A programmatic excursus -- Marx's incomplete quest -- The works of Hegel that Marx knew -- Marx's mis-reading of Hegel -- Marx's method.

This Essay examines debates surrounding Qu Tongzu's ‘Confucianization of law’ theory. Qu's theory claims that Chinese law underwent a process of ‘Confucianization’ starting in the Han dynasty (202 BC–220 AD) and ending and culminating in the Tang dynasty (618–907), where the Confucian concept of li and other Confucian moral teachings were introduced and incorporated into the written law. I argue that Qu's theory should be properly characterised as a theory of descriptive jurisprudence and also a form of the mirror thesis. (...) In light of this characterisation, this Essay then lays out the possible counterarguments that could be raised against Qu's theory and then situates existing scholarship in the debate in these categories. I then test Qu's theory using a case study about kinship concealment in traditional Chinese law The Essay then concludes by urging that the debate should include more jurisprudential approaches. (shrink)

Ludwig Wittgenstein, who died in Cambridge in 1951, is one of the most powerful influences on contemporary philosophy, yet he shunned publicity and was essentially a private man. His friend Norman Malcolm (himself an eminent philosopher) wrote this remarkably vivid personal memoir ofWittgenstein, which was published in 1958 and was immediately recognized as a moving and truthful portrait of this gifted, difficult man.This edition includes also the complete text of the fifty-seven letters which Wittgenstein wrote to Malcolm over a (...) period of eleven years. Apart from the quotations in the Memoir these letters are previously unpublished. They reveal how much friendships mattered to Wittgenstein, and how concerned hewas for the health and well-being of his friends. His human qualities become evident; he advises, warns, jokes. and is grateful and affectionate.The volume also features a concise biographical sketch by another leading philosopher who was a friend of Wittgenstein, Georg Henrik von Wright.Much has been published about Wittgenstein since his death, but nothing brings us closer to the man himself than this modest classic of philosophical biography. (shrink)

“Marx did not reject the idea of a human nature. He was right not to do so.” That is the conclusion of this passionate and polemical new work by Norman Geras. In it, he places the sixth of Marx’s Theses on Feuerbach under rigorous scrutiny. He argues that this ambiguous statement—widely cited as evidence that Marx broke with all conceptions of human nature in 1845—must be read in the context of Marx’s work as a whole. His later writings are (...) informed by an idea of a specifically human nature that fulfills both explanatory and normative functions. The belief that Marx’s historical materialism entailed a denial of the conception of human nature is, Geras writes, “an old fixation, which the Althusserian influence in this matter has fed upon … Because this fixation still exists and is misguided, it is still necessary to challenge it.” One hundred years after Marx’s death, this timely essay—combining the strengths of analytical philosophy and classical Marxism—rediscovers a central part of his heritage. (shrink)

We first describe how the concept of “fringe consciousness” can characterise gradations of consciousness between the extremes of implicit and explicit learning. We then show that the NEO-PI-R personality measure of openness to feelings, chosen to reflect the ability to introspect on fringe feelings, influences both learning and awareness in the serial reaction time task under conditions that have previously been associated with implicit learning . This provides empirical evidence for the proposed phenomenology and functional role of fringe consciousness in (...) so-called implicit learning paradigms . Introducing an individual difference variable also helped to identify possible limitations of the exclusion task as a measure of conscious sequence knowledge. Further exploration of individual differences in fringe awareness may help to avoid polarity in the implicit learning debate, and to resolve apparent inconsistencies between previous SRT studies. (shrink)

