This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
This festschrift collects a number of insightful essays by a group of accomplished Christian scholars, all of who have either worked with or studied under Hendrik Hart during his 35-year tenure as Senior Member in Systematic Philosophy at the Institute for Christian Studies, Toronto, Canada.
Social contract theory has been criticized as a “theory in search of application.” We argue that incorporating the nano, or individual, level of analysis into social contract inquiry will yield more descriptive theory. We draw upon the psychological contract perspective to address two critiques of social contract theory: its rigid macro-orientation and inattention to the process of contract formation. We demonstrate how a psychological contract approach offers practical insight into the impact of social contracting on day-to-day human interaction. We then (...) articulate several potentially testable propositions that emerge from this nano-level perspective. (shrink)
Although business ethicists have theorized frequently about the virtues and vices of employee loyalty, the concept of loyalty remainsloosely defined. In this article, we argue that viewing loyalty as a cognitive phenomenon—an attitude that resides in the mind of theindividual—helps to clarify definitional inconsistencies, provides a finer-grained analysis of the concept, and sheds additional light on theethical implications of loyalty in organizations. Specifically, we adopt the psychological contract perspective to analyze loyalty’s cognitivedimensions, and treat loyalty as an individual-level construction of (...) perceived reciprocal obligations. Based upon this perspective, we present a three-tiered framework of loyalty that provides a psychologically informed definition of the concept, specifies the variety of obligation types that loyalty can imply, and anticipates the potential for asymmetrical loyalty configurations between employers and employees. We use the framework to articulate moral issues associated with both symmetrical and asymmetrical loyalty configurations and discuss the implications of the framework for theory and practice. (shrink)
Transoral laser microsurgery applies to the piecemeal removal of malignant tumours of the upper aerodigestive tract using the CO2 laser under the operating microscope. This method of surgery is being increasingly popularised as a single modality treatment of choice in early laryngeal cancers (T1 and T2) and occasionally in the more advanced forms of the disease (T3 and T4), predomi- nantly within the supraglottis. Thomas Kuhn, the American physicist turned philosopher and historian of science, coined the phrase ‘paradigm shift’ in (...) his groundbreaking book The Structure of Scientific Revolutions. He argued that the arrival of the new and often incompatible idea forms the core of a new paradigm, the birth of an entirely new way of thinking. This article discusses whether Steiner and col- leagues truly brought about a paradigm shift in oncological surgery. By rejecting the principle of en block resection and by replacing it with the belief that not only is it oncologically safe to cut through the substance of the tumour but in doing so one can actually achieve better results, Steiner was able to truly revolutionise the man- agement of laryngeal cancer. Even though within this article the repercussions of his insight are limited to the upper aerodigestive tract oncological surgery, his willingness to question other peoples’ dogma makes his contribution truly a genuine paradigm shift. (shrink)
The Protein Ontology (PRO; http://proconsortium.org) formally defines protein entities and explicitly represents their major forms and interrelations. Protein entities represented in PRO corresponding to single amino acid chains are categorized by level of specificity into family, gene, sequence and modification metaclasses, and there is a separate metaclass for protein complexes. All metaclasses also have organism-specific derivatives. PRO complements established sequence databases such as UniProtKB, and interoperates with other biomedical and biological ontologies such as the Gene Ontology (GO). PRO relates to (...) UniProtKB in that PRO’s organism-specific classes of proteins encoded by a specific gene correspond to entities documented in UniProtKB entries. PRO relates to the GO in that PRO’s representations of organism-specific protein complexes are subclasses of the organism-agnostic protein complex terms in the GO Cellular Component Ontology. The past few years have seen growth and changes to the PRO, as well as new points of access to the data and new applications of PRO in immunology and proteomics. Here we describe some of these developments. (shrink)
In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England. He provides important refelctions on the nature of law, and more particularly on the nature of customary and statute law, and on judicial interpretation.
