According to H.L.A. Hart's analysis, to utter an internal legal statement is partly to express an acceptance of a set of norms. This article attempts to defend Hart's conception of internal legal discourse by responding to the following three lines of criticism that can be found in Joseph Raz's writings: (i) that Hart's analysis fails to account for what Raz calls ‘detached legal statements’; (ii) that Hart's deployment of the notion of acceptance in his analysis vitiates his legal positivist project (...) because such acceptance necessarily amounts to moral endorsement; and (iii) that Hart is wrong to assume that normative practices, including discursive legal practices, can be characterized satisfactorily by deploying only descriptive statements. I argue that Hart's theory, or at least a theory along the lines that Hart developed, has sufficient resources to handle satisfactorily these criticisms. His world is a noonday world in which sharply outlined figures, most of them more than a little singular, act in describable ways against perceptible backgrounds. Clifford Geertz, speaking of Sir Edward Evan Evans-Pritchard. (shrink)

The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

According to a widely held view, people's commitments to laws are dependent on the existence in their community of a conventional practice of complying with certain fundamental laws. This conventionalism has significantly hampered our attempts to explain the normative practice of law. Ronald Dworkin has argued against conventionalism by bringing up the phenomenon of persistent fundamental legal controversies, but neither Dworkin nor his legal positivist respondents have correctly understood the real significance of such controversies. This article argues that such controversies (...) pose a deep challenge to any conception of our legal practice as a genuinely normative, rule-mediated, practice. The article also argues that what is needed to deflect this challenge is a new understanding – different from the widely held conventionalist understanding – of how people's commitments to laws are predicated on their fellows’ like commitments. (shrink)

According to philosophical orthodoxy, the parties to moral or legal disputes genuinely disagree only if their uses of key normative terms in the dispute express the same meaning. Recently, however, this orthodoxy has been challenged. According to an influential alternative view, genuine moral and legal disagreements should be understood as metalinguistic negotiations over which meaning a given term should have. In this paper, we argue that the shared meaning view is motivated by much deeper considerations than its recent critics recognize, (...) and that much would be lost in opting for the explanation of normative disputes as metalinguistic negotiations. (shrink)

Understood one way, the branch of contemporary philosophical ethics that goes by the label “metaethics” concerns certain second-order questions about ethics—questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called “general jurisprudence” deals with certain second-order questions about law—questions not in the law, but rather ones about our thought and talk about (...) the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this volume are aimed at changing this state of affairs. The volume collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines. (shrink)

This paper criticises Kevin Toh’s expressivist reconstruction of H. L. A. Hart’s semantics of legal statements on the grounds that two implications of Toh’s reading are arguably too disruptive to Hart’s theory of law. The first of these implications is that legal statements are rendered indistinguishable from statements of value. The second is that the concept of a rule of recognition is rendered dispensable. I argue for the unacceptability of these consequences from a Hartian standpoint in the first two (...) sections of this paper. The last two sections present an alternative view of Hart’s semantics of legal statements, according to which legal normativity is explained in terms of conformity to patterns of validity that by themselves neither provide objective reasons for action nor entail subjective acceptance of such reasons. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Future of the Book: Images of Reading in the American Utopian Novel by Kevin J. HayesMatthew LeggattKevin J. Hayes. The Future of the Book: Images of Reading in the American Utopian Novel. Oxford: Oxford University Press, 2022. E-book, 192 pp. ISBN 9780192670960.Kevin J. Hayes is a writer of high regard, having published many books over his distinguished career, including biographical studies such as Herman Melville, (...) Mark Twain, George Washington: A Life in Books, and several on Edgar Allen Poe. Works like the 2020 monograph Shakespeare and the Making of America showcase his intersecting interests in biography, literature, and American political history. It is these interests that are very much on display in his 2022 monograph The Future of the Book: Images of Reading in the American Utopian Novel, and we should be thankful that Hayes has turned his attention to the subject of utopian fiction as he certainly has much to add to the discussion. The