Some people will confront Alzheimer's with a measure of resignation, a determination to struggle against the progressive debilitation and to extract whatever comforts and benefits they can from their remaining existence. They are entitled to pursue that resolute path. For other people, like myself, protracted maintenance during progressive cognitive dysfunction and helplessness is an intolerably degrading prospect. The critical question for those of us seeking to avoid protracted dementia is how best to accomplish that objective.One strategy is to engineer one's (...) own death while still mentally competent to do so (even in the stage of mild dementia). If I were to use a preemptive strategy in the face of a dementia diagnosis, I would probably choose to stop eating and drinking, a process known as voluntarily stopping eating and drinking. An alternative tactic for avoiding prolonged dementia would be to allow oneself to decline into moderate dementia—thus losing capacity to perform self‐deliverance or even to make serious medical decisions—but before getting to that point to provide advance instructions rejecting prospective life‐sustaining medical interventions. These advance instructions would authorize palliative but not curative measures. My current personal instructions define the point of intolerable cognitive decline triggering medical nonintervention as “mental deterioration to a point when I can no longer read and understand written material such as a newspaper or financial records such as a checkbook.” These instructions dictate allowing my demise at a point of moderate dementia when I may not be perceptibly suffering, when I may still be getting some rudimentary satisfaction from my debilitated life, and when I no longer recall the preoccupation with personally intolerable indignity that motivated my instructions. Can I expect that my advance instructions will be implemented in those circumstances? Is it lawful, and is it moral for a surrogate decision‐maker and associated caregivers to allow an uncomprehending, ostensibly content but demented individual to die? My analysis herein contends that it is not only lawful and moral but also legally required to implement clear, considered advance instructions even at a stage of moderate dementia. (shrink)

Leibniz, Husserl and the Brain is about the structural relations between phenomenological and neurophysiological aspects of perception, consciousness and time. Its focus lies with auditory perception, since nearly all perceived qualities in hearing - such as pitch, rhythm and the localization or origin of a sound - are most intimately related to temporal patterns and regularities. Here striking analogies are shown between the structural features of perceptual states, as dealt with in philosophical phenomenology, and of their physical counterparts, as dealt (...) with in neurophysiology. Accordingly, the comprehensive and consolidating references to the work of Leibniz and Husserl are not for philological reasons, but, rather, to work towards philosophical orientation in a conceptual maze. They allow for a fresh view on several issues in contemporary philosophy of mind and also in psychophysics - in particular, on the transition from unconscious to conscious states and on the constitution of time consciousness. (shrink)

Vers 1918 Hermann Weyl abandonnait le logicisme et donc la tentative de réduire les mathématiques à la logique et la théorie des ensembles. Au niveau philosophique, ses points de référence furent ensuite Husserl et Fichte. Dans les années 1920 il distingua leurs positions, entre une direction intuitionniste-phénoménologique d’un côté, et formaliste-constructiviste de l’autre. Peu après Weyl, Oskar Becker adopta une distinction similaire. Mais à la différence du phénoménologue Becker, Weyl considérait l’approche active du constructivisme de Fichte comme supérieure à la (...) vision d’essences passive de Husserl. Dans cet essai, je montre ce développement dans la pensée de Weyl. Bien que certains points dans sa réception de Husserl et Fichte ne soient pas soutenables, je vais argumenter en faveur de la distinction fondamentale mentionnée ci-dessus. (shrink)

In “Sweatshops and Respect for Persons” we argued on Kantian grounds that managers of multinational enterprises (MNEs) have the following duties: to adhere to local labor laws, to refrain from coercion, to meet minimum health and safety standards, and to pay workers a living wage. In their commentary on our paper Sollars and Englander challenge some of our conclusions. We argue here that several of their criticisms are based on an inaccurate reading of our paper, and that none of the (...) remaining criticisms successfully challenge our main arguments. By highlighting the shortcomings of their arguments we hope to advance discussion of the ethical treatment of workers in global supply chains. (shrink)

Independently of any eighteenth century work on the geometry of parallels, Thomas Reid discovered the non-euclidean "geometry of visibles" in 1764. Reid's construction uses an idealized eye, incapable of making distance discriminations, to specify operationally a two dimensional visible space and a set of objects, the visibles. Reid offers sample theorems for his doubly elliptical geometry and proposes a natural model, the surface of the sphere. His construction draws on eighteenth century theory of vision for some of its technical features (...) and is motivated by Reid's desire to defend realism against Berkeley's idealist treatment of visual space. (shrink)

Agency theory involves what is known as the principal-agent problem, a topic widely discussed in economics, management, and business ethics today. It is a characteristic of nearly all modern business firms that the principals (the owners and shareholders) are not the same people as the agents (the managers who run the firms for the principals). This creates situations in which the goals of the principals may not be the same as the agents--the principals will want growth in profits and stock (...) price, while agents may want growth in salaries and positions in the hierarchy. The fourth volume in the Ruffin Series in Business, this book explores the ethical consequences of agency theory through contributions by ethicists, economists, and management theorists. (shrink)

