Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. _The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber _places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen’s legal positivism and Weber’s sociology of law, and guided (...) by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising _The Foundation of the Juridical-Political _uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse. (shrink)

Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. _The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber__ _contests the conventional understanding of the theoretical relationship between Kelsen’s legal positivism and Weber’s sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of (...) affinity and divergence in the work of these two influential figures. Thus, the chapters collected in _The Reconstruction of the Juridico-Political _offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber. (shrink)

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a (...) sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm. The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law. (shrink)

_Hans Kelsen and the Natural Law Tradition_ provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition.

This article compares and contrasts Hans Kelsen's concept of normative imputation, in the Lecture Course of 1926, with the concepts of peripheral and central imputation, in The Pure Theory of Law of 1934. In this process, a wider and more significant distinction is revealed within the development of Hans Kelsen's theory of positive law. This distinction represents a shift in Kelsen's philosophical allegiance from the Neo-Kantianism of Windelband to that of Cohen. This, in turn, reflects a broader disengagement of The (...) Pure Theory of Law from the more direct connection with a political project of a civitas maxima envisaged by the Lecture Course. (shrink)

The use of cost-benefit analysis (CBA) in environmental decision-making and the contingent valuation (CV) technique as input into traditional CBA to elicit environmental values in monetary terms has stimulated an extensive debate. Critics have questioned the appropriateness of both the method and the technique. Some alternative suggestions for the elicitation of environmental values are based on a social process of deliberation. However, just like traditional economic theory, these alternative approaches may be questioned on their implicit value judgements regarding the legitimacy (...) of the social-political organisation of the process of value elicitation. Instead of making assumptions a priori, research efforts should be focused on the processes by which actual public attitudes and preferences towards the environment can best be elicited and fed into environmental or other public policy decision-making. In the study presented in this paper, support was found for both the individual WTP based approach and a participatory social deliberation approach to inform the environmental decision-making process, suggesting that a combination of both approaches is most appropriate. (shrink)

In the late Middle Ages the philosopher and mystic Meister Eckhart preached that to know the truth you must be the truth. But how to be the truth? Eckhart's answer comes in the form of an imperative: release yourself, let be. Only then will you be able to understand that the deepest meaning of being is releasement. Only then will you become who you truly are. This book interprets Eckhart's Latin and Middle High German writings under the banner of an (...) imperative of releasement, and then shows how the twentieth-century thinker Martin Heidegger creatively appropriates this idea at several stages of his career. Heidegger had a lifelong fascination with Eckhart, referring to him as "the old master of letters and life." Drawing on archival material and Heidegger's marginalia in his personal copies of Eckhart's writings, Moore argues that Eckhart was one of the most important figures in Heidegger's philosophy. This book also contains previously unpublished documents by Heidegger on Eckhart, as well as the first English translation of Nishitani Keiji's essay "Nietzsche's Zarathustra and Meister Eckhart," which he initially gave as a presentation in one of Heidegger's classes in 1938. (shrink)

Introduction -- Evidence from children -- Evidence form infants and non-human animals -- Evidence from neuroimaging and neuropsychology -- Evidence from adults -- The cognitive basis of mindreading -- Elaborating and applying the theory.

We defend Joseph Melia's thesis that the role of mathematics in scientific theory is to 'index' quantities, and that even if mathematics is indispensable to scientific explanations of concrete phenomena, it does not explain any of those phenomena. This thesis is defended against objections by Mark Colyvan and Alan Baker.

An expanded & revised version of Religion in an Age of Science. Three new chapters on physics & metaphysics in the 18th century and biology & theology in the 19th century. Other new sections included.

Religion and Science is a comprehensive examination of the major issues between science and religion in today's world. With the addition of three new historical chapters to the nine chapters (freshly revised and updated) of Religion in an Age of Science, winner of the Academy of Religion Award for Excellence in 1991, Religion and Science is the most authoritative and readable book on the subject, sure to be used by science and religion courses and discussion groups and to become the (...) introduction of choice for general readers. (shrink)

It is often said that one person or society is `freer' than another, or that people have a right to equal freedom, or that freedom should be increased or even maximized. Such quantitative claims about freedom are of great importance to us, forming an essential part of our political discourse and theorizing. Yet their meaning has been surprisingly neglected by political philosophers until now. Ian Carter provides the first systematic account of the nature and importance of our judgements about degrees (...) of freedom. He begins with an analysis of the normative assumptions behind the claim that individuals are entitled to a measure of freedom, and then goes on to ask whether it is indeed conceptually possible to measure freedom. Adopting a coherentist approach, the author argues for a conception of freedom that not only reflects commonly held intuitions about who is freer than who but is also compatible with a liberal or freedom-based theory of justice. (shrink)

How do we know when one person or society is 'freer' than another? Can freedom be measured? Is more freedom better than less? This book provides the first full-length treatment of these fundamental yet neglected issues, throwing new light both on the notion of freedom and on contemporary liberalism.

First published 1966 Includes index Includes bibliographical references Campion Collection.

