L’objet de la présente recherche est d’interroger les mérites de la théorie utilitariste relative aux faillites personnelles, qui est dominante dans la littérature juridique depuis que le courant Law and Economics a gagné en importance. Nous démontrons que l’argumentation utilitariste, qui est assignée aux doctrines de l’acquittement des dettes personnelles par les spécialistes de Law and Economics travaillant dans le domaine du droit des faillites, soulève des questions normatives de taille et créée des tensions quand il s’agit de décrire le (...) phénomène. Ces deux problèmes invitent les théoriciens à proposer des modèles alternatifs pour décrire les conditions dans lesquelles nos systèmes juridiques soulagent les dettes des individus qui ne sont pas en mesure de les honorer. Dans notre ouvrage à paraître, The Virtue of Bankruptcy, nous embrassons ce projet. Ici, nous proposons une étape préliminaire à ce projet plus ambitieux en démontrant que les théories utilitaristes sur lesquelles s’appuient les contributions les plus importantes de la littérature sur la question à ce jour sont perfectibles lorsqu’il s’agit de comprendre les raisons et les circonstances dans lesquelles il est possible d’offrir un nouveau départ à ceux qui n’ont pas respecté leurs obligations financières. (shrink)

This essay champions the idea of substances, understood as things that can exist by themselves. I argue that this idea has a valuable role to play in present-day philosophy, in explaining what makes object-like things object-like, and an important place in the history of philosophy, from its roots in Aristotle to its full expression in Descartes. Both claims are unusual. For philosophers tend to regard the idea of something that could exist by itself as incoherent, and this has encouraged the (...) view that it will be useless to present-day philosophers and that it cannot charitably be attributed to Descartes. I argue that the charge of incoherence rests on a misunderstanding. I also address various other objections to the idea of substances as things that can exist by themselves. (shrink)

It has long been disputed whether Kant's transcendental idealism requires two worlds ? one of appearances and one of things in themselves ? or only one. The one-world view must be wrong if it claims that individual spatio-temporal things can be identified with particular things in themselves, and if it fails to take seriously the doctrine of double affection; versions that insist on one world, without making claims about the identity of individual things, cannot say in what way the world (...) as we know it and the world of things in themselves can be ?the same?. The two-world view must be wrong if it denies Kant's empirical realism, or offers a phenomenalist interpretation of it. On moral grounds Kant ?identifies? each human person with a particular thing in itself, but the relationship here cannot be strict identity; instead its closeness may warrant regarding the two distinct entities as part of a composite whole. Perhaps up to the first edition of the Critique, Kant thought that empirical knowledge required a particular kind of close correspondence between appearances and things in themselves, one that would make it appropriate to speak of composite wholes here also. By the time of the second edition, he saw that there could be no good grounds for thinking that. In this respect something a bit like the one-world theory might make more sense for the first edition than for the second; but in both cases there is room to speak of two worlds as well. Talk of the number of worlds is metaphorical, and both metaphors have their dangers. (shrink)

This is a reply to Mark Johnston's paper "The Authority of Affect", Philosophy and Phenomenological Research (2001).

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

Philosophers have long distinguished between practical and theoretical rationality. The first section of this chapter begins by discussing the ways in which this distinction was drawn by Aristotle and Kant; then it sketches what seems to be the general consensus today about how, at least roughly, the distinction should be drawn. The rest of this chapter explores what practical and theoretical rationality have in common: in the second section, several parallels between practical and theoretical rationality are outlined, and it is (...) argued that these parallels make it plausible that a unifying account of rationality can be given. Finally, in the third section, a number of such unifying accounts of practical and theoretical rationality are surveyed. These include accounts that are inspired in various ways by Hume and by the results of formal decision theory, as well as views that appeal to reasons and to the distinctive value of correct or appropriate attitudes. (shrink)

For several decades, Stephen Priest has championed a picture of the mind or soul as a private, phenomenological space, knowable by introspection and logically independent of behaviour. Something resembling this picture once dominated Western philosophy, but it suffered a severe setback in the mid-twentieth century as a result of Wittgenstein’s ‘private language argument’. While Priest has written about the threat posed by Wittgenstein’s argument to the picture of the mind that he favours, he has not explained how advocates of that (...) picture should respond to Wittgenstein. The present essay takes up this challenge, defending the picture of the mind as a private phenomenological space against four lines of argument drawn from Wittgenstein’s Philosophical Investigations § 243-315. (shrink)

