Hacker, P. M. S. Hart's philosophy of law.--Baker, G. P. Defeasibility and meaning.--Dworkin, R. M. No right answer?-Lucas, J. R. The phenomenon of law.--Honoré, A. M. Real laws.--Summers, R. S. Naïve instrumentalism and the law.--Marshall, G. Positivism, adjudication, and democracy.--Cross, R. The House of Lords and the rules of precedent.--Kenny, A. J. P. Intention and mens rea in murder.--Mackie, J. L. The grounds of responsibility.--MacCormick, D. N. Rights in legislation.--Raz, J. Promises and obligations.--Foot, P. R. Approval and disapproval.--Finnis, J. (...) M. Scepticism, self-refutation, and the good of truth.--Barry, B. M. Justice between generations.--Feinberg, J. Harm and self-interest. (shrink)
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.
The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer (...) and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)
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)
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.
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.
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)
OBJECTIVE: Questions have been posed about the competence of persons with serious mental illness to consent to participate in clinical research. This study compared competence-related abilities of hospitalized persons with schizophrenia with those of a comparison sample of persons from the community who had never had a psychiatric hospitalization. METHODS: The study participants were administered the MacArthur Competence Assessment Tool for Clinical Research (MacCAT-CR), a structured instrument designed to aid in the assessment of competence to consent to clinical research. The (...) scores of 27 persons who met DSM-IV criteria for schizophrenia who were long-stay patients on a state hospital research ward were compared with those of 24 individuals from the community who were of similar age, gender, race, and socioeconomic status. RESULTS: Significant differences were found between the patients and the community sample on three measures of competence-related abilities: understanding, reasoning, and appreciation. Degree of psychopathology and cognitive functioning were significantly negatively correlated with understanding and appreciation among the patients with schizophrenia. Length of hospitalization was significantly negatively correlated with all measures of decision-making capacities. CONCLUSIONS: The generally poor performance of the long-stay patients with chronic schizophrenia highlights the difficulties this group is likely to encounter in providing consent to research. However, variation across the sample points to the need for individualized assessment and for validated techniques for facilitating decision making in the face of decisional impairments. (shrink)
"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)
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 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.
Fourteen philosophers share their experience teaching Peirce to undergraduates in a variety of settings and a variety of courses. The latter include introductory philosophy courses as well as upper-level courses in American philosophy, philosophy of religion, logic, philosophy of science, medieval philosophy, semiotics, metaphysics, etc., and even an upper-level course devoted entirely to Peirce. The project originates in a session devoted to teaching Peirce held at the 2007 annual meeting of the Society for the Advancement of American Philosophy. The session, (...) organized by James Campbell and Richard Hart, was co-sponsored by the American Association of Philosophy Teachers. (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)
This paper considers an approach to teaching ethics in bioengineering based on the How People Learn (HPL) framework. Curricula based on this framework have been effective in mathematics and science instruction from the kindergarten to the college levels. This framework is well suited to teaching bioengineering ethics because it helps learners develop “adaptive expertise”. Adaptive expertise refers to the ability to use knowledge and experience in a domain to learn in unanticipated situations. It differs from routine expertise, which requires using (...) knowledge appropriately to solve routine problems. Adaptive expertise is an important educational objective for bioengineers because the regulations and knowledge base in the discipline are likely to change significantly over the course of their careers. This study compares the performance of undergraduate bioengineering students who learned about ethics for stem cell research using the HPL method of instruction to the performance of students who learned following a standard lecture sequence. Both groups learned the factual material equally well, but the HPL group was more prepared to act adaptively when presented with a novel situation. (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)
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)
The person arguably most responsible for the view of Hutchison as the positivist who introduced positivism into economics was Frank Knight. I argue that Knight in 1940 failed to demonstrate that Hutchison was a positivist, at least in the narrow logical positivist sense of the term. By questioning Knight's charge, I aim to challenge the conventional wisdom that identifies?Hutchison? with?positivism?. The paper is then a first step in the argument that positivism, even in 1938, played only an inessential role in (...) a consistent methodological position that Hutchison developed alongside his work in the history of economic thought. (shrink)
Terence Hutchison's 1938 essay has been variously interpreted as introducing positivism, ultra?empiricism and Popperian falsificationism into economics. This paper argues that such interpretations are unfair and inaccurate. Moreover, they distract from his central message. The paper is divided into three main sections. The first seeks to demonstrate the extent to which Hutchison's essay differs from these previous interpretations. The second argues that Hutchison's central concern was to highlight and demonstrate the inadequacies of the traditional deductive method of?classical? economics. The third (...) contends that Hutchison is best interpreted as following in a long line of British empiricists and outlines some features of the?empirical?inductive? approach that he supports. (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)