This book is based on Professor Franck's highly acclaimed Hague Academy General Course. In it he offers a compelling view of the future of international legal reasoning and legal theory. The author offers a critical analysis of the prescriptive norms and institutions of modern international law and argues that international law has the capacity to advance, in practice, the abstract social values shared by the community of states and persons. This book is both thought-provoking and original and as such (...) is essential reading for students of international law and legal theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 123 become the origin of the norms of moral freedom and the formal origin of the laws os nature. The totality of the world may be interpreted in terms of the homo noumenon, or in terms of a totality of values, in terms of feeling or as the historical stream of experience. The interrelationship between the various aspects of reality is misconstrued by humanism when the modal (...) laws of the world are absolutized, and a single aspect is made the basic denominator of reality. The neo-Augustinian philosophy of Dooyeweerd recognizes the priority of faith and would unmask the alleged neutrality of theoretical reason as a dogma concealing the religious foundations of theoretical thought. The Archimedean point of Dooyeweerd's philosophy is not cogito ergo sum, nor vivo in [luxu continuo, etiam cogitans, but it is rather: Ego, in Christo regeneratus, etiam cogitans ex Christo vivo. The heart in its Biblical sense is the religious root and center of human existence, the center in which our temporal functions find their religious concentration and consummation of meaning. The Christian philosopher finds the ultimate origin of the world in God's sovereign and creative will, out of which originate all laws, and all things which are subject to law. The Christian philosopher finds the coherence of the modal diversity of the cosmos in a divine world order. The unity of the world is not a construction of philosophical thought, but is rather an enduring effect of God's sovereign power, so that each mode, each aspect of the cosmos is under divine law. Every aspect of the world is a sphere of law, sovereign under God in its own domain. God's laws constitute the universal valid determination and limitation of the individual things subject to them. Consequently, the Christian philosopher cannot hold to a theoretical conception of reality which is emancipated from the Biblical motive of creation, for all such conceptions are at least partially dominated by apostate religious motives. Nash does not attempt to refute Dooyeweerd's main thesis concerning the impossibility of a religiously neutral philosophy; however, his critical remarks do point out that more argumentation is needed in defense of that thesis, and that the introduction of a new terminology, shifts in the meaning of traditional terms, as well as vagueness and ambiguity, necessitate further elaboration on the part of Dooyeweerd and the members of his School. Nash's work successfully accomplishes a two-fold purpose: it calls attention to an important development within the Augustinian tradition of philosophy, and it raises issues which cannot be ignored by members of Dooyeweerd's own school as well as by philosophers who are self-critical of their own presuppositions. Nash's book deserves careful attention and it is to be hoped that it will direct the serious reader to a study of Dooyeweerd's own works and that it will stimulate others to take part in the critical study of a system of thought which "gives important and exciting direction to present and future thought and action and is, in the fullest sense of the word, a Christian Philosophy and a great one." DAWD H. FREEMAN University of Rhode Island Husserl et la pensde moderne--Husserl und das Denken der Neuzeit. Edited by H. L. Van Breda and J. Taminiaux. (The Hague: Martinus Nijhoff, 1959. Pp. x + 250.) This volume contains papers which were read at the Second International Colloquium on Phenomenology which was held at Krefeld in Germany, November 1-3, 1956, under the auspices of the Husserl Archives of Louvain and Cologne. Though the names which 124 HISTORY OF PHILOSOPHY appear in this volume are among the leading figures in European phenomenology, the content of the volume itself is somewhat disappointing. The editors note that the discussion of these papers was prolonged and lively but they regret that it was impossible to record and publish this part of the Colloquium. The reader of this volume can but share the regret of the editors in this case since many of the papers are but rough drafts, clearly meant to pose questions and lead into discussion and, of themselves, contain very little in the way of new or... (shrink)

This collection addresses a post-WWII shift in the hierarchy of scientific explanations, where the highest goal moves from reductionism towards some ...

For the theorists of crisis, the revolutionary state comes into existence through violence, and due to its inability to provide an authoritative katechon (restrainer) against internal and external violence, it perpetuates violence until it self-destructs. Writing during extreme economic depression and growing social and political violence, the crisis theorists––Joseph de Maistre, Juan Donoso Cortés, and Carl Schmitt––each sought to blame the chaos of their time upon the Janus-faced postrevolutionary ideals of liberalism and socialism by urging a return to pre-revolutionary moral (...) and religious values. They are united by three counterrevolutionary principles, all of which are purported to remedy revolutionary violence: traditional constitutional fidelity, the philosophy of the decision, and opposition to bourgeois liberalism. This essay is followed by the first complete English translation and publication of Donoso’s letter of October 24, 1851, which contains Donoso’s only reference to the “discussing class,” a political entity later popularized by Schmitt in his 1922 work Political Theology. (shrink)

