In Law's Empire Prof. Ronald Dworkin has advanced a new theory of law, complex and intriguing. He calls it law as integrity. But in some ways the more radical and surprising claim he makes is that not only were previous legal philosophers mistaken about the nature of law, they were also mistaken about the nature of the philosophy of law or jurisprudence. Perhaps it is possible to summarize his main contentions on the nature of jurisprudence in three theses: First, jurisprudence (...) is interpretive: “General theories of law… aim to interpret the main point and structure of legal practice”. Second, legal philosophy cannot be a semantic account of the word “law.” Legal philosophers “cannot produce useful semantic theories of law”. Third, legal philosophy or jurisprudence “is the general part of adjudication, silent prologue to any decision at law”. (shrink)

Further research on the theological contributions of experts at Vatican Council II has led to identifying six texts by Prof. Joseph Ratzinger, which are presented here. The theological themes expressed in these texts include an insistence on the interior dynamics and questioning of human beings in conceiving the present-day "hearer of the word" to which Vatican II will speak. One is not surprised by the Professor's repeated call for doctrinal formulations drawn from the biblical and patristic sources instead of (...) borrowing from recent theological textbooks. The lecture of October 10, 1962, develops, among other topics, an impressive account of God's self-revelation, which has primacy over the codified witness given by Scripture and tradition, which derive from the one fons that is God's self-manifestation. On biblical inspiration the Council should not attempt a systematic account but simply make reference to essential aspects: those active as human authors, their context which is salvation history, and the communities that they served by writing. All missionary activity in the Church arises ultimately from God's love poured out upon the world in the missions of the Son and Spirit and such action has its summa in Jesus' inaugural proclamation, "Be converted and believe in the Gospel" . In approaching its dialogue with the contemporary world, the Church speaks out of a complex conviction combining awareness that hum. (shrink)

Postema's article discusses, lucidly and probingly, a central jurisprudential idea, which he calls the autonomy thesis. In its general form it is shared by many writers who otherwise support divergent accounts of the nature of law. It is, according to Postema, a thesis that is meant to account for a core idea, that the law's “defining aim is to … unify public political judgment and coordinate social interaction.” In some form or another this core idea is probably supported by Postema (...) himself. However, in this article his concern is to criticize what he takes to be the widespread belief that it is explained by the autonomy thesis. The autonomy thesis is flawed and must be rejected. In arguing to that conclusion he succumbs to one of the unattractive tendencies of contemporary legal and political philosophy, namely he does not discuss anyone's view, but a family of views. This allows one to construct one's target by selecting features from a variety of authors so that the combined picture is in fact no one's view, and all those cited as adhering to it would disagree with it. (shrink)

Moral philosophers are fond of the dictum “ought implies can” and even deontologists normally admit the need to take account of consequences in the design of social institutions. Too often, however, philosophers fail to take advantage of the knowledge provided by the social sciences about the constraints and consequences of alternative forms of social organization. By discussing ideals in abstraction from the problems of institutionalization, they fail at least to see some of the important consequences and costs of a proposed (...) ideal, and sometimes they fail even to understand the ideal itself. (shrink)

The main purpose of this paper is to bring out some significant humanistic characteristics of Chinese religious thought. My account is limited to what is originally and typically Chinese. That is to say, it will exclude what has been influenced by Buddhism from India or Christianity from the Western world. Some of the theses of this paper are based on scholarly works, while others are drawn from the author's primary experience.

In this volume, John R. Catan has gathered together 18 major essays by the well-known aristotelian scholar Joseph Owens that have influenced current opinion on the philosopher.

A number of years ago, James Rachels presented an argument for the necessary non–existence of God. It was based upon a supposed inconsistency between worship and what might be called ‘autonomous moral agency’. In Rachels' view, one person's being the worshipper of another is partially determined by the way in which it is appropriate for the first to respond to the commands of the second. In brief, a worshipper's obedience to commands should be ‘ unqualified ’. Rachels thought that there (...) was some kind of incoherence in the requirement that an autonomous moral agent respond to commands in this way. He concluded that there could be no being who, like God, was alleged necessarily to be a fitting object of worship. (shrink)

The essays in this volume place the history of science in context, especially the genre of history of science informed by Joseph Needham's ecumenical vision of science. The book presents a number of questions that relate to contemporary concerns of the history of sciences and multiculturalism.

Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...

What are our duties or rights? How should we act? What are we responsible for? Joseph Raz examines the philosophical issues underlying these everyday questions. He explores the nature of normativity--the reasoning behind certain beliefs and emotions about how we should behave--and offers a novel account of responsibility.

Joseph Raz presents a penetrating exploration of the interdependence of value, reason, and the will. These essays illuminate a wide range of questions concerning fundamental aspects of human thought and action. Engaging Reason is a summation of many years of original, compelling, and influential work by a major contemporary philosopher.

Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. (...) This volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

How can we understand the world as a whole instead of separate natural and human realms? Joseph T. Rouse proposes an approach to this classic problem based on radical new conceptions of both philosophical naturalism and scientific practice.

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

Since the very beginning, Confucianism has been troubled by a serious gap between its political ideals and the reality of societal circumstances. Contemporary Confucians must develop a viable method of governance that can retain the spirit of the Confucian ideal while tackling problems arising from nonideal modern situations. The best way to meet this challenge, Joseph Chan argues, is to adopt liberal democratic institutions that are shaped by the Confucian conception of the good rather than the liberal conception of (...) the right. -/- Confucian Perfectionism examines and reconstructs both Confucian political thought and liberal democratic institutions, blending them to form a new Confucian political philosophy. Chan decouples liberal democratic institutions from their popular liberal philosophical foundations in fundamental moral rights, such as popular sovereignty, political equality, and individual sovereignty. Instead, he grounds them on Confucian principles and redefines their roles and functions, thus mixing Confucianism with liberal democratic institutions in a way that strengthens both. Then he explores the implications of this new yet traditional political philosophy for fundamental issues in modern politics, including authority, democracy, human rights, civil liberties, and social justice. -/- Confucian Perfectionism critically reconfigures the Confucian political philosophy of the classical period for the contemporary era. (shrink)

Joseph Raz presents a penetrating exploration of the interdependence of value, reason, and the will. These essays illuminate a wide range of questions concerning fundamental aspects of human thought and action. Engaging Reason is a summation of many years of original, compelling, and influential work by a major contemporary philosopher.

Summarizing this century's major debates over realism and the rationality of scientific knowledge, Joseph Rouse believes that these disputes oversimplify the ...

Joseph Raz presents a penetrating exploration of the interdependence of value, reason, and the will. These essays illuminate a wide range of questions concerning fundamental aspects of human thought and action. Engaging Reason is a summation of many years of original, compelling, and influential work by a major contemporary philosopher.