Shelah, S., C. Laflamme and B. Hart, Models with second order properties V: A general principle, Annals of Pure and Applied Logic 64 169–194. We present a general framework for carrying out the construction in [2-10] and others of the same type. The unifying factor is a combinatorial principle which we present in terms of a game in which the first player challenges the second player to carry out constructions which would be much easier in a generic extension of (...) the universe, and the second player cheats with the aid of ♦. Section 1 contains an axiomatic framework suitable for the description of a number of related constructions, and the statement of the main theorem 1.9 in terms of this framework. In Section 2 we illustrate the use of our combinatorial principle. The proof of the main result is then carried out in Sections 3–5. (shrink)
What happens in a conversation between a committed Atheist and a committed Christian? While agreeing to disagree on almost every detail, Kai Nielsen, Chair of the Department of Philosophy, University of Calgary, and Hendrik Hart, Senior Member in Philosophy at the graduate Institute for Christian Studies, Toronto, agree that it is not fruitless.
We prove the Main Gap for the class of a -models (sufficiently saturated models) of an arbitrary stable 1-based theory T . We (i) prove a strong structure theorem for a -models, assuming NDOP, and (ii) roughly compute the number of a -models of T in any given cardinality. The analysis uses heavily group existence theorems in 1-based theories.
"Today our nation saw evil." - President George W. Bush, September 11th 2001 Evil! Like a zombie back from the grave, it has arisen--a word many of us had long ago relegated to Sunday sermons, video games and horror flicks. But of course, evil is not old fashioned, nor has it ever gone away, and may be as robust as ever. So what is evil? Does it exist? Veteran journalist Bill Hart tries to drag evil out of the darkness (...) and hold it up to the light. In doing so, he has written a very readable account of 5,000 years of philosophy, theology and human history as it reflects and refines its notion of evil. More than an explanation of why bad things happen, Evil: A Primer is a tour through the nether regions in search of what we really know. (shrink)
Most women in Western society seem to reach the menopause in their early fifties; the median age in this Aberdeen series being 50.1 years. As far as symptoms were concerned, only the vasomotor disorders, flushing and night sweats, were definitely correlated with the menopause.
This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
One of the earliest and best-known of Bentham's works, the Introduction to the Principles of Morals and Legislation sets out a profound and innovative philosophical argument. This definitive edition includes both the late H. L. A. Hart's classic essay on the work and a new introduction by F. Rosen.
In response to the critique of his work by William Sweet, Hendrik Hart first offers some terminological clarifications. The important difference between ‘faith’ and ‘belief’ is emphasized and his use of terms such as ‘religion,’ ‘knowledge,’ and ‘truth’ are explained. Hart then clarifies his approach to the Western philosophical tradition. He argues that Christian accommodation to philosophy and its idea of ‘reason’ as ultimate arbiter have hindered proper understanding of biblical faith. He finds support for his critique within (...) the philosophical tradition itself, particularly in the form of feminist and postmodern thought. In the end, he offers a vision of religious truth, encapsulated in Jesus’ proclamation, “I am the truth,” that is based upon the embodiment of God’s will and intent. (shrink)
In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.
