This book reveals and discusses the foundations of law and justice. Fifteen leading lawyers and philosophers of law, representing thirteen nations and fifteen different philosophical schools examine the value and purpose of law, and the nature and requirements of law and justice. Some of the world's most learned and provocative legal scholars address the ultimate questions of legal and social philosophy from all angles and the broadest possible perspective, with special reference to the work of Mortimer Newlin (...) class='Hi'>Stead Sellers, and the republican, liberal, and analytical schools of legal thought. The conclusions reached here are not fully unanimous, congruent or conclusive, but they represent the pinnacle of legal scholarship as it exists today and furnish the necessary basis for any future study of law, justice, or the ultimate requirements of just, effective and legitimate law and society. (shrink)

This book examines the role and importance of reason and emotion in justice and the law. Eight lawyers and philosophers of law consider law's basis in the universal human need for society, our innate sense of justice, and many other powerful inclinations and emotions, including the desire for fairness and even for law itself. Human beings are deeply social creatures, inspired by social and other emotions, which can ennoble, support, or undermine the law. Law gains legitimacy and effectiveness when reason (...) recognizes and embraces human emotions for the benefit of society as a whole. This volume explores the power and purposes of reason and emotion in the law. (shrink)

Niccolò Machiavelli is the father of modern constitutionalism. Constitutionalism began anew in the modern world with the study of the ancient republics and it was Machiavelli who inaugurated this revived science of politics. Five hundred years after the composition of Il Principe and the Discorsi we are still working out the implications of applying reason to the structures of law and government in pursuit of justice and the common good. Modern constitutionalism and ancient republicanism share three central beliefs: first, that (...) government should serve justice and the common good; second, that government should do so through known and stable laws; third, that these will best be secured through the checks and balances of a well-designed constitution. Machiavelli took the theories and experiences of republican Rome and applied them to his own era. This application of reason to constitutional design transformed the politics of emergent modernity and reconfigured government throughout the world. (shrink)

el derecho, la razón y la emoción tienen una larga, estrecha y complicada relación en la historia de la filosofía y de la justicia. Esta discusión sugiere que el derecho gana legitimidad y eficacia cuando une la razón con la emoción, que la razón y la emoción humana son los valores rectores de cualquier sistema jurídico justo, que todos los sistemas jurídicos dicen ser justos y que todos los sistemas jurídicos y todos los académicos del derecho hacen uso de estas (...) ideas, ya sea que las reconozcan o no. Este artículo busca aclarar los conceptos “derecho”, “razón”, “emoción”, “justicia”, “eficacia” y “Estado de derecho”, con el fin de comprender mejor cómo se relacionan entre ellos y así establecer la agenda para un mayor diálogo entre los mismos. Para lo anterior, el primer paso sería considerar cómo estas palabras han sido y deberían usarse para una mejor comprensión y un eventual mejoramiento del derecho y la sociedad. Razón y emoción son los pilares gemelos del derecho, que hacen que este último sea legítimo, justo y eficaz cuando se toman debidamente en cuenta. Nadie puede entender correctamente el derecho sin hacer referencia tanto a la emoción humana como al propósito con el que el derecho existe para servir, que es el bienestar racional de todos y cada uno de los miembros de la sociedad. (shrink)