The pieces collected here are written by fifteen philosophers and one poet who have been influenced by Stephen Priest, or develop themes in Priest’s philosophy, or both. They include contributions from the United Kingdom, the USA, Germany, Poland, Hungary, Taiwan and Japan by authors working in range of traditions. Topics covered include philosophical method, the analytical/continental divide, the nature of the mind (or self, or soul), metaphysics, and the meaning of life. The volume also includes responses by Priest and an (...) intellectual biography, describing some of the life-experiences which caused Priest to become interested in philosophy, and to make the transition from existentialism to metaphysics. (shrink)

Max Hallman has put forward an interpretation of Nietzsche’s philosophy according to which Nietzsche is a prototypical deep ecologist. In reply, I dispute Hallman’s main interpretive claim as well as its ethical and exegetical corollaries. I hold that Nietzsche is not a “biospheric egalitarian,” but rather an aristocratically individualistic “high humanist.” A consistently naturalistic transcendentalist, Nietzsche does submit a critique of modernity’s Christian-inflected anthropocentrism (pace Hallman), and yet—in his later work—he endorses exploitation in the quest for nobility (contra Hallman). I (...) conclude thatecophilosophers need to exercise hermeneutical caution in any attempt to appropriate Nietzsche for environmentally ethical designs, lest they illegitimately ventriloquize their own moral voices into an authoritative but alien mouthpiece. (shrink)

What reasons for action do we have? What explains why we have these reasons? In this paper, I shall articulate some of the basic structural features of a theory that would provide answers to these questions. So my primary focus here is on the nature of reasons for action themselves, not on the meaning of the terms that can be used to talk about such reasons. However, it seems plausible that the term "reason for action" is in fact used in (...) many different ways, and can express many different concepts in different contexts. Hence, some prefatory remarks about the term "reason for action" are in order, to make it clear which of the many senses of the term I have in mind. (shrink)

This unique book presents a comprehensive and rigorous treatment of the theory of computability which is introductory yet self-contained. It takes a novel approach by looking at the subject using computation models rather than a limitation orientation, and is the first book of its kind to include software. Accompanying software simulations of almost all computational models are available for use in conjunction with the text, and numerous examples are provided on disk in a user-friendly format. Its applications to computer science (...) itself include interesting links to programming language theory, compiler design theory, and algorithm design. The software, numerous examples, and solutions make this book ideal for self-study by computer scientists and mathematicians alike. (shrink)

This paper provides a new argument for a position of Crispin Wright's: given that ethical statements can be embedded within all sorts of sentential operators and are subject to definite standards of warrantedness, they must have truth conditions. Allan Gibbard's normative logic' is the only noncognitivist logic that stands a chance of avoiding Geach's Fregean objection. But what, according to Gibbard, is the point of avoiding inconsistency in one's ethical statements? He must say that it is to ensure that one's (...) ethical statements have a property that has certain features. But the only property that has those features is truth. (shrink)

The only observational quantity which quantum mechanics needs to address islocation. The typical primitive observation on a microsystem (e.g., photon) isdetection at alocation (e.g., by a photomultiplier “looking at” a grating). To analyze an experiment, (a) form a conceptual ensemble of replicas of it, (b) assign a wave function (in “position representation”) to its initial condition, (c) evolve the wave function by the Schrödinger equation (known, once and for all, as a function of the system's composition), (d) compute the probability (...) for particle detection at various times and places. The initial wave function is chosen on the basis of experience with such treatments. Key experiments are thus treated: (i) time-of-flight, (ii) Stern-Gerlach, (iii) Franck-Hertz, (iv) photon recoil, (v) photoionization. Quantum states, dynamical variables, and measurements, and the usual postulates about them, are superfluous. The explicit treatments are nonrelativistic; the existence of relativistic generalizations is left open. (shrink)

This essay gives a new interpretation of some of the central ethical doctrines of Bishop Butler's Sermons -- in particular, of his claim that a review of the empirical facts of human nature shows that we have "an obligation to the practice of virtue", and of the precise claims that he makes about the relations between morality and self-interest.

The Search for the Legacy of the USPHS Syphilis Study at Tuskegee is a collection of essays from experts in a variety of fields seeking to redefine the legacy of the infamous Tuskegee Syphilis Study. The essayists place the legacy of the study within the evolution of racial and ethnic relations in the United States. Contributors include two leading historians on the study, two former United States Surgeons General, and other prominent scholars from a wide range of fields.

