Beida reformers invoke the legacy of Cai Yuanpei’s cosmopolitan vision for making it a world-class university while erecting it on the principles of the “market university,” which are contradictory to Cai’s aesthetic ideals of universality, transcendence, and freedom of thought. This study compares the conceptual underpinnings of both models and proposes a pathway for resurrecting Cai’s foundational idea of the university and preserving the “Beida spirit.”.

John Donne's song was hardly written in the tradition of political philosophy, but it has a good deal to say about the theme of luck, both good and bad, which I want to address. There is no doubt but that bad luck has bad consequences for the persons who suffer from it. If there were a costless way in which the consequences of bad luck could be spread across everyone in society at large, without increasing the risk of its occurrence, (...) then most of us would pronounce ourselves better off for the change. In this sense it can be said, for example, that there is a utilitarian grounding for a moral obligation to care and provide for those persons who suffer the fortunes of bad luck. For the sake of argument I do not wish to contest this particular starting point, although there are many who would. Instead, I want to ask the question of whether this moral obligation should be converted into a legal obligation, backed by public force. The dominant answer to that question today is yes. Even those who think that markets should determine decisions on production find that the state has a proper role to reduce the adverse consequences of bad luck. My cast of mind is more skeptical. In life, or, in this instance, politics, “come bad chance, and we do join to it our strength.” In general the effort to use coercion to counter the adverse effects of luck tends only to make matters worse. (shrink)

Combines historical research and philosophical analysis to cast light on why and how Cartesianism failed as a complete metaphysical system. Far more radical in its conclusions than his 1966 study The Downfall of Cartesianism, Watson argues that Descartes's ontology is incoherent and vacuous, his epistemology deceptive, and his theology unorthodox--indeed, that Descartes knows nothing.

The late Gregor Sebba was fond of describing his monumental _Bibliographia Cartesiana: A Critical Guide to the Descartes Literature, 1800–1960 _as a by-product of his research begun in 1949 for an article he had in mind titled _The Dream of Descartes._ The bibliography has been indispensable to Descartes scholars since its appearance in 1964. When Sebba died in 1985, his manuscript for _The Dream of Descartes _was still unfinished. Here, with materials provided by Aníbal A. Bueño, Richard H. Popkin, (...) and Helen Sebba, Richard A. Watson presents the completed work based on a 1973 draft, letters, outlines, and other manuscript material. The result is a fascinating analysis of Descartes’ dreams as seminal in the creative process of genius. (shrink)

Imitation is said to be the sincerest form of flattery. Socially, the proposition may well be true. But in the world of ideas it is false: to the extent that two incompatible traditions use the same words or symbols to articulate different visions of legal or social organization, imitation begets confusion, not enlightenment. The effects of that confusion, moreover, are not confined to the world of ideas, but spill over into the world of politics and public affairs. Words are more (...) than tools of description: they work also as tools of persuasion and transformation. Let a term have a favorable connotation in one context, and its imitative use can mislead people into thinking that a major departure from established practice is merely the extension or updating of an old principle to deal with new circumstances. (shrink)

I. What Vintage of Civil Rights? In this paper I wish to compare and contrast two separate conceptions of civil rights and to argue that the older, more libertarian conception of the subject is preferable to the more widely accepted version used in the modern civil rights movement. The first conception of civil rights focuses on the question of individual capacity. The antithesis of a person with civil rights is the slave. But even if individuals are declared free, they are (...) nonetheless denied their civil rights if they are unable to own property, to enter into contracts, to make wills, to give evidence, and to sue in courts. With all these civil rights claims, the target of the individual grievance is the state; it has denied large classes of individuals the formal capacities that it recognized and protected in others. The Civil War was fought largely over slavery. In its aftermath, civil rights claims protecting individual capacity received explicit, if imperfect, statutory and constitutional protection. The postbellum protections did not guarantee these rights in absolute fashion – that is, in a way that would not be susceptible to abridgment under any circumstances. Instead, civil rights were protected in what might be called a relative fashion: whatever rights of this sort were enjoyed by white citizens were to be enjoyed by the newly freed black citizens as well. (shrink)

'Tis true governments cannot be supported without great charge, and it is fit everyone who enjoys a share of the protection should pay out of his estate his proportion for the maintenance of it. But still it must be with his own consent, i.e., the consent of the majority giving it either by themselves or their representatives chosen by them. For if any one shall claim a power to lay and levy taxes on the people, by his own authority, and (...) without such consent of the people, he thereby invades the fundamental law of property and subverts the end of government. For what property have I in that which another may by right take when he pleases to himself. (shrink)