book is clearly a labor of love and Hayes writes with a great degree of detail and authority suggesting he has always held a deep interest in the utopian novel. In fact, from the preface, it is clear the research supporting this book has spanned many years.The preface sets it all up very neatly. Immediately, the reader is invited into the research story of the book. Hayes has an evocative and methodical style that carries that research throughout. The author is also careful in this preface to assert his expertise in the field. Having read “virtually every utopian novel in American literature published before 1910” on microfilm gives Hayes the opportunity to explore many of the obscure and lesser-known works of the period (ix), which he notes in his introduction is primarily between 1880 and 1915. Since many of these novels are yet to be digitized, his insight is notably rare.Aside from an introduction and conclusion, the book is divided into five chapters. The first is titled “The Residential Library” and is centrally about [End Page 601] books in home-spaces, from personal libraries to books on shelves in someone’s living room. Chapter 2, “The Public Library,” explores depictions of public libraries and ways that collected knowledge might be organized and made accessible in utopian visions. “The Idea of Authorship,” chapter 3, is about the professional/amateur status of authors in utopian societies. In this section, Hayes also explores ideas about literary quality and attempts to answer concerns that a utopian age would necessarily be incapable of producing great literature. Chapter 4, titled “The Newspaper,” details the struggles utopian authors have had with the newspaper format. Finally, “The Printed Page and the Written Word” examines ways in which utopian authors sought to refine the printed and written word and their innovative suggestions in this area. Each of these chapters opens by considering Edward Bellamy’s Looking Backward in relation to the subject at hand and Bellamy’s 1888 novel is referred to extensively throughout The Future of the Book, offering a frame for Hayes’s exploration of utopian literature’s inner dialogue with the printed word.In his introduction, Hayes highlights that much of the scholarly work in this area has focused on dystopias. Indeed, when I think about the representation of literature in speculative fiction I tend, first, to think of the great dystopias like Orwell’s Nineteen Eighty-Four, in which history is erased and rewritten by The Party, or Ray Bradbury’s Fahrenheit 451, in which books are considered dangerous and thus are rigorously hunted and burned by the ironically named Firemen of the future. Alternatively, postapocalyptic movies spring to mind. Taking shelter in the New York Public Library, Sam Hall (played by Jake Gyllenhaal) frantically burns books for warmth despite the protests of several other characters in Roland Emmerich’s 2004 blockbuster The Day After Tomorrow. Likewise, in “Marooned” (1989), an episode of the British SF sitcom Red Dwarf (1988–), of which I was particularly fond during my formative years, a copy of the collected works of Shakespeare is burned to keep the last remaining human, David Lister (played by Craig Charles), alive. In the opposite direction, some postapocalyptic... (shrink)

Freedom of information requests are increasingly used in sociology, criminology and other social science disciplines to examine government practices and processes. University ethical review boards in Canada have not typically subjected researchers’ FOI requests to independent review, although this may be changing in the United Kingdom and Australia, reflective of what Haggerty calls ‘ethics creep’. Here we present four arguments for why FOI requests in the social sciences should not be subject to formal ethical review by ERBs. (...) These four arguments are: existing, rigorous bureaucratic vetting; double jeopardy; infringement of citizenship rights; and unsuitable ethics paradigm. In the discussion, we reflect on the implications of our analysis for literature on ethical review and qualitative research, and for literature on FOI and government transparency. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ENVIRONMENTAL THEOLOGYA REVIEW DISCUSSION* KEVIN W. IRWIN The Catholic University ofAmerica Washington, D.C. l UST OVER a decade ago the Norwegian philosopher Arne Naess coined the term deep ecology to encapsulate his challenge that while others have dealt with short-term views of ure and ways of dealing with the ecological crisis,1 he urged a deeper probing of "why, how and where" educational systems, religious bodies, and societies (...) themselves can deal with environ- * The books under discussion are: Leonardo Boff, Ecologia, Mundializacao, Espiritualidade (Sao Paolo: Editora Atica, 1993), English translation by John Cuming, Ecology and Liberation: A New Paradigm (Maryknoll: Orbis, 1995); Denis Edwards, Jesus the Wisdom ofGod: An Ecological Theology (Maryknoll: Orbis, 1995); Catharina J. M. Halkes, New Creation: Christian Feminism and the Renewal ofthe Earth, trans. C. Romanik (Louisville: Westminster/John Knox Press, 1991); Michael J. Himes and Kenneth R. Himes, Fullness of Faith: The Public Significance of Theology (New York/Mahwah: Paulist Press, 1993), especially chapter 5, "Creation and an Environmental Ethic"; Tony Kelly, An Expanding Theology: Faith in a World of Connections (Newtowne: E. J. Dwyer, 1993); Richard N. Fragomeni and John T. Pawlikowski, eds., The Ecological Challenge: Ethical, Liturgical and Spiritual Responses (Collegeville: The Liturgical Press, 1994); Albert J. LaChance and John E. Carroll, eds., Embracing Earth: Catholi.c Approaches to Ecology (Maryknoll: Orbis, 1994); Sean McDonagh, The Greening ofthe Church (London: G. Chapman; Maryknoll: Orbis, 1990); and Passion for the Earth: The Christian Vocation to Promote Justice, Peace and the Integrity ofCreation (London: G. Chapman; Maryknoll: Orbis, 1994). 