fifteen themes from the book: law, morality, society, explanation, continuity, rationality, ends, instruments, values, justice, allocation, games, modalities, generalities, jurisprudence.

Justice and Christian Ethics is a study in the meaning and foundations of justice in modern society. Written from a theological perspective, its focus is upon the interaction of religion and law in their common pursuit of justice. Consideration is given, first, to the historical roots of justice in the classical tradition of virtue and in the biblical ideas of covenant and the righteousness of God. Subsequent chapters trace the relationships between justice, law and virtue in Puritanism, in Locke, and (...) in the founding documents of the American Republic in the late eighteenth century. In his concluding section, the author develops a covenantal interpretation of justice which includes both law and virtue, both human rights and the common good. Special attention is given to the pluralistic character of modern political societies; to criteria of distributive justice; and to religious resources for the renewal and transformation of justice. (shrink)

: Catharine Beecher held that women possessed a moral power that could allow them to play a vital role in the moral and social progress of nineteenth century America. Problematically, this power could only be obtained through their subordination to the greatest social happiness. I wish to argue that this notion of subordination, properly framed within her ethico-religious system, can in fact lead to economic independence for women and a surprisingly robust conception of moral power.

Michael Hand has recently challenged certain religious organisations that run Academies in the United Kingdom to devise and pursue their own faith-based curricula in their schools. In this short article I examine some of the problems Hand's challenge might encounter, including whether religious conceptions of worthwhile activities and of human flourishing can be as devoid of religious beliefs as Hand would seem to wish and whether his challenge can be met.

In May of 2020, reports of so-called "long-COVID" began to surface. Long COVID is a collection of post-COVID-19 physical, cognitive and psychological symptoms, such as depression, brain fog, fatigue, and dizziness. As long-COVID is considered a "new" disease, it is not always covered by health insurance or government programs, moreover it is a set of constantly evolving symptoms.While severe cases of COVID-19 itself tend to be mostly in males over fifty-years-old, those individuals affected by long-COVID tend to be mainly female (...) and younger in age. Data supporting the existence of the long-COVID syndrome... (shrink)

In this commentary on Stokoe’s article, ‘Moving forward with membership categorization analysis’, I take up the challenge to apply her keys for MCA to an extract of conversation recorded in a restaurant. The strengths of conversation analysis have not included – and indeed have not attempted to achieve – successful engagement with beyond-the-immediate-talk aspects of culture and the commonsense workings of society. The aim of the article is to explore what MCA might add to an analysis of a stretch of (...) talk using conversation analytic tools. It was found that a systematic application of the keys did indeed provide a richer account of what was going on. Whereas categories alone did not appear to provide more insights than commonsense can tell us, when the broader array of MCA tools and keys were applied, an enhanced analysis of the passage of talk emerged. An exploration of whether this can be extended as a method for a rigorous investigation of culture and society while still being grounded in participants’ mutual, moment-by-moment orientations to categories seems at the very least worth the serious attention of scholars interested in interaction. (shrink)

Objectives. To document the prevalence of ethical requirements in the instructions for authors of journals that published randomized clinical trials in 2005. Design. Using a validated computerized search strategy for retrieving abstracts of RCTs, we retrieved 13 184 references from 2056 journals. These journals were divided into journals that had published > 30 RCTs in 2005, and those that had published fewer. We included all the former and a random sample of the latter journals in the analysis. Measurements. Coders retrieved (...) the instructions for authors for each journal. The coders identified whether 15 ethical requirements were present in each of the instructions, calculated the age of the journal, and determined where it was published. Results. Only 51% of journals required that authors document review by an ethics committee, only 55% required declaration of conflicts of interest, and only 33% required documentation of informed consent. Overall, 48% of instructions required three or fewer of 15 ethics items. Journals publishing many RCTs each year had more ethical requirements, older journals had more requirements, as did journals published in the US. Journals published in Europe had fewer. However, in multiple regression analyses involving the journal's age, location of publication, and number of RCTs published, only publishing many RCTs was associated with having more ethical requirements. Conclusions. Many journals do not require important elements of research ethics in their instructions for authors. Ethical requirements are less common in the many journals that publish few clinical trials each year, journals that have often been overlooked in prior studies of journal ethics. Keywords: Randomized clinical trials, ethical instructions, publication ethics, journal requirements. (shrink)

This paper has two parts. The first is an exposition of John Foster's argument that ultimate reality, whatever else it might be, is not physical, and could not be. The second part is a somewhat tentative discussion of this argument, in which I consider ways it might be challenged or amended. I suggest that while Foster's argument may not render materialism untenable, at the very least it forces the materialist to adopt certain other controversial views, and so is a force (...) to be reckoned with. I shall use the term physical anti-realism to denote the thesis that ultimate reality does not, and cannot possibly, contain anything material or physical. By physicalism I mean the doctrine that ultimate reality can be physical, at least in part. What Foster means by "ultimate reality" will be explained shortly, but it can be taken roughly to mean: the world as it really is, objectively, as opposed to how it appears to be, or how we conceive it to be. The full-scale version of Foster's argument for physical anti-realism is to be found in the first eleven chapters of The Case for Idealism.2 In the remaining six chapters, he argues that the best way of accommodating this negative result is to adopt a version of phenomenalism, by holding that the physical world exists, but only as a "creation" of contingent constraints on the course of human sensory experience. In what follows, I shall be concerned only with the negative part of Foster's argument, his case against physicalism. Foster himself has recently provided a shorter version of his argument, in "The Succinct Case for Idealism".3 The latter work, henceforth The Succinct Case, as opposed to just The Case, is mainly given over to the anti-realist argument, and provides an excellent introduction to it. The exposition which follows may well be longer than the entire Succinct Case. (shrink)

Draft, not yet submitted for publication. Posted 12 February 2008.

This paper continues a conversation about Wittgenstein’s picture of language and meaning and its potential applications for educational theorising. It takes the form of a response to Wolff-Michael Roth’s earlier paper “Heeding Wittgenstein on “understanding” and “meaning”: A pragmatist and concrete human psychological approach in/for education,” in which Roth problematizes the use of the terms “understanding” and “meaning” in education discourse and proposes their abandonment. Whilst we agree with Roth about a series of central points, at the same time we (...) maintain that he has taken his argument in directions antithetical to our reading of Wittgenstein’s work. We offer four points of departure, exploring themes of: appropriate questioning; eliminativism; language-games and grammar; and productivity, explanation, and a science of learning. We conclude by discussing ways consistent with Wittgenstein’s thought to go on in thinking about education. (shrink)