The United States Court of Appeals for the First Circuit recently upheld a United States District Court for the District of Maine Judge's decision to dismiss a Maine plaintiff's medical malpractice claim against a Massachusetts hospital defendant for want of personal jurisdiction over the hospital. The Court of Appeals found it unreasonable to hale hospitals into an out-of-state court merely because they accept out-of-state patients.Plaintiff Danielle Harlow is a Maine resident who suffered a stroke at the age of six while (...) undergoing a medical procedure at Children's Hospital of Boston, Massachusetts. The stroke, allegedly caused by the Hospital's negligence, led to brain damage resulting in partial paralysis and cognitive and behavioral impairments. The procedure was supposed to treat Harlow's rapid heartbeat, a condition related to her Wolff-Parkinson-White Syndrome. Harlow's pediatrician in Maine recommended that she visit Children's Hospital in Boston to treat her arrhythmia. (shrink)

In much of the current academic and public discussion, conspiracy theories are portrayed as a negative phenomenon, linked to misinformation, mistrust in experts and institutions, and political propaganda. Rather surprisingly, however, philosophers working on this topic have been reluctant to incorporate a negatively evaluative aspect when either analyzing or engineering the concept conspiracy theory. In this paper, we present empirical data on the nature of the concept conspiracy theory from five studies designed to test the existence, prevalence and exact form (...) of an evaluative dimension to the ordinary concept conspiracy theory. These results reveal that, while there is a descriptive concept of conspiracy theory, the predominant use of conspiracy theory is deeply evaluative, encoding information about epistemic deficiency and often also derogatory and disparaging information. On the basis of these results, we present a new strategy for engineering conspiracy theory to promote theoretical investigations and institutional discussions of this phenomenon. We argue for engineering conspiracy theory to encode an epistemic evaluation, and to introduce a descriptive expression—such as ‘conspiratorial explanation’—to refer to the purely descriptive concept conspiracy theory. (shrink)

The study of landscape and place has become an increasingly fertile realm of inquiry in the humanities and social sciences. In this new book of essays, selected from presentations at the first annual meeting of the Society for Philosophy and Geography, scholars investigate the experiences and meanings that inscribe urban and suburban landscapes. Gary Backhaus and John Murungi bring philosophy and geography into a dialogue with a host of other disciplines to explore a fundamental dialectic: while our collective and personal (...) activity modifies the landscape, in turn, the landscape modifies human identities, and social and environmental relations. Whether proposing a peripatetic politics, conducting a sociological analysis of building security systems, or critically examining the formation of New York City's municipal parks, each essay sheds distinctive light on this fascinating and engaging aspect of contemporary environmental studies. (shrink)

Bioethics has paid surprisingly little attention to the special problems faced by women and to feminist analyses of current health care issues other than ...

Arguably no concept is more fundamental to science than that of causality, for investigations into cases of existence, persistence, and change in the natural world are largely investigations into the causes of these phenomena. Yet the metaphysics and epistemology of causality remain unclear. For example, the ontological categories of the causal relata have been taken to be objects (Hume 1739), events (Davidson 1967), properties (Armstrong 1978), processes (Salmon 1984), variables (Hitchcock 1993), and facts (Mellor 1995). (For convenience, causes and effects (...) will usually be understood as events in what follows.) Complicating matters, causal relations may be singular (Socrates’s drinking hemlock caused Socrates’s death) or general (Drinking hemlock causes death); hence the relata might be tokens (e.g., instances of properties) or types (e.g., types of events) of the category in question. Other questions up for grabs are: Are singular causes metaphysically and/or epistemologically prior to general causes or vice versa (or neither)? What grounds the intuitive asymmetry of the causal relation? Are macro-causal relations reducible to micro-causal relations? And perhaps most importantly: Are causal facts (e.g., the holding of causal relations) reducible to non-causal facts (e.g., the holding of certain spatiotemporal relations)? (shrink)

In this paper I argue that both defence and criticism of the claim that humans act ‘under the guise of the good’ neglects the metaphysical roots of the theory. I begin with an overview of the theory and its modern commentators, with critics noting the apparent possibility of acting against the good, and supporters claiming that such actions are instances of error. These debates reduce the ‘guise of the good’ to a claim about intention and moral action, and in so (...) doing have become divorced from the theory's roots in classical and medieval philosophy. Aristotle and Aquinas’ ‘guise of the good’ is primarily a metaphysical claim resting on the equivalence between actuality and goodness, from which conclusions about moral action are derived. I show the reasoning behind their theory and how it forms the basis for the claims about intention and action at the centre of the modern debate. Finally, I argue that the absence of its original foundation is apparent in recent attacks on the ‘guise of the good’. It is unsurprising that modern action theory and ethics have not always been able to comfortably accommodate the ‘guise of the good’; they are only telling half of the story. (shrink)

This volume provides a philosophical introduction to and analysis of the study of metaphor. By proceeding from the concrete analysis of complex metaphors, White is able to identify a range of features which are incompatible with standard accounts of the way words function in metaphor.