1 From the outset it is important to clarify terminology and to indicate the meaning of some terms used in this review. In accord with common usage we understand that the term "ecology" (from the Greek oikos, "home") refers to our being at home on the earth, and "ecological crisis" refers to the destruction that has been worked to make the earth/home less inhabitable for a variety of species. "Creation" refers to the whole created world and all living beings as gifts from God the creator. "Environment" refers to the life context in which we live, our habitat as given to us by God and for which we are responsible. 301 302 KEVIN W. IRWIN mental deterioration and devastation.2 That Roman Catholicism has an important contribution to make to this issue3 is clear from recent magisterial statements as well as from the theological literature under review here. For example, in 1990 John Paul II articulated a number of avenues from within the Catholic tradition that relate to the ecological crisis and the Church's corporate responsibility to face it theologically, spiritually, and practically.4 In 1991 the U.S. bishops issued a more focused document, Renewing the Earth, which was drawn largely from the Church's social teaching tradition.5 The purpose of this article is to review some recent Roman Catholic theological literature in English (originally or recently translated) on environmental theology and ethics that can be understood as deep ecology from within mainstream Catholic thought. The contention of these authors is that the ecological crisis is a matter of theology, ethics, and values. Not surprisingly, given the comparative infancy of Catholicism's theological contribution to this issue, these works include collections of essays with a variety of approaches of varying quality, monographs that deal with the issue with greater methodological pre2 "Intuition, Intrinsic Value, and Deep Ecology," The Ecologist 14 (Sept./Oct., 1984): 56 ; also see Devall Bill and George Sessions, Deep Ecology (Layton, Utah: Gibbs Smith, 1985). 3 It is important to note that other Christian faith traditions have offered pertinent and challenging statements on this issue, especially the Orthodox. See, for example, the statement by Patriarch Dimitrios, Orthodoxy and the Ecological Crisis (Geneva: Ecumenical Patriarchate, 1990). 4 See "Peace with God the Creator, Peace with All of Creation," Origins 19 (Dec. 14, 1989): 465-68. This is but one example of John Paul's voice on this issue, which is not univocal. Among other statements, his 1993 Lenten Message is particularly interesting in the way it addresses the devastation caused by "uncontrolled industrial development and the use of technologies which disrupt the balance of nature [that] have caused... (shrink)

Within legal scholarship and practice, among the most pervasive tasks is the interpretation of texts. And within legal interpretation, perhaps the most pervasive inquiry is the search for “ordinary meaning.” Jurists often treat ordinary meaning analysis as an empirical inquiry, aiming to discover a fact about how people understand language. When evaluating ordinary meaning, interpreters rely on dictionary definitions or patterns of common usage, increasingly via “legal corpus linguistics” approaches. However, the most central question about these popular methods remains open: (...) Do they reliably reflect ordinary meaning? This Article presents a series of experiments that assess whether (a) dictionary definitions and (b) common usage data reflect (c) how people actually understand language today. -/- The Article elaborates the implications of two main experimental results. First, neither the dictionary nor legal corpus linguistics methods reliably track ordinary people’s judgments about meaning. This shifts the argumentative burden to jurists who rely on these tools to identify “ordinary meaning” or “original public meaning”: these views must articulate and demonstrate a reliable method of analysis. Moreover, this divergence illuminates several interpretive fallacies. For example, advocates of legal corpus linguistics often contend that the nonappearance of a specific use in a corpus indicates that the use is not part of the relevant term’s ordinary meaning. The experiments reveal this claim to be a “Nonappearance Fallacy.” Ordinary meaning exceeds datasets of common usage — even very large ones. -/- Second, dictionary and legal corpus linguistics verdicts diverge dramatically from each other. Part of that divergence is explained