Obwohl es "die Zeit" nicht gibt, ordnet sich doch alles, was wir erleben, zeitlich. Auch die großen Schlagworte unserer Tage betreffen allesamt von zeitlichen Herausforderungen: Nachhaltigkeit, Resilienz, Transformation, Zeitenwende. Dieses Buch handelt davon, was Zeitliches ausmacht, warum sich die Wirklichkeit zeitlich ordnet und was das mit der wechselseitigen Taktung von Ereignissen und Autonomieerfahrungen zu tun hat. Es werden Missverständnisse aufgelöst, indem aufgezeigt wird, inwiefern es "die Zeit" nicht gibt, es oftmals sogar leidvolle bis hin zu pathologischen Konsequenzen mit sich bringt, (...) wenn Zeit als Gegenstand oder Ressource betrachtet wird. Es ist ein Buch über den Vergleich von Abläufen und darüber, was es bedeutet, wenn Ereignisse miteinander im Takt sind, und wie sie durch Wiederholung und Variation Bedeutung gewinnen und damit "intakt" wirken. Musik und vor allem das Hören dienen als Modelle, um diese allgemeinen zeitlichen Struktureigenschaften der Wirklichkeit begrifflich anklingen zu lassen. Darüber hinaus regen Hyperlinks zu konkreten Hörbeispielen dazu an, sich direkt auch auf besondere Erfahrungen von Zeit einzulassen. - Ein Buch für all diejenigen, die Grundlegendes über Zeit nicht nur lesen wollen, sondern sich im Idealfall auch für einen taktvollen Umgang mit Zeit motivieren lassen möchten. (shrink)

As children in elementary school we were taught to recite the alphabet in order: “Aay, Bee, See, Dee, Eii, Eff, Ghee, Aaych, …, Why and Zee”. There is nothing natural about this particular ordering: it is strictly a matter of convention. (When and where it was settled upon I haven’t the remotest notion.) Then, having mastered the ordering, we were taught to apply that knowledge to alphabetize lists of words. The procedure is surprisingly complex, and its mastery by mere eight-year (...) olds attests to the elevated intellectual capacities of human beings. One merely has to try to write down the procedure in a flow chart to see how complex it truly is. In any event, most of us probably emerged from the exercise of learning to use a dictionary believing that we knew all there is to know about alphabetizing. If only that were all there is to it. The trouble is that our third-grade teachers had not reckoned on our having to program computers to alphabetize.. (shrink)

[1] The venerable question "Why is there anything (rather than nothing) at all?" has become particularly topical after a long absence from the philosophical scene. In 1981, it elicited a novel, and rather startling, response from Robert Nozick (Nozick 1981: 115-64). Since then, it has received steady attention from a number of astrophysicists, in particular, those promoting one version or another of an Anthropic Principle (see e.g. Barrow et al. 1986). [2] In the midst of this activity, a small volume (...) by Nicholas Rescher has appeared, The Riddle of Existence . In it, Rescher echoes approvingly Heidegger's claim that this is `the most fundamental question of metaphysics' and accordingly undertakes (what he has described privately.. (shrink)

In November 2018, Dr. He Jiankui announced the birth of two baby girls born through the use of in vitro fertilization technology and the use of the gene-editing tool CRISPR-Cas9. There has been nigh uniform international condemnation of the clinical trial for violating international norms governing genomic research, especially research in human embryos that has implications for the germline. At issue also is the question whether the parents and the clinical research team harmed, and therefore wronged, the two girls. Here (...) this question is engaged through application of the reasoning Derek Parfit has provided on the non-identity problem. One concludes that on this reasoning the parents are not morally culpable on that argument, although there is other reasoning that is to be considered to resist the Parfitian conclusion. (shrink)

Marcus J. is a mathematician extraordinaire. Because it is no longer politically correct to use ivory, the tower in which he is hermetically sealed is made of recycled plastics. In his tower, walled off from the rest of the world, he pursues mathematics. Having started out modestly with theorizing that flipping two coins will yield two heads with a probability of 25%, he has lately gone on to more ambitious projects. Most recently he has published a paper, earning wide acclaim, (...) in which he has theorized that, since there are exactly four possible pairings (female-female; male-male; female-male; and male-female) of adult human beings, there is, then, a 25% probability that a household is headed by two women; a 25% probability that a household is headed by two men; and a 50% probability that a household is headed by one man and one woman. (shrink)

Chapter i The study of moral judgement The contemporary scene We are witnessing today a dramatic growth of interest in the processes of giving moral ...

