The Cold Moon occurs in late December, auguring the arrival of the winter sol stice. Approaching the winter solstice of his own life, Roger Rosenblatt offers a book dedicated to the three most important lessons he has learned over his many years: an appreciation of being alive, a recognition of the gift and power of love, and the necessity of excercising responsibility toward one another. Rosenblatt's poetic reflections on these vital life lessons offer a tonic for these (...) perilous and fearful times, and attest to the value of our very existence. Cold Moon: a book to offer purpose, to focus the attention on life's essentials, and to lift the spirit. (shrink)

Argues that the only way to understand the Confucian vision of the consummate moral life is to take the tradition on its own terms.

The recent research of Helena Rosenblatt, Hilail Gildin, Arthur Meltzer, and John Scott calls for a reconsideration of Rousseau's stance towards and effect on the natural public law tradition. This reconsideration is especially called for given the persuasive evidence and arguments that these scholars marshal to demonstrate the positive contribution of Rousseau to that tradition and to suggest that his pre-Kantian rational law teaching in the Social Contract is rooted in his post-Hobbesian stance towards natural law, especially in the (...) Second Discourse. The work of these scholars builds upon others, especially on Leo Strauss, Victor Gourevitch, Jean Starobinski, Marc Plattner, Roger Masters and John Charvet, as well as Asher Horowitz, R. A. Leigh, Franz Haymann, and Robert Derathe, and completes the full range of alternative answers to our question. Their contributions are an invaluable scaffolding for fully grasping the issue and for proposing theses that could resolve it. Given the great debt owed to these scholars, the present inquiry begins with an overview and general assessment of their opinions on the issue, which is then followed by a close analysis of the relevant texts of Rousseau, especially the “Preface” to the Second Discourse. (shrink)

A comprehensive history of the human sciences -- psychology, sociology, anthropology, economics, and political science -- from their precursors in early human culture to the present.This erudite yet accessible volume in Norton's highly praised History of Science series tracks the long and circuitous path by which human beings came to see themselves and their societies as scientific subjects like any other. Beginning with the Renaissance's rediscovery of Greek psychology, political philosophy, and ethics, Roger Smith recounts how the human sciences (...) gradually organized themselves around a scientific conception of psychology, and how this trend has continued to the present day in a circle of interactions between science and ordinary life, in which the human sciences have influenced and been influenced by popular culture. (shrink)

The earliest Analects yet discovered, this work provides us with a new perspective on the central canonical text that has defined Chinese culture--and clearly illuminates the spirit and values of Confucius.

Examples from Archimedes, Galileo, Newton, Einstein, and others suggest that fundamental laws of physics were—or, at least, could have been—discovered by experiments performed not in the physical world but only in the mind. Although problematic for a strict empiricist, the evolutionary emergence in humans of deeply internalized implicit knowledge of abstract principles of transformation and symmetry may have been crucial for humankind's step to rationality—including the discovery of universal principles of mathematics, physics, ethics, and an account of free will that (...) is compatible with determinism. (shrink)

This is a three-part exchange on the relationship between belief and credence. It begins with an opening essay by Roger Clarke that argues for the claim that the notion of credence generalizes the notion of belief. Julia Staffel argues in her reply that we need to distinguish between mental states and models representing them, and that this helps us explain what it could mean that belief is a special case of credence. Roger Clarke's final essay reflects on the (...) compatibility of the previously discussed views with dualist and monist interpretations of our mental states and our ways of modeling them. (shrink)