by the finding that broad dictionary definitions tend to direct interpreters to extensive interpretations, while data of common usage tends to point interpreters to more prototypical cases. This suggests two different criteria that are often relevant in interpretation: a more extensive criterion and a more narrow, prototypical criterion. Although dictionaries and corpus linguistics might, in some cases, help us identify these criteria, a hard legal-philosophical question remains: Which of these two criteria should guide the interpretation of terms and phrases in legal texts? Insofar as there is no compelling case to prefer one, the results suggest that dictionary definitions, legal corpus linguistics, or even other more scientific measures of meaning may not be equipped in principle to deliver simple and unequivocal answers to inquiries about the so-called “ordinary meaning” of legal texts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:700 BOOK REVIEWS certain violations of justice can be appreciated without " any back· ground of social conventions" (p. 95). The cases he cites-racial and gender bias and the failure to return kindness-may he unproblematic for us, hut is this not because we have been tutored by the institutions of modern liberalism? A strong case can be made, moreover, that our general agreement vanishes when it comes to particular (...) cases. This raises a larger question: can character ethics-with its repudiation of impersonal decision procedures-provide a basis for even limited universalism? A less impersonal route would be that of Thomistic natural law, but Kupperman's meager attention to personhood and his emphasis upon the self as a " metaphysical term of art" makes this an unlikely route. Kupperman seems intent on securing limited universalism as a nee· essary framework for pluralism; the view is central to his thesis that moral education cannot substitute values clarification for absolutism, at least not in its initial stage (pp. 174-78). It is not clear, however, that the primacy of the language of " values " is compatible with an emphasis on strength of character. Kupperman concedes that an "antiphony of values " may make the achievement of strong character more difficult. He fails, however, to entertain seriously the possibility that the pluralism of post-modern liberalism might well generate a society of Nietzsche's last men, with no more than a " qualified loyalty to anything " (p. 137). While the argument of Character may not he fully persuasive, it nonetheless marks an important contribution to recent Hterature attempting to show that liberalism need not be indifferent to questions of the good and of human excellence. THOMAS s. HIBBS Boston College Chestnut Hill, Massachusetts The Magic of Ritual: Our Need for Liberating Rites that Transform Our Lives and Our Communities. By TOM F. DRIVER. San Francisco : Harper, 1991. Pp. 270. $19.95. Tom Driver, former theater critic and author of hooks about theater and religion, is Paul Tillich Professor of Theology and Culture at Union Theological Seminary, New York. He is also an active leader in the Ritual Studies section of the American Academy of Religion. This engagingly written book reflects all of these vocations and interests. When he writes compellingly that we suffer from a void of ritual that could give shape and meaning to human life he critiques the view that BOOK REVIEWS 701 Christianity is primarily about theology and doctrine as well as the shape and content of the liturgy as presently celebrated in many Christian churches. On the one hand, this book is an apologia for the role of ritual in Christian life; on the other, it is a trenchant critique of what and how liturgical churches ritualize their faith. In the Introduction he states that by design this work is about the " deep human longing for ritual; to interpret it in the light of our physical, social, polemical, sexual, moral, aesthetic, and religious existence; and to urge a reform of our ritual life, especially in religion, so that our longing for ritual and our longing for freedom may come together " (4). He poignantly observes that the book is a response to "ritual boredom" (7) and that much Christian liturgical practice " has become moribund " (ll). The book's fairly evenly distributed three parts concern "ritual pathways," a cursory survey of animal, human and church ritual behavior (chapters l to 3), " modalities of performance," relating ritual to theater and reflecting on ritual's relationship to confession and ethics (chapters 5 and 6), and" ritual's social gifts," reflecting on the results of ritual: order, community and transformation of participants (chapters 7 to 9). In many ways the book's Conclusion and two Appendices betray Driver's slant on the state of contemporary Christian liturgy and ritual studies by offering critiques of the celebration of some Christian liturgies (Conclusion and Appendix A) and of the work of the ritual theorist Victor Turner (Appendix B). While there is nothing really new in this last part of the book, these sections offer a particularly clear view of where Driver stands, what his prejudices are, and how current his scholarship really is. Reading these last sections first would... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:704 BOOK REVIEWS The Search for the Origins of Christian Worship: Sources and Methods for the Study of Early Liturgy. By PAUL F. BRADSHAW. New York/Oxford: Oxford University Press, 1992. Pp. xi + 217. $35.00 (cloth). Despite broad and general acceptance of the study of liturgy as an academic discipline comprising (among other things) historical, theological, anthropological, aesthetic, and ritual aspects, liturgical scholars themselves are still engaged in refining (...) the contours of this discipline. With regard to historical perspectives on liturgy, for example, contemporary liturgical scholars have both relied upon the ground-breaking work of authors such as Anton Baumstark, Jean Danielou, Gregory Dix, and Josef Jungmann and urged caution in appropriating their insights too facilely or uncritically. More precisely, the kind of research such scholars were able to do on the sources they examined, the editing of new editions of those same sources, the fact of the discovery of additional sources, and the crucial issue of how to interpret what historical sources have to say require that contemporary liturgiologists revisit the early sources of the liturgy ever more carefully and precisely. Paul Bradshaw's contribution in The Search for the Origins of Christian Worship is nothing short of ground-breaking for the contribution it makes to contemporary liturgical method in general and to the study of liturgical sources in particular. With admirable clarity and modesty in tone Bradshaw accomplishes his aim: " to offer a guide or handbook for the journey through the field of liturgical origins" (x). He makes no claim that even a careful study of liturgical origins or liturgical history comprises the discipline and craft of liturgiology. What he does claim and exemplify in this remarkable hook is that the study of the sources of liturgy requires careful contextualization as well as precise textual and source criticism of the documents so that what can he legitimately gleaned from historical investigation continues to be a major factor in liturgical study. Bradshaw published some of the material in this carefully constructed monograph in an article in Studia Liturgica 17 (1987): 26-34 and in his contributions to The Making of Jewish and Christian Worship (1991) and Fountain of Life (1991). Among the author's noteworthy accomplishments is the way he has incorporated this material into a new synthesis here. The first three chapters deal with the Jewish background of Christian worship, worship in the New Testament, and principles for interpreting early Christian liturgical evidence. Bradshaw states and exemplifies one of his chief theses here: that any sense BOOK REVIEWS 705 of a linear progression from Jewish liturgical forms at the time of Jesus through the early Christian centuries is impossible to sustain for at least two reasons. First, the Jewish sources themselves at the time of Christ were not uniform, as exemplified by the fact that some manuscripts presumably attesting to the Jewish practices at the time of Jesus were not compiled until centuries later. And even then the normativity of such texts was not universally held. Second, the pluriformity in church life customarily derived from the scientific study of the scriptures should also be expected to derive from the scientific study of liturgical sources, for example, because of the difference between and evolution within the liturgy both East and West. With regard to what are customarily more precisely termed " liturgical sources " Bradshaw offers significant insights in chapter four about individual documents (e.g., the Didache, the Apostolic Tradition, and the Apostolic Constitutions) and, even more importantly, their interrelationship. The modesty in tone of the whole book is nowhere more evident than when he observes that one needs to be cautious in determining whether these documents describe or prescribe what should be done liturgically and when he muses about why some of the evidence in these texts should have appeared there at all. This caution is sustained in chapter five describing "other major liturgical sources," namely, the apostolic fathers, patristic texts, and the diary of Egeria. Here again the descriptive/prescriptive issue resurfaces especially regarding Justin's accounts of liturgy in his First Apology, insights about initiation rites in patristic homilies and catecheses, and the ceremonies of the Easter triduum recounted by Egeria. In chapters six through eight... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reflection and the Stability of Belief: Essays on Descartes, Hume, and Reid by Louis E. LoebKevin MeekerLouis E. Loeb. Reflection and the Stability of Belief: Essays on Descartes, Hume, and Reid. New York: Oxford University Press, 2010. Pp. xvii + 369. ISBN: 978-0-19-536876-5, Cloth, $99.00. ISBN 978-0-19-536875-8, Paper, $45.00.This book is (almost entirely) a collection of previously published essays by Louis Loeb. The first three essays focus primarily (...) on advancing the general interpretive claim that Descartes’s main epistemological goal is achieving unshakable beliefs. While essays 5–10 address many topics in Humean interpretation, they all contribute in various ways to supporting Loeb’s claim that Hume’s primary epistemological goal is achieving stable beliefs. Essay 12 compares the naturalisms of Hume and Reid. All of the collected essays are excellent.Such excellence is not surprising, for Loeb is an influential interpreter of early modern philosophy, justly renowned for the ingenuity of his readings. Spanning the last three decades, these essays display many fine qualities that have helped make Loeb such a prominent historian. Here I will briefly mention three of these qualities. First, Loeb has remarkable command of the primary historical texts and the secondary literature. This mastery is perhaps best seen in his “What is Worth Preserving in the Kemp Smith Interpretation of Hume?” (essay 9). In addition to providing a detailed exposition of a wide range of texts from Hume and Norman Kemp Smith, Loeb also makes adroit comments about the literature discussing the secondary literature when he addresses the “Canonical Understanding” of Kemp Smith (246–47). Second, Loeb effortlessly integrates historical and contemporary concerns. His “Hume’s Agent-Centered Sentimentalism” (essay 8), for instance, has [End Page 257] an interesting discussion of how Hume’s moral theory might aid contemporary utilitarians (238–44). Moreover, essays 5 (“Integrating Hume’s Accounts of Belief and Justification”) and 10 (“Psychology, Epistemology, and Skepticism in Hume’s Argument about Induction”) fruitfully discuss Hume’s epistemology in light of issues important to the contemporary distinction between internalism and externalism. Third, Loeb’s intuitive knack for isolating important connections amongst various texts and figures allows him to tell a concise story about the evolution of certain philosophical ideas that panoramically covers large portions of the history of philosophy. His “Locke and British Empiricism” (essay 11), which connects epistemological themes in Locke with Descartes, Hume, Berkeley, Malebranche, and Reid, among others, is one example. (Because this essay is, as of this writing, still forthcoming, it is the only essay that is not previously published.) Finally, all three of these qualities are prominently on display in “Sextus, Descartes, Hume, and Peirce” (essay 4), which interestingly uses contemporary views about belief (especially as developed by David Velleman) to understand Descartes and Hume “against the backdrop of Sextus and Peirce” (107). To my mind this essay is the best in the book.There are at least two main advantages of collecting these excellent essays into a book. First, the collection allows Loeb to systematically emphasize the similarities between different early modern thinkers in a way that typically strengthens the cumulative case he makes for his readings of these philosophers. Second, the volume permits us to catch a rare glimpse of how an interpreter’s views can change over time. Considering the cumulative effect of the arguments as well as the changes in Loeb’s views also provides us with a great opportunity to reflect critically on many important issues in a fruitful way. The rest of this review will focus on such critical reflections.Let us start with Descartes, as Loeb does. In his introduction to the essays, Loeb helpfully contextualizes his discussions of Descartes. He points out that his paper “Was Descartes Sincere in His Appeal to the Light of Nature?” (not included here) maintains that the arguments Descartes presents are so poor that they “suggest” that “Descartes was insincere in offering his proofs of the existence of God and in appealing to Divine veracity to validate clear and distinct perception” (9; cf. 35). Of course others have likewise contended that Descartes was a dissimulator. But in the first four chapters... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Disability in the Christian Tradition: A Reader Edited by Brian Brock and John SwintonKevin McCabeDisability in the Christian Tradition: A Reader EDITED BY BRIAN BROCK AND JOHN SWINTON Grand Rapids, MI: Eerdmans, 2012. 576 pp. $45.00Disability in the Christian Tradition makes an important contribution to the growing area of theological inquiry known as “theology of disability.” While questions of physical and intellectual difference are getting much-deserved attention from (...) religious ethicists and constructive theologians today, relatively little attention has been given to the treatment of what we now call “disability” throughout the history of Christian thought and especially in the premodern era. This volume seeks to remedy this situation by highlighting the theological consideration of disability in Christian thinkers from the patristic era to the present. Against tendencies to treat disability as a “special case” for thinking about humanity, this volume seeks to show the often overlooked presence of reflection on disability throughout the tradition.The volume pairs introductory and interpretive essays from contemporary scholars with primary source selections from each historical thinker. Essays on Augustine, Aquinas, and Luther help to correct the historical record, which often remembers these theologians as advocating rationalist or exclusionary anthropologies that marginalize or significantly