Termination for classical natural deduction is difficult in the presence of commuting/permutative conversions for disjunction. An approach based on reducibility candidates is presented that uses non-strictly positive inductive definitions.It covers second-order universal quantification and also the extension of the logic with fixed points of non-strictly positive operators, which appears to be a new result.Finally, the relation to Parigot’s strictly positive inductive definition of his set of reducibility candidates and to his notion of generalized reducibility candidates is explained.

The question of how multinational enterprises respond to local corporate social responsibility expectations remains salient, also in the context of many African governments’ attempts to define and regulate business responsibilities. What determines whether MNEs respond to such local, state-driven expectations as congruent with their global commitment to CSR? Adopting an institutional logics perspective, we argue that a higher global CSR commitment will lead to higher local responsiveness when regulatory distance is low, but it will lead to lower local responsiveness when (...) regulatory distance is high. We find support for our hypothesis using data on 93 MNEs’ responses to the South African state’s Broad-Based Black Economic Empowerment policy. We thus contribute to the global–local CSR literature and show how MNEs’ local CSR responsiveness will be shaped by not only the local context but also their home country and firm-internal environments. (shrink)

The fundamental principle of practical reasoning (if there is such a thing) must be a rule which we ought to follow in all our practical reasoning, and which cannot lead to irrational decisions. It must be a rule that it is possible for us to follow directly - that is, without having to follow any other rule of practical reasoning in order to do so. And it must be a basic principle, in the sense that the explanation of why we (...) rationally ought to follow this rule lies purely in the structure of our rational capacities themselves (and not, for example, in empirical evidence that we merely happen to have). This fundamental principle, it is argued, requires that you decide to do something only if the basis of your decision is such that (i) it is rational for you to believe that you have given the matter enough thought, and (ii) your actual deliberation does not warrant the conclusion that the chosen option is definitely worse than some other option that you have considered. A decision formed through reasoning is rational if and only if the agent followed this rule in making the decision. The claim that this is the fundamental principle of practical reasoning conflicts with Hobbesian approaches because it implies that practical reasoning aims not only at satisfying desires, but at forming beliefs about which options are better than others. It conflicts with Kantian approaches because it implies that to think of something as a good thing to do is not just to think of it as a rational thing to choose. This account also shows how to solve some famous controversies surrounding practical reason: the key is to understand how the rationality of concluding that one option is better than another is affected by our desires, our estimates of probabilities, and our moral judgments. (shrink)

The four sections of the Metaphysische Anfangsgründe der Naturwissenschaft 1 are each introduced by a new definition of matter. For the Phoronomy it is defined as the movable in space (Ak. IV, 480); the other defini­tions presuppose this one. What is the status of the propositions ascribing existence to matter in these senses? Are the metaphysical principles of natural science as pure as the principles of pure understanding, or are they only required for experience which happens, in fact, to contain (...) matter as defined at the beginnings of the sections? (shrink)

This paper compares the phenomenological structure of zoological exhibition to the pattern prevalent in pornography. It examines several disanalogies between the two, finds them lacking or irrelevant, and concludes that the proposed analogy is strong enough to serve as a critical lens through which to view the institution of zoos. The central idea uncovered in this process of interpretation is paradoxical: Zoos are pornographic in that they make the nature of their subjects disappear precisely by overexposing them. The paper asserts (...) that the keep are thus degraded or marginalized through the marketing and consumption of their very visibility and criticizes the pretense of preservation. Furthermore, the paper subjects the related framework of captivity to Foucauldian analysis and critique—we see that the "zoöpticon" deserves designation as an island of power in the carceral archipelago of hegemonic social institutions mapped by Foucault. Hence, this paper suggests that the zoo as we know it be phased out in favor of richer and less oppressive modes of encountering other forms of life; toward this end, the paper explores and assesses alternative approaches to, and practices of, nonhuman animal spectatorship and cross-species conviviality. (shrink)

Several authors have hypothesized that completely positive maps should provide the means for generalizing quantum dynamics. In a critical analysis of that proposal, we show that such maps are incompatible with the standard phenomenological theory of spin relaxation and that the theoretical argument which has been offered as justification for the hypothesis is fallacious.