Luck permeates our lives, and this raises a number of pressing questions: What is luck? When we attribute luck to people, circumstances, or events, what are we attributing? Do we have any obligations to mitigate the harms done to people who are less fortunate? And to what extent is deserving praise or blame a ected by good or bad luck? Although acquiring a true belief by an uneducated guess involves a kind of luck that precludes knowledge, does all luck undermine (...) knowledge? And how accurate are our luck attributions anyway? The academic literature has seen growing, interdisciplinary interest in luck, and this volume brings together and explains the most important areas of this research. It consists of 39 newly commissioned chapters, written by an internationally acclaimed team of philosophers and psychologists, for a readership of students and researchers. Its coverage is divided into six sections: (i) The History of Luck, (ii) The Nature of Luck, (iii) Moral Luck, (iv) Epistemic Luck, (v) The Psychology of Luck, and (vi) Future Research. The chapters in these sections cover a wide range of topics, from the problem of moral luck, to anti-luck epistemology, to the relationship between luck attributions and cognitive biases, to meta-questions regarding the nature of luck itself, to a range of other theoretical and empirical questions currently being investigated by ethicists, epistemologists, and psychologists. By bringing this research together, the Handbook serves as both a touchstone for understanding the relevant issues and a first port of call for future philosophical and psychological research on luck. (shrink)

Humanity has sat at the center of philosophical thinking for too long. The recent advent of environmental philosophy and posthuman studies has widened our scope of inquiry to include ecosystems, animals, and artificial intelligence. Yet the vast majority of the stuff in our universe, and even in our lives, remains beyond serious philosophical concern. In _Alien Phenomenology, or What It’s Like to Be a Thing_, Ian Bogost develops an object-oriented ontology that puts things at the center of being—a philosophy in (...) which nothing exists any more or less than anything else, in which humans are elements but not the sole or even primary elements of philosophical interest. And unlike experimental phenomenology or the philosophy of technology, Bogost’s alien phenomenology takes for granted that _all_ beings interact with and perceive one another. This experience, however, withdraws from human comprehension and becomes accessible only through a speculative philosophy based on metaphor. Providing a new approach for understanding the experience of things _as_ things, Bogost also calls on philosophers to rethink their craft. Drawing on his own background as a videogame designer, Bogost encourages professional thinkers to become makers as well, engineers who construct things as much as they think and write about them. (shrink)

Two intellectual vices seem to always tempt us: arrogance and diffidence. Regarding the former, the world is permeated by dogmatism and table-thumping close-mindedness. From politics, to religion, to simple matters of taste, zealots and ideologues all too often define our disagreements, often making debate and dialogue completely intractable. But to the other extreme, given a world with so much pluralism and heated disagreement, intellectual apathy and a prevailing agnosticism can be simply all too alluring. So the need for intellectual humility, (...) open-mindedness, and a careful, humble commitment to the truth are apparent. In this book, Dr Church and Dr Samuelson explicate a robust and vibrant account of the philosophy and science of this most valuable virtue, and they highlight how it can be best applied and personally developed. (shrink)

These essays examine how some perennial problems in philosophy and religion are significant for understanding contemporary life. Issues discussed include: capitalism; public philosophy; man-made mass death; psychoanalysis; feminism; fundamentalism; and the desire to be happy.

Ethics in nursing: continuity and change -- Cultural issues, methods and approaches to nursing ethics -- Nursing ethics: what do we mean by 'ethics'? -- Becoming a nurse and member of the profession -- Power and responsibility in nursing practice and management -- Professional responsibility and accountability in nursing -- Classical areas of controversy in nursing and biomedical ethics -- Direct responsibility in nurse/patient relationships -- Conflicting demands in nursing groups of patients -- Ethics in healthcare management: research, evaluation and (...) performance management -- The political ethics of healthcare: health policies and resource allocation -- Corporate ethics in healthcare: strategic planning and ethical policy development -- Making moral decisions and being able to justify our actions -- The relevance of moral theory: justifying our ethical policies. (shrink)

Kant conceived of 'critique' as a kind of winnowing exercise, with the aim of separating the wheat of good metaphysics from the chaff of bad. He used a less familiar metaphor to make this point, namely, that of 'the fiery test of critique'-not a medieval ordeal of trial by fire, but rather a metallurgical assay, or cupellation, a procedure in which ore samples are tested for their precious-metal content. When seen in this light, critique has a positive, investigatory side: it (...) seeks not merely to eliminate bad, 'dogmatic' metaphysics but also to uncover what of philosophical value might be contained in traditional speculative metaphysics. In this comprehensive study of the Transcendental Dialectic in Kant's Critique of Pure Reason, Proops argues that Kant uncovered two nuggets of value: the indirect proof of Transcendental Idealism afforded by the resolution of the Antinomies, and a defence of theoretically grounded 'doctrinal beliefs' in a wise and great originator, on the one hand, and in an afterlife, on the other. This examination of critique engages with Kant's views on a number of central problems in philosophy and meta-philosophy: the explanation of the enduring human impulse towards metaphysics, the correct philosophical method, the limits of self-knowledge, the possibility of human freedom, the resolution of metaphysical paradox, the justification of faith, the nature of scepticism, and the role of 'as if' reasoning in natural science. (shrink)

Answers the questions “How should we read Deleuze?” and “How should we read with Deleuze?” by showing us how his philosophy works.

The third edition of this classic introduction to archaeological theory and method has been fully updated to address the rapid development of theoretical debate throughout the discipline. Ian Hodder and Scott Hutson argue that archaeologists must consider a variety of perspectives in the complex and uncertain task of "translating the meaning of past texts into their own contemporary language". While remaining centered on the importance of meaning, agency and history, the authors explore the latest developments in post-structuralism, neo-evolutionary theory and (...) phenomenology. Previous Edition Hb (1991): 0-521-40142-9 Previous Edition Pb (1991): 0-521-40957-8. (shrink)