compromise the humanity of persons with disabilities. These thinkers prove to be more nuanced and insightful than is often thought. However, as Brian Brock points out with respect to Augustine, and as Stefan Heuser points out with respect to Luther, [End Page 238] these figures are often ambivalent or at odds with themselves on the practical and theological significance of disability. Following the work started here, further interpretation and analysis will be needed in order to assess the legacies of these figures and to discern their usefulness for thinking about disability today. In this respect the reader serves as a helpful invitation for further historical and constructive work.Some of the finest essays in the volume focus on disability in order to illuminate the theologians under consideration in surprising ways. Christopher Craig Brittain’s essay on Kierkegaard appeals to his letters and manuscripts in order to show how questions of suffering, marginalization, and self-acceptance are crucial aspects of Kierkegaard’s understanding of being human and being Christian—and how his work might contribute to current debates in disability theory and theology. Bernd Wannenwetsch shows how Dietrich Bonhoeffer’s visit to a community for persons with disabilities in 1933 was a pivotal experience in the formation of his anthropology. Wannenwetsch compellingly argues that Bonhoeffer’s advocacy on behalf of the weak and disabled is integrally connected to his opposition to the destructive rival anthropology advocated under Nazi rule. These essays make important contributions both to our reflection on disability as well as to our understanding of Kierkegaard and Bonhoeffer’s wider thought.A variety of perspectives on the meaning of disability are on display in this volume. One comes away with the impression that the “dialogue with the communion of saints” (3) called for in the introduction might be more of a debate than a harmonious discourse. The historical thinkers featured here do not offer one Christian account of disability that might be set against modern and secular perspectives on disability, but they do offer much that is productive for ethicists and theologians today.This volume is important for anyone concerned with theological reflection on disability, but it would be a shame if the book’s readership were limited to such a group. Historical theologians and readers interested in the theological and ethical issues pertaining to Christian anthropology and questions of embodiment, suffering, and vulnerability will find much that is of value. Indeed, it is one of the lessons of the volume that disability is not just a marginal or trendy topic in the contemporary theological scene but a central aspect of human personhood that has played an important if complex role in the understanding of what it means to be human throughout the Christian tradition. [End Page 239]Kevin McCabeUniversity of Notre DameCopyright © 2014 Society of Christian Ethics... (shrink)

The Body in Arabic Love Poetry: The ʿUdhri Tradition. By Jokha Alharthi. Edinburgh: Edinburgh University Press, 2021. Pp. xviii + 270. $29.95 (paper).

BackgroundAmidst expanding roles in education and policy making, questions have been raised about the ability of Clinical Ethics Committees (CEC) s to carry out effective ethics consultations (CECons). However recent reviews of CECs suggest that there is no uniformity to CECons and no effective means of assessing the quality of CECons. To address this gap a systematic scoping review of prevailing tools used to assess CECons was performed to foreground and guide the design of a tool to evaluate the (...) quality of CECons.MethodsGuided by Levac et al’s (2010) methodological framework for conducting scoping reviews, the research team performed independent literature reviews of accounts of assessments of CECons published in six databases. The included articles were independently analyzed using content and thematic analysis to enhance the validity of the findings.ResultsNine thousand sixty-six abstracts were identified, 617 full-text articles were reviewed, 104 articles were analyzed and four themes were identified – the purpose of the CECons evaluation, the various domains assessed, the methods of assessment used and the long-term impact of these evaluations.ConclusionThis review found prevailing assessments of CECons to be piecemeal due to variable goals, contextual factors and practical limitations. The diversity in domains assessed and tools used foregrounds the lack of minimum standards upheld to ensure baseline efficacy.To advance a contextually appropriate, culturally sensitive, program specific assessment tool to assess CECons, clear structural and competency guidelines must be established in the curation of CECons programs, to evaluate their true efficacy and maintain clinical, legal and ethical standards. (shrink)

Long, Kevin Review of: Report of Rosendo Salvado to propaganda fide in 1883, translated and edited by Stefano Girola, introduction by John Molony, Northcote, VIC: Abbey Press, 2015, pp. 307, $34.95.

Long, Kevin Review(s) of: Trent: What happened at the council, by John W. O'Malley, (Cambridge, MA: Belknap Press of Harvard University Press, 2013), pp. 335, $39.95.