This paper argues for two theses: that degrees of belief are context sensitive; that outright belief is belief to degree 1. The latter thesis is rejected quickly in most discussions of the relationship between credence and belief, but the former thesis undermines the usual reasons for doing so. Furthermore, identifying belief with credence 1 allows nice solutions to a number of problems for the most widely-held view of the relationship between credence and belief, the threshold view. I provide a sketch (...) of a formal framework on which both theses are true. This is a modified Bayesian framework; I argue that despite making credences context-sensitive, the framework lets Bayesians hold on to their signature explanatory successes. The sort of context-sensitivity claimed for credences here mirrors the sort of context-sensitivity I have elsewhere claimed for outright belief: one's credences depend, in part, on the space of alternative possibilities one takes seriously in a context. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Roger A. Shiner GETTING TO KNOW YOU IN pursuits OF happiness, Stanley Cavell attempts to establish the existence of a previously unrecognized genre of film — "comedies of remarriage " — which both includes and is defined by such movies as Adam's Rib, Bringing Up Baby, and TL· Philadelphia Story. l By "marriage" and "remarriage " is meant a certain kind of enduring emotional intimacy with which we (...) as adult men and women will be involved, an intimacy which is an integral part of the human form of life and whose relationship to an institutionally supported legal status in our culture is not one of identity. The same is true for the concept of "divorce" in this context. Using some of Cavell's interpretive ideas as a starting point, I shall seek to present the genre of remarriage as a figure for the profoundest relationships of epistemology and metaphysics — the relationship of the knower to the world which is known and the relationship of the individual to die other individuals widi whom society is shared. Specifically, divorce and remarriage as part of human life are to be seen as figures for separation and kinship, avoidance and acknowledgement in the philosophical sense of those terms.2 My discussion proceeds on several levels. There is film criticism, which attempts to find significance in certain movies. There is an examination of values, which presents a certain view ofmarriage as a human relationship. There is some metaphysics, which addresses certain traditional philosophical problems in a nontraditional way. And finally there is metaphilosophy, which attempts to present a different way ofhow to ask, and how to acknowledge as being answered, the great questions of philosophy. Only the latter two projects could be described as "philosophical" in a conventional sense. Yet, as Arthur Danto has rightly remarked,3 Cavell in Pursuits ofHappiness seems to be trying to suggest that to blur deliberately the distinction between criticism and philosophy is to show something 80 Roger A. Shiner81 important about philosophy (and thus criticism as well). If this essay in some small way is thought to show something similar, I shall be pleased. Cavell begins his chapter on It Happened One Night with some ruminations on Locke, Hume, Kant, and the idea of the limitations of human reason. Kant undertakes to show, Cavell claims (PH, pp. 75-76), that our position as human knowers is both better and worse than the Empiricists suggest. It is worse, because even if we pressed human knowledge to its Kantian limits, we would know more but not enough to fulfill the philosopher 's dream. It is better, because the very facts that are limitations of human knowledge are also the necessary conditions ofknowledge as such and to know those conditions clearly is enormously to increase human knowledge. The link between the limitations ofhuman knowledge and the comedies of remarriage is forged by the thought (CR, p. 74) that the capacity to relate oneself to the world by knowledge and the capacity to relate oneselfto others by marriage are both constitutive ofhuman society. Human community is based in part on the fact that there are limitations as to what each of us as individual knowers can know. We need each other's knowledge. If one of us were per impossibile to transcend the limitations of human knowledge, he would know, as it were, what God knows and thus have the power that God has. But the existence of these limitations reveals something deep about human knowledge, something which traditional theory of knowledge rejects, namely that it is human. Human knowledge is limited, but it is genuine. It rests on no surer a foundation than human community, but human beings are a community. We need each other, but we are there for each other. Community, and therefore knowledge, does not need to be achieved: it exists.4 Similarly, the conventions in society limiting the capacity to relate oneselfto others by marriage (one at a time, and only under protest not one forever) reveal something deep about the nature of marriage. The mutuality of the intimacy ofmarriage is possible only in conjunction with the exclusiveness of marriage. Only by turning away from all others can the taking into... (shrink)

If phenomenal consciousness is distinct from the computationally based access-consciousness that controls overt behavior, how can I tell which things (other than myself) enjoy phenomenal consciousness? And if phenomenal consciousness 'plays no role in controlling overt behavior, how do human bodies come to write target articles arguing for the existence of phenomenal consciousness?

Challenging commonly held biological, religious, and ethical beliefs, internationally well known historian of science Roger Smith boldly argues that human nature is not some "thing" awaiting discovery but is active in understanding itself. According to Smith, "being human" is a self-creation made possible through a reflective circle of thought and action, with a past and a future, and studying this "history" from a range of perspectives is fundamental to human self-understanding. Smith's argument brings together historical and contemporary debates concerning (...) materialism and human nature and the relations of the different fields of knowledge. He draws on classic writings from across the human sciences, touching on sociology, anthropology, brain sciences, history, philosophical hermeneutics, and critical theory, and demonstrates that there is no position outside history for an absolutely objective or eternally valid view of human nature. The question "what is human?" does not have and could not possible have one answer. Instead, there exists a variety of answers for different purposes, and there are good reasons for the many conceptions of what it is to be human. Smith does not treat human nature as only biological, economic, or moral, but as a multidimensional subject that should be considered in its proper historical context. By understanding this context, Smith believes, we can come to a truer understanding of ourselves. Persuasively and elegantly written, _Being Human_ takes an important new turn in the philosophical study of being human. (shrink)

A deferred prosecution agreement, or DPA, allows a corporation, instead of proceeding to trial on a criminal charge, to settle matters with the state by acknowledging the facts on which any charge would be based, pay a reduced fine, and agree to change the way they conduct business. Critics of DPAs have suggested that, because the defendant corporation must pay a fine and submit to structural reform without having been found guilty at trial, DPAs violate the Presumption of Innocence. This (...) paper argues that they do not. The paper appeals to the role of civic trust in a liberal political community. The obligations a corporation assumes in a DPA can be framed as a reasonable retributive response to a breach by that corporation of the community’s laws, and an appropriate reassurance by that corporation to the community that such breaches will not reoccur. This framing is sufficient to deny that DPAs violate the Presumption of Innocence. (shrink)

This is the most up-to-date, brief and accessible introduction to Kant's ethics available. It approaches the moral theory via the political philosophy, thus allowing the reader to appreciate why Kant argued that the legal structure for any civil society must have a moral basis. This approach also explains why Kant thought that our basic moral norms should serve as laws of conduct for everyone. The volume includes a detailed commentary on Foundations of the Metaphysics of Morals, Kant's most widely studied (...) work of moral philosophy. The book complements the author's much more comprehensive and systematic study Immanuel Kant's Moral Theory, a volume that has received the highest critical praise. With its briefer compass and non-technical style this new introduction should help to disseminate the key elements of one of the great modern philosophies to an even wider readership. (shrink)

Offers an in-depth exposition of the Confucian conception of persons as the starting point of Confucian ethics.