A broad range of intellectual perspectives may be brought to bear on any important social institution. To this general rule, the institution of private property is no exception. The desirability of private property has been endlessly debated across the disciplines: philosophical, historical, economic, and legal. Yet there is very little consensus over its proper social role and limitations. Is it possible to find a unique solution to questions of property and private ownership, good for all resources and for all times? (...) The famous defense of private property that is found in chapter 5 of John Locke's Second Treatise of Government answers this question in the affirmative, for Locke writes as though all property was given to mankind in common, and then seeks to find the quickest and most expeditious way to convert all common property into private property. His implicit, but undefended, assumption is that common forms of property are both undesirable and unstable, while private forms of ownership are always just the opposite. Yet his preferred method for moving from a commons to a regime of private property—the unilateral decision to appropriate by each actor—is one that has been frequently condemned as a sop to unbridled egotism, even though it is subject to two constraints: the first against waste, and the second requiring the appropria-tor to leave “enough, and as good” for others. (shrink)

A dozen papers by internationally known scholars explore questions largely unthinkable without Richard Watson's classic Downfall of Cartesianism: Descartes in Holland, Descartes and Simon Foucher, and issues raised by Descartes for philosophy of mind, philosophy of science, translation and toleration.

This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the “human rights” label (...) to boost the moral case for antidiscrimination laws gets matters exactly backwards, given that any program of forced association on one side of a status relationship is inconsistent with any universal norm governing all individuals regardless of role in all associative arrangements. The articled also discusses the tensions that arise under current Supreme Court law, which protects associational freedom arising out of expressive activities, but refuses to extend that protection to other forms of association, such as those involving persons with disabilities. The great vice of all these arrangements is that they cannot guarantee the stability of mandated win/lose relationships. The article further argues that a strong social consensus against discrimination is insufficient reason to coerce dissenters, given that holders of the dominant position can run their operations as they see fit even if others do otherwise. It closes with a short model human rights statute drafted in the classical liberal tradition that avoids the awkward line drawing and balancing that give rise to modern bureaucracies to enforce modern antidiscrimination laws. (shrink)

Some people hate themselves. But if I say, “I hate myself,” who is this “I” that stands apart from “myself”? And notice how in the expression “I am not myself today,” the “I” and “myself” change places. Now it is “myself” who is the authentic, the authoritative, the judgmental “I,” and it is “I” who is the self that is judged and found wanting. Some people talk to themselves; when they do, who is speaking and who is listening?

The design of new constitutions is fraught with challenges on both issues of structural design and individual rights. As both a descriptive and normative matter it is exceedingly difficult to believe that one structural solution will fit all cases. The high variation in nation size, economic development, and ethnic division can easily tilt the balance for or against a Presidential or Parliamentary system, and even within these two broad classes the differences in constitutional structure are both large and hard to (...) measure. The only confident claim is that some system of separation of powers coupled with checks and balances is needed. Deciding which system, however, is far harder. In contrast, that same level of doubt does not arise in connection with the correct specification of individual right. Strong systems of negative rights on matters of liberty, property, religion, and speech are preferable across a wide range of social organizations. On the other hand, any effort to create systems of positive entitlements will fail because of the negative effects that they have on wealth creation and the inability to define or limit the scope of the relevant entitlements. (shrink)

It is a common conceit of academic writing to insist that progress in some given area of law or political theory is hampered by hopeless confusion over the meaning of certain standard terms. My usual attitude toward such claims is one of passionate rejection. Because the English language has served us well for such a long period of time, I bring a strong presumption of distrust to any claim of the conceptual poverty of ordinary language. The persistent fears of lack (...) of understanding are in general refuted by the success of communication in ordinary life, as measured by the coordination of human behavior that language facilitates. (shrink)

Political theory has a good deal to say both for and against the establishment of the modern welfare state. As one might expect, most of that discussion is directed toward the expanded set of basic rights that the state confers on its members. In its most canonical form, the welfare state represents a switch in vision from the regime of negative rights in the nineteenth century to the regime of positive rights so much in vogue today. Negative rights—an inexact and (...) somewhat misleading term— stress the right of an individual to be free from certain kinds of external interventions. These rights arrange themselves on two basic lists. The first list generates a set of civil capacities that all individuals enjoy over their own labor and property: the right to contract, to make wills, to sue and be sued, to give evidence, and the like. The second list, from which the term “negative rights” derives, protects all persons from interference, either by force or by fraud, in the conduct of their own affairs. The resulting set of rights is short, snappy, and knowable; it is internally consistent; and it prepares the stage for productive human behavior while limiting destructive forms of behavior. Even though it is not couched in explicit utilitarian language, it can surely be defended on general functional grounds. (shrink)

On liberty, by J. S. Mill.--Morals and the criminal law, by P. Devlin.--Immorality and treason, by H. L. A. Hart.--Lord Devlin and the enforcement of morals, by R. Dworkin.--Sins and crimes, by A. R. Louch.--Morals offenses and the model penal code, L. B. Schwartz.--Paternalism, by G. Dworkin.--Four cases involving the enforcement of morality: Shaw v. Director of Public Prosecutions; People v. Cohen; Repouille v. United States; Commonwealth v. Donoghue.--Bibliography (p. 149).