IntroductionClinical ethics committees (CECs) support and enhance communication and complex decision making, educate healthcare professionals and the public on ethical matters and maintain standards of care. However, a consistent approach to training members of CECs is lacking. A systematic scoping review was conducted to evaluate prevailing CEC training curricula to guide the design of an evidence-based approach.MethodsArksey and O’Malley’s methodological framework for conducting scoping reviews was used to evaluate prevailing accounts of CEC training published in six databases. Braun and (...) Clarke’s thematic analysis approach was adopted to thematically analyse data across different healthcare and educational settings.Results7370 abstracts were identified, 92 full-text articles were reviewed and 55 articles were thematically analysed to reveal four themes: the design, pedagogy, content and assessment of CEC curricula.ConclusionFew curricula employ consistent approaches to training. Many programmes fail to provide CEC trainees with sufficient knowledge, skills and experience to meet required competencies. Most programmes do not inculcate prevailing sociocultural, research, clinical and educational considerations into training processes nor provide longitudinal support for CEC trainees. Most CEC training programmes are not supported by host institutions threatening the sustainability of the programme and compromising effective assessment and longitudinal support of CEC trainees. While further reviews are required, this review underlines the need for host organisations to support and oversee a socioculturally appropriate ethically sensitive, clinically relevant longitudinal training, assessment and support process for CEC trainees if CECs are to meet their roles effectively. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2003) 302-303 [Access article in PDF] Sedgwick, Sally, ed. The Reception of Kant's Critical Philosophy: Fichte, Schelling, and Hegel. New York: Cambridge University Press, 2000. Pp. x + 338. Cloth, $59.95. This collection consists almost entirely of papers from a 1995 conference at Dartmouth on "The Idea of a System of Transcendental Idealism in Kant, Fichte, Schelling, and Hegel." Four categories of (...) papers address: (1) the relation between Kant's three Critiques and the Opus Postumum; (2) Fichte's reception of the Critical Philosophy; (3) Schelling's Naturphilosophie as a reaction to Kant and Fichte; and (4) Hegel's indebtedness to and famous departure from Kantianism.In "The Unity of Nature and Freedom: Kant's Conception of the System of Philosophy," Paul Guyer argues that, appearances aside, Kant's thought from the first Critique to the Opus Postumum forms a continuous and self-consistent project. Indeed, Guyer claims that Kant's conception of transcendental philosophy remained essentially unchanged throughout this period (this despite frequent—and often flattering—remarks in the Opus Postumum concerning Spinoza). In contrast, Jeffrey Edwards' "Spinozism, Freedom, and Transcendental Dynamics in Kant's Final System of Transcendental Idealism" points to a conceptual tension present in Kant's late attempt to find common ground between Spinoza and transcendental idealism. Edwards argues that Kant's notion in the Opus Postumum of a dynamical form of matter leads him to embrace a realist (quasi-Spinozistic) conception of space. Finally, in "Is the Critique of Judgment Post-Critical?" Henry Allison challenges the view (common from Hegel to Guyer) that a profound change in Kant's project occurs in the Critique of Judgment, viz., that something profoundly un-transcendental emerges with Kant's notions of the intuitive intellect and purposiveness of nature.Günter Zöller, in "From Critique to Metacritique: Fichte's Transformation of Kant's Transcendental Idealism," offers an interpretation of the development of notions of "system" and "transcendental idealism" from Kant to Fichte. This is an indispensable paper for anyone concerned with the fine points of this development and, [End Page 302] indeed, Zöller's treatment is throughout a model of clarity. In "The Spirit of the Wissenschaftslehre," Daniel Breazeale offers an outstanding survey of the defining features of Fichte's early Jena Wissenschaftslehre. The breadth and depth of Breazeale's paper is a signal achievement, one that puts before the reader's eyes the lay of the often convoluted and confusing land that is the Wissenschaftslehre. Furthermore, Breazeale's discussion of the subdivisions of the Wissenschaftslehre (i.e., the particular sciences grounded by the "science of science") is of particular benefit for understanding the totality of Fichte's conception of philosophy."The 'I' as Principle of Philosophy" by Allen Wood, and "The Practical Foundation of Philosophy in Kant, Fichte, and After" by Karl Ameriks offer differing evaluations of the kind of "primacy of the practical" that each author locates in Fichte. Ameriks rejects Wood's sympathetic reading of the fundamentally practical character of the Fichtean "I." What is at stake for the authors is the success or failure of Fichte's attempt to account for the unity of theoretical and practical reason. It is important to note however that, unlike Kant, Fichte does not subscribe to the "primacy of the practical" thesis; indeed, Fichte holds the two aspects of reason to be "equiprimordial." As such, some of Wood's and Ameriks' claims are either misleading or simply wrong. This point aside, a common criticism of Fichte is that he reduces the world to the bare posit of the "I," a view of which Robert Pippin's "Fichte's Alleged Subjective, Psychological, One-Sided Idealism" quickly disposes. Instead, Pippin presents a "normative non-psychologistic" interpretation of Fichtean idealism.Regarding Schelling's Kant-reception, Manfred Baum's "The Beginnings of Schelling's Philosophy of Nature" locates the origins of Schelling's Naturphilosophie in his youthful interpretation of Plato's Timaeus. Baum's analyses, which abound with rich historical and philological information, are complemented by Dieter Sturma's... (shrink)