Corporate behaviour is often regulated through the criminal law by means of reverse onus offences. Such offences are alleged to involve violations of the Presumption of Innocence. Such allegations almost always assume natural persons as defendants. The arguments supporting reverse onus offences are typically instrumental, to do with the importance of the social goals promoted and the ease of proof. The Presumption of Innocence is taken to be an autonomy right of natural persons and so not subject to being sidelined (...) for reasons of law enforcement expediency. Corporations, however, are not natural persons: they have no autonomy right not to be treated as means. It may well be, then, that reverse onus offences are justified in the case of corporate defendants. I argue that the Presumption is not violated by such offences in the case of corporate defendants. I develop a broad concept of the criminal justice system as an allocative system, and argue that reverse onus offences properly allocate the burden of proof for corporations. Specifically, I argue that the normative demand for legal innocence is sufficiently met by the availability of a due diligence defence; that the responsibility of corporations when prohibited harms occur is properly a form of outcome-responsibility; and that taking into account issues of reciprocity, legitimacy and power reverse onus offences justly allocate the burden of proof in the case of corporate defendants. (shrink)

In everyday parlance, "inhibition" suggests repression, tight control, the opposite of freedom. In medicine and psychotherapy the term is commonplace, its definition understood. Relating how inhibition—the word and the concept—became a bridge between society at large and the natural sciences of mind and brain, Smith constructs an engagingly original history of our view of ourselves. Not until the late nineteenth century did the term "inhibition" become common in English, connoting the dependency of reason and of civilization itself on the repression (...) of "the beast within." This usage followed a century of Enlightenment thought about human nature and the nature of the human mind. Smith traces theories of inhibitory control from the moralistic psychologies of the early nineteenth century to the famous twentieth-century schools of Sherrington, Pavlov, and Freud. He finds that the meanings of "inhibition" cross disciplinary boundaries and outline the growth of our belief in the self-regulated person. (shrink)

It is something of a commonplace of Butlerian interpretation that the main interest and achievements of Butler's moral philosophy are in normative ethics, and not metaethics. He wishes to bring moral enlightenment to citizens and not, to philosophers, epistemological enlightenment. Nonetheless for that he makes a number of remarks which, if we were collecting for some bizarre purpose metaethical forms of words, we would note down and include in our collection. Thus he makes some progress towards the development of a (...) moral epistemology, a theory of moral judgment. My purpose here is to assess those steps, and to see how far the structure which results can be called a theory. I have the impression that much of the reluctance among scholars to allow that Butler does have a theory of moral judgment is caused by the metaethical blinkers that they themselves wear; what is in fact the beginnings of an unfashionable and unconventional theory is seen as unsophisticated confusion. But I shall not overdo praise of Butler. I shall suggest that Aristotle does a somewhat better job of developing this type of theory. (shrink)

It is something of a commonplace of Butlerian interpretation that the main interest and achievements of Butler's moral philosophy are in normative ethics, and not metaethics. He wishes to bring moral enlightenment to citizens and not, to philosophers, epistemological enlightenment. Nonetheless for that he makes a number of remarks which, if we were collecting for some bizarre purpose metaethical forms of words, we would note down and include in our collection. Thus he makes some progress towards the development of a (...) moral epistemology, a theory of moral judgment. My purpose here is to assess those steps, and to see how far the structure which results can be called a theory. I have the impression that much of the reluctance among scholars to allow that Butler does have a theory of moral judgment is caused by the metaethical blinkers that they themselves wear; what is in fact the beginnings of an unfashionable and unconventional theory is seen as unsophisticated confusion. But I shall not overdo praise of Butler. I shall suggest that Aristotle does a somewhat better job of developing this type of theory. (shrink)

Abstract.Legal philosophy must consider the way in which laws function as reasons for action. “Simple positivism” considers laws as merely reasons in the balance of reasons. Joseph Raz, as a representative of “sophisticated positivism,” argues that laws are exclusionary reasons for action, not merely reasons in the balance of reasons. This paper discusses Raz's arguments for his view. The Functional Argument provides no more reason for positivism than against it. The Phenomenological Argument is best supported by an account of how (...) character traits function in explaining behaviour. But then the distinction between exclusionary reasons and expressive reasons is obliterated. Legal positivism cannot absorb laws as expressive reasons for action. Raz's positivism implies the correctness of an anti‐positivistic legal theory. (shrink)