Drawing on case studies from around the world - including Iran, Guatemala, USA and Mexico - this collection documents how transnational human rights discourses and legal institutions are materialised, imposed, resisted and transformed in a variety of contexts.

In this paper, I want to explore the relationship between the various forms of individual self-interest and the appropriate structures of government. I shall begin with the former, and by degrees extend the analysis to the latter. I do so in order to mount a defense of principles of limited government, private property, and individual liberty. The ordinary analysis of self-interest treats it as though it were not only a given but also a constant of human nature, and thus makes (...) few allowances for differences between persons. Yet common experience tells us that personality and behavior are as unique as fingerprints. The positive inquiry, therefore, is how we find what is constant about self-interest in a world of natural human diversity. The normative inquiry must take into account both the constant and variable features of human nature in order to determine what forms of social arrangements hold the greatest prospect of long-term social advantage. The gulf between ‘is’ and ‘ought’ must be overcome here, as it must be in all normative discourse. Yet we cannot make sensible judgments of what ought to be the case in the domain of rules unless we first have some idea of what is the case in the domain of behavior. The initial inquiry asks why self-interest is regarded as a constant of human behavior. The explanation derives more from the biological and less from the social. The powerful pressures of natural selection weed out any organisms for whom selfinterest is not the paramount consideration. (shrink)

Transcript and English translation of La naissance de la paix -- Analysis of La naissance de la paix -- Did Descartes write La naissance de la paix? -- Descartes's doctrine of the will -- The power of the will -- Controlling bodily desires -- Willing the good -- The sources of willing -- Did Descartes read Corneille? -- Descartes's political philosophy -- Evidence and methods of construction -- The sovereign state -- Descartes's life and politics -- Discours de la methode (...) -- Constitution of a Swedish Academy -- Arts and sciences -- Les passions de l'âme. (shrink)

This unorthodox volume of related literary-philosophical essays is sure to ruffle a few feathers by making merry with the styles of philosophy fashionable today, and in each of the last four decades. Beginning with a strictly formalistic treatment of the relationship of perfection of form to truth of content in literature, Watson (author of the widely reviewed work, The Philosopher's Diet) comes full circle to a concluding essay in which the content of life is unraveled as a pig's meaningless "tale." (...) In between, the reader is taken on a Cook's Tour of hopping and skipping, meaning, seducing, dying, and dreaming in such alluring essays as "The Seducer and the Seduced," "Ape Dreams," and "A Pig's Tail." The chapters focus on one or more fundamental arguments so dear to philosophers of many stripes, but are written with an attention to style not found in conventional philosophy. Writing in a discipline for which a robust sense of humor applied to the pursuit of "serious" philosophy is apt to mean professional oblivion, Watson aims his wittiest salvos at the Dogmatic and Edifying Intent of popular philosophical objectives. He highlights the stylistic conceits and ambiguity that often turn quite ordinary statements into ponderous pendantics. Are these pieces parodies or not? Does Watson really hold the positions he sets forth, or is he making lighthearted fun? Yes! The Philosopher's Joke will amuse and delight, frustrate and annoy, but above all, it will make readers think. (shrink)

... and Normative Epistemology The Distinction Between Metaepistemology and Normative Epistemology Although this terminology is relatively new, ...

Modestly subtitled How to Lose Weight & Change the World.

Because little is known about the human trait of affiliation, we provide a novel neurobehavioral model of affiliative bonding. Discussion is organized around processes of reward and memory formation that occur during approach and consummatory phases of affiliation. Appetitive and consummatory reward processes are mediated independently by the activity of the ventral tegmental area (VTA) dopamine (DA)–nucleus accumbens shell (NAS) pathway and the central corticolimbic projections of the u-opiate system of the medial basal arcuate nucleus, respectively, although these two projection (...) systems functionally interact across time. We next explicate the manner in which DA and glutamate interact in both the VTA and NAS to form incentive-encoded contextual memory ensembles that are predictive of reward derived from affiliative objects. Affiliative stimuli, in particular, are incorporated within contextual ensembles predictive of affiliative reward via: (a) the binding of affiliative stimuli in the rostral circuit of the medial extended amygdala and subsequent transmission to the NAS shell; (b) affiliative stimulus-induced opiate potentiation of DA processes in the VTA and NAS; and (c) permissive or facilitatory effects of gonadal steroids, oxytocin (in interaction with DA), and vasopressin on (i) sensory, perceptual, and attentional processing of affiliative stimuli and (ii) formation of social memories. Among these various processes, we propose that the capacity to experience affiliative reward via opiate functioning has a disproportionate weight in determining individual differences in affiliation. We delineate sources of these individual differences, and provide the first human data that support an association between opiate functioning and variation in trait affiliation. Key Words: affiliation corticolimbic-striatal networks; appetitive and consummatory reward; dopamine; oxytocin; personality; social bonds; social memory; u-opiates. (shrink)