Abstract:The literature contains many recommendations, both explicit and implicit, that suggest how an ethics program ought to be designed. While we recognize the contributions of these works, we also note that these recommendations are typically based on either social scientific theory or data and as a result they tend to discount the moral aspects of ethics programs. To contrast and complement these approaches, we refer to a theory of the right to identify the characteristics of an effective ethics program. We (...) draw from Kant’s ethical theory to identify three guiding principles of a moral ethics program and then apply those principles to the specific components of ethics programs as discussed in the Federal Sentencing Guidelines. Doing so provides insights as to how an ethics program ought to be designed from a moral point of view and sparks discussion of the moral aspects of ethics programs. (shrink)

At a time when interest in the Wittgensteinian tradition has quickened, this volume brings together fourteen essays by Norman Malcolm, a prominent philosopher ...

Some years ago Ed Freeman and William Evan wrote an article offering a Kantian stakeholder theory of corporate responsibility. Ed was kind enough to allow Tom Beauchamp and me to publish that previously unpublished piece in the second edition of Ethical Theory and Business. That article has appeared in every subsequent edition. But a Kantian theory of stakeholder relationships is not, I believe, a complete Kantian theory of the modem corporation. I believe Ed originally intended to expand that paper into (...) a larger project but Ed’s philosophical interest in pragmatism has distanced him from Kantianism and his writings in stakeholder theory have gone in a different direction. Indeed in this postmodem feminist anti-foundationalist age, Kant is very much out of fashion. Since I am always out of fashion I had no trouble promising Ed I would complete the Kantian piece of the project. This essay is the condensed version and a partial fulfillment of my promise. A Kantian always keeps his promises. (shrink)

Fenton et al. present a Bayesian‐network analysis of the case, using their previously developed set of building blocks (‘idioms’). They claim that these idioms, combined with their opportunity‐based method for estimating the prior probability of guilt, reduce the subjectivity of their analysis. Although their Bayesian model is less cognitively feasible than scenario‐ or argumentation‐based models, they claim that it does model the standard approach to legal proof, which is to continually revise beliefs under new evidence.

Although BEQ is celebrating its tenth anniversary, business ethics is considerably older than that. Business ethics has been a staple of Catholic thinking on business for most of this century at least. For most philosophers, however, business ethics is about twenty-five years old. Philosophers became active in the field in the mid-1970s. I have chosen as my topic for this essay the role that the discipline of philosophy could play in the future.

: The "dead donor rule" is increasingly under attack for several reasons. First, there has long been disagreement about whether there is a correct or coherent definition of "death." Second, it has long been clear that the concept and ascertainment of "brain death" is medically flawed. Third, the requirement stands in the way of improving organ supply by prohibiting organ removal from patients who have little to lose—e.g., infants with anencephaly—and from patients who ardently want to donate while still alive—e.g., (...) patients in a permanent vegetative state. One argument against abandoning the dead donor rule has been that the rule is important to the general public. There is now data suggesting that this assumption also may be flawed. These findings add additional weight to proposals to abandon the dead donor rule so that organ supply can be expanded in a way that is consistent with traditional notions of ethics, law, public policy, and public opinion. (shrink)

In his book The View from Nowhere , Thomas Nagel says that ‘the subjectivity of consciousness is an irreducible feature of reality’ . He speaks of ‘the essential subjectivity of the mental’ , and of ‘the mind's irreducibly subjective character’ . ‘Mental concepts’, he says, refer to ‘subjective points of view and their modifications’ : The subjective features of conscious mental processes—as opposed to their physical causes and effects—cannot be captured by the purified form of thought suitable for dealing with (...) the physical world that underlines the appearances. Not only raw feels but also intentional mental states—however objective their content—must be capable of manifesting themselves in subjective form to be in the mind at all. (shrink)