Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour.The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. (...) Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society.Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change. (shrink)

It is the persistence of social suffering in a world in which it could be eliminated that for Adorno is the source of the need for critical reflection, for philosophy. Philosophy continues and gains its cultural place because an as yet unbridgeable abyss separates the social potential for the relief of unnecessary human suffering and its emphatic continuance. Philosophy now is the culturally bound repository for the systematic acknowledgement and articulation of the meaning of the expanse of human suffering within (...) technologically advanced societies that are already committed to liberal ideals of freedom and equality. (shrink)

Following the lead of Annette Baier, this essay argues that trust relations provide the ethical substance of everyday living. When A trusts B, A unreflectively allows B to approach sufficiently close so as to be able to harm A. In order for this to be possible, A practically presupposes that B perceives A as a person and will hence act accordingly. Trust relations are relations of mutual recognition in which we acknowledge our mutual standing and vulnerability with respect to one (...) another. A robust account of trust assumes: first, trust relations are primary and practical, and while monitored by reason, they are not rationally constituted; second, trust can sustain its practical primacy over moral reason because it is developmentally prior to reason; and third, trust relations can be the bearers of our worth and vulnerability because they are the developmental products of first love. (shrink)

SummaryIt is shown that the concept of understanding cannot be reduced to a combination of knowing that, knowing how, and knowledge by acquaintence. First, it is shown that understanding and knowledge have different objects. Then “understanding what” is analyzed along Aristotelian lines. In the central part of the paper it is shown that understanding objects defined by constitutive rules involves a non‐propositional component. This notion of “understanding” is shown to cut across the humanist‐scientist dichotomy.

Book reviewed in this article: Just War Tradition and the Restraint of War: A Moral and Historical Inquiry. By James Turner Johnson.

Despite optimistic reports about the results of amputation for advanced vascular disease, the patient’s assessment of advantages and disadvantages is seldom acknowledged. A detailed social study of 67 amputees has revealed considerable disparity between the patient’s views and those of the medical staff. About a third of the patients are forced to retire from active work by the amputation; about three-quarters report a serious decline in their social activities; only about half are really independent with prostheses in the long term; (...) a quarter report severe and intractable symptoms related to their amputation stumps; only about a quarter feel that the amputation was definitely beneficial; and only about one in five feel that the medical staff have provided adequate support during their hospital stay. Amputees face physical and financial disability, isolation, and discomfort. Every effort must be made to explain the implications of amputation honestly and realistically and to ensure continuing patient assessment and support. (shrink)

In most areas of our lives, legal protections are in place to ensure that we have autonomous control over what happens in and to our bodies. However, there are fewer protections in place for autonomous choice when it comes to the food we purchase and consume. In fact, the current trend in US legislation is pushing us away from autonomous food choice. In this paper, I discuss two examples of this trend: corporate resistance to GM labeling laws and farm protection (...) laws. These examples are quite different from a legislative point of view. In one case, laws that would promote autonomous choice are actively resisted, whereas in the other case, laws that undermine autonomy are enacted. The common core of the two examples is the effect: in both cases, we are unable to determine whether the food we purchase and consume is consistent with our values. In both cases, then, autonomous choice about the food we purchase and put into our bodies is undermined. (shrink)

Deleuze's philosophy of cinema departs from the standard conception of modernist aesthetics that sees art withdrawing from representation in order to reflect upon the specificity of its medium. While ambitious and influential, Deleuze's attempt fails. Overdetermined by its own metaphysics, it forsakes the real importance of the movies. It is unable to explain how they function and why they matter. This essay pursues three lines of criticism: Deleuze cannot account for the aesthetic specificity of cinema because he deposes the primacy (...) of action in the movement-image in favour of the primacy of belief. This failure is connected to the fact that a cinema of the virtual depends on the very Bazinian realism it is meant to displace. Realism must be acknowledged as the cinematic condition and truth of virtuality. Further, Bazinian realism is the cinematic form of philosophical modernism, preferable for many reasons to Deleuze's philosophy, which returns to pre-modern cosmology in its desire to escape the agent-based, anti-metaphysical commitments of modernism. I apply these criticisms to my analysis of Resnais's Hiroshima mon amour, a movie that prima facie looks made to fulfil the terms of Deleuze's theory but which I argue is an object lesson in realism. (shrink)

After recently meeting with his biological parents, the author--a 29-year-old-married male--learned he had been an hour away from being aborted, being 'saved' only by extraordinary circumstances. In the paper the author reflects upon previous strong pro-choice beliefs and reasserts his commitment to a pro-choice philosophy, integrating his new personal experience. The paper pays particular attention to the biological mother's experience and how her fresh insights have reinforced the author's views on abortion.

The Constitution of the Athenians ascribed to Xenophon the orator.--The Politeia of the Spartans by Xenophon.--The Boeotian Constitution from the Oxyrhynchus historian.--The Constitution of Athens by Aristotle.

Ouvrage à deux voix qui propose deux manières d'envisager le dialogue ou la rencontre de la phénoménologie et de la science, de lire les textes phénoménologiques et enfin d'envisager un avenir de la recherche en phénoménologie.

SummaryWe need to classify emotions as objectual and non‐objectual. Some of the objectual emotions are dependent on the characterizations of their objects. So in these cases reason guides the emotions. But there are also other cases in which the conceptual dependency goes the other way. in the case of aesthetic judgments and certain types of judgments involving purpose, or compassion, the ability to make these judgments is dependent on being in certain emotional states. Thus in some cases emotions aid and (...) supplement reason.RésuméNous devons classer les émotions comme objectuelles et non objectuelles. Quelques‐unes des émotions objectuelles sont dépendantes des caractéristiques de leurs objets. La raison guide alors les émotions. Mais il y a aussi des cas ou la dépendance conceptuelle suit ?on;autres voies. Dans le cas de jugements esthétiques et de jugements comportant des buts, ou de la compassion, la capacityé de porter ces jugements est dépendante de certains états émotionnels dans lesquels se trouve le sujet. Ainsi, dans certains cas, les émotions aident et completent la raison.ZusammenfassungWir müssen die Gefühle in objektuelle und nicht‐objektuelle einteilen. Einige der objektuellen Gefühle sind von der Charakterisierung ihrer Objekte abhängig. In diesen Fällen lenkt die Vernunft die Gefühle. Es gibt aber auch Fälle, in welchen die begriffliche Abhängigkeit umgekehrt verläuft. Im Falle von ästhetischen Urteilen und von gewissen Urteilen, die Zwecke oder Mitgefühle betreffen, hängt die Fähigkeit, solche Urteile zu fällen, davon ab, dass man sich in bestimmten Gemütszuständen befindet. So kommt es, dass in einigen Fällen Gefühle die Vernunft unterstützen und ergänzen. (shrink)

The aim of the present paper is to present a logical analysis of the concept of the free society. The symbolism used will be that of the Principia Mathematica—a few extra-logical symbols being explained when introduced. Regarding logical symbolism, it must be stressed, that the use of artificial symbols is not to be understood as a formalization. For formalization is a procedure by which one abstracts from the meaning of terms and operates on the shapes of the symbols alone—which will (...) not be done here. The symbolism is rather used as a useful shorthand, without which it would be difficult to obtain statements of the desired precision. (shrink)