Do the various ascriptions of “violence,” e.g., to rape, logical reasoning, racist legislation, unqualified statements, institutions of class and/or gender inequity, etc., mean something identically the same, something analogous, or equivocal and context-bound? This paper argues for both an analogous sense as well as an exemplary essence and finds support in Aristotle’s theory of anger as, as Sokolowski has put it, a form of moral annihilation, culminating in a level of rage that crosses a threshold. Here we adopt Sartre’s analysis (...) of the “threshold of violence” as indicating a basic “existential” possibility wherein persons may and do adopt a posture of anti-god. This has considerable symmetry with the mythic and theological figure in the Abrahamic religions who is called “Lucifer.” This personage, at a unique timeless moment, found himself empowered to assume the right to exercise an infinite will-act which tolerated no superior normative perspective. I argue that this mythic stance is a live option for persons. Further, modern day nation-state military preparedness, where nuclear weaponry is a major tool of foreign policy, is a way of putting on ice and holding in reserve, but button ready, the onto-logical madness of the Luciferian moment. (shrink)
Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, (...) and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)
To assess ethics pedagogy in science and engineering, we developed a new tool called the Engineering and Science Issues Test. ESIT measures moral judgment in a manner similar to the Defining Issues Test, second edition, but is built around technical dilemmas in science and engineering. We used a quasi-experimental approach with pre- and post-tests, and we compared the results to those of a control group with no overt ethics instruction. Our findings are that several stand-alone classes showed a significant improvement (...) compared to the control group when the metric includes multiple stages of moral development. We also found that the written test had a higher response rate and sensitivity to pedagogy than the electronic version. We do not find significant differences on pre- test scores with respect to age, education level, gender or political leanings, but we do on whether subjects were native English speakers. We did not find significant differences on pre- test scores based on whether subjects had previous ethics instruction; this could suggest a lack of a long-term effect from the instruction. (shrink)
In recent years there have been ever-growing concerns regarding environmental decline, causing some companies to focus on the implementation of environmentally friendly supply, production and distribution systems. Such concern may stem either from the set of beliefs and values of the company’s management or from certain pressure exerted by the market – consumers and institutions – in the belief that an environmentally respectful management policy will contribute to the transmission of a positive image of the company and its products. Sometimes, (...) however, ethics and market rules are not enough to deal with this situation and specific laws must be considered. This is the case when companies base their activity on the ‹ethics of self-interest’ concentrating their efforts on projecting an adequate image – e.g. environmental respect – rather than fundamentally behaving in environmentally respectful ways. This article, taking as reference the SME context, discusses the reasons for implementing environmentally friendly systems. Both ethics and business seem to be relevant and, therefore, a certain balance between market and interventionism seems to be necessary. (shrink)
In recent years there have been evergrowing concerns regarding environmental decline, causing some companies to focus on the implementation of environmentally friendly supply, production and distribution systems. Such concern may stem either from the set of beliefs and values of the company's management or from certain pressure exerted by the market - consumers and institutions - in the belief that an environmentally respectful management policy will contribute to the transmission of a positive image of the company and its products. Sometimes, (...) however, ethics and market rules are not enough to deal with this situation and specific laws must be considered. This is the case when companies base their activity on the 'ethics of self-interest' concentrating their efforts on projecting an adequate image - e.g. environmental respect - rather than fundamentally behaving in environmentally respectful ways. This article, taking as reference the SME context, discusses the reasons for implementing environmentally friendly systems. Both ethics and business seem to be relevant and, therefore, a certain balance between market and interventionism seems to be necessary. (shrink)
This essay critically engages the concept of transcendence in Charles Taylor's A Secular Age. I explore his definition of transcendence, its role in holding a modernity-inspired nihilism at bay, and how it is crucial to the Christian antihumanist argument that he makes. In the process, I show how the critical power of this analysis depends heavily and paradoxically on the Nietzschean antihumanism that he otherwise rejects. Through an account of what I describe as naturalistic Christianity, I argue that transcendence need (...) not be construed as supernatural, that all of the resources necessary for a meaningful life are immanent in the natural process, which includes the semiotic capacities of Homo sapiens. Finally, I triangulate Taylor's supernatural account of transcendence, naturalistic Christianity, and Dreyfus and Kelly's physis-based account of “going beyond” our normal normality in All Things Shining: Reading the Western Classics for Meaning in a Secular Age. (shrink)
The pigeonholing of Hutchison's methodology as positivist, ultra-empiricist or Popperian has militated against a full appreciation of his more complex position. In this as-verbatim-as-possible account of an afternoon's discussion with Hutchison, it is the directly personal manner in which we gain insights, rather than simply the insights themselves, that we hope will help towards a re-assessment. We learn of his non-positivist view that economics is an empirical-historical discipline distinct from the natural sciences; and his rejection of Popper's view that prediction (...) in economics can and should be based on laws like the law of gravity. We hear of his wariness of relying on the hypothetico-deductivist methods of Popper and later positivists in a subject such as economics, and his support instead for the methodological views of Jacob Viner and the inductive methods associated with the historically and institutionally detailed approaches of Cliffe Leslie, Wesley Clair Mitchell and Henry Phelps Brown. (shrink)