Universal Human Rights brings new clarity to the important and highly contested concept of universal human rights. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement, and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an (...) otherwise divided world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Reciprocating Engine--Like ProustRoger ShattuckWould you buy a book called “How to Read a Book”? Only out of annoyance, I imagine. In the company of literary scholars, critics, and writers, we all think we know already how to read. Otherwise, we’d be professional charlatans. Still, in 1940 tens of thousands of people bought a book called How to Read a Book by Mortimer J. Adler. It stayed on (...) the best seller lists for several weeks. Adler wrote in an easy conversational style and promoted good books—even old ones. But he had the essentials wrong. He believed we should read the way a tyro tours an art museum: the tyro looks at the label before looking at the painting. Of course our whole educational system—K plus 12 plus 4 plus even more—inevitably follows this label-first method. I shall come back to the basic question of order of events in reading literature.On the basis of my own experience and of my investigations in recent years, I distinguish three kinds or levels of reading. We read for basic comprehension of words and sentences. We read for literary response to the parts and the whole of a work. And we read for the relations of the work to other works and to life itself. These tentative categories of reading do not represent sequential stages. Our response to language may resort to one or all of these three activities at any stage of learning.Formal reading begins with the basic association of written word with sounded word—with a notion in the mind—with some phenomenon in the world. Since most of us have forgotten how we learned those initial associations, we understand them probably from having helped a child to read. And in that gradual process we do not usually encounter the excitement that can occur when an illiterate older child or an illiterate [End Page 104] adult suddenly grasps the miracle of language. The exemplary case of Helen Keller concentrates into one incident at the water pump the revelation that comes to the rest of us over a period of weeks or months at a much earlier age. We should never forget one fundamental: the comprehension stage of reading is not an empty skill that can be acquired apart from meaningful content. In order to make sense of written language, we cannot just learn a mental trick of association but must also acquire much information about the world we live in.This first category of reading for comprehension is endlessly debated by all parties, including literary scholars and critics. Almost no one speaks of the third category: how to keep track of and make use of what we read over the years, both as professionals in the field of literature and as individuals seeking to shape a life out of our experience. I lifted the title of this panel from a remarkable essay on how to keep notes on one’s reading and how to set up and constantly revise a system of files both in order to give direction to one’s professional career and in order to constitute one’s character as a person. The essay “On Intellectual Craftsmanship” was written by C. Wright Mills as an appendix for The Sociological Imagination (1959). We all pick up procedures for keeping notes and files as we go along. But despite the number of methodology courses in graduate programs in literature, such basics are rarely discussed. Mills deserves much credit for raising a neglected subject essential for all writers. Intellectual craftsmanship will become even more challenging in the era of electronics and computers.Another great scholar a century earlier saw fit to speak of these basics near the end of his autobiography.I may mention that I keep from thirty to forty large portfolios, in cabinets with labelled shelves, into which I can at once put a detached reference or memorandum. I have bought many books and at their ends I make an index of all the facts that concern my work; or, if the book is not my own, write out a separate abstract, and of such abstracts I have a huge drawer... (shrink)

A symposium was held at the Centre for Research in the Arts, Social Sciences and Humanities at the University of Cambridge on June 12th 2019, ‘Rethinking Repetition in a Digital Age’, at which Geoff Stead, a leading mobile tech designer, was a keynote speaker. The focus of the Cambridge UK event was on how the potentials of digital technologies—whose harms have received widespread attention—could be redirected for the social good. For Stead, this is precisely what Babbel are doing (...) in their approach to commercial digital language learning. Stead spoke to the idea of reversing our personal relationships to mechanical affordances, and finding empowerment in understanding their designed logics. The transcript of the interview below, made in October 2021, revisits some of the main points he raised at that event. (shrink)

Managing ethical behavior is a one of the most pervasive and complex problems facing business organizations today. Employees' decisions to behave ethically or unethically are influenced by a myriad of individual and situational factors. Background, personality, decision history, managerial philosophy, and reinforcement are but a few of the factors which have been identified by researchers as determinants of employees' behavior when faced with ethical dilemmas. The literature related to ethical behavior is reviewed in this article, and a model for understanding (...) ethical behavior in business organizations is proposed. It is concluded that managing ethics in business organizations requires that managers engage in a concentrated effort which involves espousing ethics, behaving ethically, developing screening mechanisms, providing ethical training, creating ethics units and reinforcing ethical behavior. (shrink)

Preeminent psychoanalyst Mortimer Ostow believes that early childhood emotional attachments form the cognitive underpinnings of spiritual experience and religious motivation. His hypothesis, which is verifiable, relies on psychological and neurobiological evidence but is respectful of the human need for spiritual value. Ostow begins by classifying the three parts of the spiritual experience: awe, Spirituality proper, and mysticism. After he pinpoints the psychological origins of these feelings in infancy, he discusses the foundations of religious sentiment and practice and the brain (...) processes associated with spiritual experience. He then focuses on spirituality's relationship to mood regulation, and the role of negative spirituality in fostering religious fundamentalism and demonic possession. Ostow concludes with an analysis of an essay by the psychoanalyst Donald M. Marcus, who recounts his own spiritual experience during a Native American-style "vision quest" in the woods. Marcus's account demonstrates the constructive potential of spirituality and the way in which spirituality retrieves and recapitulates feelings of attachment to the mother. Persuasively and brilliantly argued, _Spirit, Mind, and Brain_ brings the disciplines of religion, behavorial neuroscience, and philosophy to bear on a groundbreaking new method for understanding religious ritual and belief. (shrink)

Informed consent may be seriously compromised if patients fail to understand the experimental nature of the trial in which they are participating. Using focus groups, the authors explored how prospective trial participants interpret and understand the science of clinical trials by using patient information sheets relative to their medical condition. An opportunity was provided to hear in the patients’ own words how they interpret the information and why there is variable understanding. Respondents struggled to comprehend the meaning and purpose of (...) concepts such as randomisation and double blinding, and found them threatening to their ideas of medical care. Suggestions are made about how to improve the national guidelines on written information for trial participants and pretesting of the information sheets is advocated. (shrink)