There is long-standing disagreement among systematists about how to divide biodiversity into species. Over twenty different species concepts are used to group organisms, according to criteria as diverse as morphological or molecular similarity, interbreeding and genealogical relationships. This, combined with the implications of evolutionary biology, raises the worry that either there is no single kind of species, or that species are not real. This book surveys the history of thinking about species from Aristotle to modern systematics in order to understand (...) the origin of the problem, and advocates a solution based on the idea of the division of conceptual labor, whereby species concepts function in different ways - theoretically and operationally. It also considers related topics such as individuality and the metaphysics of evolution, and how scientific terms get their meaning. This important addition to the current debate will be essential for philosophers and historians of science, and for biologists. (shrink)

The paper argues for the centrality of believing the speaker (as distinct from believing the statement) in the epistemology of testimony, and develops a line of thought from Angus Ross which claims that in telling someone something, the kind of reason for belief that a speaker presents is of an essentially different kind from ordinary evidence. Investigating the nature of the audience's dependence on the speaker's free assurance leads to a discussion of Grice's formulation of non-natural meaning in an epistemological (...) light, concentrating on just how the recognition of the speaker's self-reflexive intention is supposed to count for his audience as a reason to believe P. This is understood as the speaker's explicitly assuming responsibility for the truth of his statement, and thereby constituting his utterance as a reason to believe. (shrink)

Ame Naess, John Rodman, George Sessions, and others, designated herein as ecosophers, propose an egalitarian anti-anthropocentric biocentrism as a basis for a new environmental ethic. I outline their “hands-off-nature” position and show it to be based on setting man apart. The ecosophic position is thus neither egalitarian nor fully biocentric. A fully egalitarian biocentric ethic would place no more restrictions on the behavior of human beings than on the behavior of any other animals. Uncontrolled human behavior might lead to the (...) destruction ofthe environment and thus to the extinction of human beings. I thus conclude that human interest in survival is the best ground on which to argue for an ecological balance which is good both for human beings and for the whole biological community. (shrink)

This book contends that the forces of late modernism are being caught between a capital-driven globalization and a territorially rooted revival of tribalism and ultra-nationalism.

Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected (...) to play a significant role in making complex public policy regarding, say, taxes or missile defense. (shrink)

Defends the principle of limited government, describes the few restraints necessary to provide a moral foundation for society, and discusses the use of norms and customs, competition versus monopoly, and assistance to the poor.

Ame Naess, John Rodman, George Sessions, and others, designated herein as ecosophers, propose an egalitarian anti-anthropocentric biocentrism as a basis for a new environmental ethic. I outline their “hands-off-nature” position and show it to be based on setting man apart. The ecosophic position is thus neither egalitarian nor fully biocentric. A fully egalitarian biocentric ethic would place no more restrictions on the behavior of human beings than on the behavior of any other animals. Uncontrolled human behavior might lead to the (...) destruction ofthe environment and thus to the extinction of human beings. I thus conclude that human interest in survival is the best ground on which to argue for an ecological balance which is good both for human beings and for the whole biological community. (shrink)

The training and experience of such academic philosophers as Richard Rorty and Hilary Putnam do not equip them with the economic and other social‐scientific tools necessary to make useful contributions to political discussion. In the case of Rorty, this has resulted in his being unable to make effective ripostes to left‐wing critics of his defense of “bourgeois liberalism,” his uncritical endorsement of simplistic arguments for social reform, and his embrace of false prophecies of doom, such as those found in (...) Orwell's novel Nineteen Eighty‐Four. Moreover, his disdain for “theory” has blinded him to the utility of mid‐level theories, such as those of economics, in dealing with concrete social problems. (shrink)

Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystificationâe"an evasion of the real need of American law, which is for a greater understanding of the (...) social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgiaâe"the true professionalism foreseen by Oliver Wendell Holmes a century ago.A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studiesâe"and a hopeful prospect for its future. (shrink)