The study was prompted by (a) Frederick and Vogel's debate concerning future research in business and society, (b) such recently reported managerial excesses as golden parachutes, greenmail, and fraud, (c) the increasing emphasis on coursework in the area. It appears that there is a need to assess how students, our future business leaders, perceive social issues and if a business and society course can help them define and understand the importance of these issues.Three questions provided the focal point: (1) Which (...) issues do students perceive as most important before and after completing the course? (2) How much importance do students place on issues? (3) Does completing a business and society course make a significant difference in how students perceive the importance of the issues presented? (shrink)

Hobbes was an unusual Christian, and one that recognized the potential power of the Christian story to strengthen commonwealths. This chapter discusses the account of Christianity found in Leviathan, which was designed to replace contemporary versions with one that would promote stability and obedience within the state. Hobbes’s religious ideas, like his political philosophy, began from his understanding of human beings; he insisted that religious belief was natural to humans, stemmed from anxiety, and needed to be coordinated by a sovereign (...) to prevent strife. For Hobbes, Christianity was a particularly effective remedy for such anxiety, at least when interpreted along correct lines. The theology developed by Hobbes was original, but it probably drew on ideas circulating among his Anglican acquaintances; indeed in Leviathan we see these ideas being used for a very different purpose. As Hobbes’s acquaintances realized, at the center of Hobbes’s project in Leviathan lay an extremely heterodox theology which could enhance the state while destroying the independent authority of the Church. (shrink)

"poor Lear...""Well, well; the event."Let us begin, as the New Historicist Stephen Greenblatt does in his essay "Marlowe, Marx, and Anti-Semitism,"1 with a fantasy. Consider the highly unlikely scenario of a graduate student in English, well versed in the methods of psychoanalysis, Lacanian methods in particular, yet wholly unaware of the New Historicism and its occasional skirmishes with psychoanalytic reading. Then, what if this theoretical student somehow stumbled upon Greenblatt's famous phrase and formulation for the New Historicist ideal, The Touch (...) of The Real, which Greenblatt has used repeatedly in his writing on the New Historicism since 1997,2 without recognizing its context in Greenblatt and the New .. (shrink)

For the purposes of this paper, realism is defined as the belief that in visual perception there is a direct perception of material bodies existing in space external to the perceiver's body. Most contemporary positivists and analytical philosophers are realists in this sense. Included in this classification would be all those who argue from the character of seen relations of bodies to the uniformity view of causation; those who oppose public to private experience; those who believe that one can point (...) to facts; those who believe in the real existence of objects like extended solid tables and chairs; and those who distinguish in terms of verifiability between judgments of color and judgments of value. (shrink)

This article reviews the incredible growth of electronic commerce (e-commerce) and presents ethical issues that have emerged. Security concerns, spamming, Web sites that do not carry an "advertising" label, cybersquatters, online marketing to children, conflicts of interest, manufacturers competing with intermediaries online, and "dinosaurs" are discussed. The power of the Internet to spotlight issues is noted as a significant force in providing a kind of self-regulation that supports an ethical e-commerce environment.

The author's purpose "is to examine the concept of intuition and to determine what part, If any, It should play in christian philosophy." (staff).

This study is a fresh and original attempt to liberate the theory of criticism from the limitations of connoisseurship, and the assumptions of aesthetics from the difficulties and paradoxes of aesthetic relativism. It presents a picture of what rationality in the assessment of the arts would be like if one were expected to justify one's decisions in and about the arts. Kadish focuses upon the way in which competent and reasonable people express their differences, not upon the way they instruct (...) novices. Among good critics, the author proposes, differences are not managed as differences concerning matters of taste, nor would anyone presume otherwise were it not for a prior and gratuitous choice of a context of consumption for considering the arts. The author examines the hypothesis that differences of opinion in artistically relevant controversy are in a fundamental sense practical, that when critics of the arts differ seriously, proposals for the proper conduct of the arts and a procedure for interpretation of the arts are what is at issue. To understand the special logic of controversy in the arts Kadish compares that controversy with legally relevant and scientifically relevant controversies. Finally, the arts and criticism are found to be parts of a coherent enterprise the criteria of which are generated in an evolving practice, as are the criteria of law. This illuminating discourse is of continuing relevance to those interested in aesthetics. (shrink)

Yet the rest of us, although not significantly more knowing than they, profess to think we can actually make life decisions which genuinely good reasons will support.

Hesperides Press are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.