This festschrift collects a number of insightful essays by a group of accomplished Christian scholars, all of who have either worked with or studied under Hendrik Hart during his 35-year tenure as Senior Member in Systematic Philosophy at the Institute for Christian Studies, Toronto, Canada.

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Epistemic theories of truth, such as those presumed to be typical for anti-realism, can be characterised as saying that what is true can be known in principle: p → ◊Kp. However, with statements of the form “p & ¬Kp”, a contradiction arises if they are both true and known. Analysis of the nature of the paradox shows that such statements refute epistemic theories of truth only if the the anti-realist motivation for epistemic theories of truth is not taken into account. (...) The motivation in a link of understandability ans meaningful- ness suggests to change the above principle and to restrict the theory to logically simple sentences, in which case the paradox does not arise. This suggestion also allows to see the deep philosophical problems for anti-realism those counterexamples are pointing at. (shrink)

I argue that Deutsch’s model for the behavior of systems traveling around closed timelike curves relies implicitly on a substantive metaphysical assumption. Deutsch is employing a version of quantum theory with a significantly supplemented ontology of parallel existent worlds, which differ in kind from the many worlds of the Everett interpretation. Standard Everett does not support the existence of multiple identical copies of the world, which the D-CTC model requires. This has been obscured because he often refers to the branching (...) structure of Everett as a “multiverse”, and describes quantum interference by reference to parallel interacting definite worlds. But he admits that this is only an approximation to Everett. The D-CTC model, however, relies crucially on the existence of a multiverse of parallel interacting worlds. Since his model is supplemented by structures that go significantly beyond quantum theory, and play an ineliminable role in its predictions and explanations, it does not represent a quantum solution to the paradoxes of time travel. (shrink)

In Epistemic Two-Dimensional Semantics, David Chalmers seeks to develop a version of 2-D semantics which can vindicate the rationalist claim that there are constitutive connections between meaning, possibility and a priority. Chalmers lays out different ways of filling in his preferred epistemic approach to 2-D semantics so as to avoid controversial philosophical assumptions. In these comments, however, I argue that there are some distinctively rationalist commitments in Chalmers's epistemic approach to 2-D semantics. I start by explaining why Chalmers's approach requires (...) a canonical language that affords subjects accurate a priori access to the space of possibility. I then argue that traditional worries about rationalism will simply re-emerge as worries about whether there can be a canonical vocabulary and how we could come to recognize one if there were. The moral is that Chalmers's 2-D semantic framework builds in substantive metaphysical and epistemological commitments which stand in need of further defense. (shrink)

Group selection is increasingly being viewed as an important force in human evolution. This paper examines the views of R.D. Alexander, one of the most influential thinkers about human behavior from an evolutionary perspective, on the subject of group selection. Alexander's general conception of evolution is based on the gene-centered approach of G.C. Williams, but he has also emphasized a potential role for group selection in the evolution of individual genomes and in human evolution. Alexander's views are internally inconsistent and (...) underestimate the importance of group selection. Specific themes that Alexander has developed in his account of human evolution are important but are best understood within the framework of multilevel selection theory. From this perspective, Alexander's views on moral systems are not the radical departure from conventional views that he claims, but remain radical in another way more compatible with conventional views. (shrink)

This essay concerns Scott Shapiro's criticism that H.L.A. Hart's theory of law suffers from a Although other philosophers of law have summarily dismissed Shapiro's criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro's planning theory of law is that it can explain this phenomenon. (...) Despite these sympathies, however, I end with the suggestion that Shapiro's criticism of Hart, as it stands, is incomplete. Careful attention to Hart's notion of the internal point of view indicates that he was aware that legal justification ends with abstract objects, not practices, and that he offered his own explanation of this phenomenon. (shrink)

In his “Noesis and Logos in the Eleatic Trilogy, with a Focus on the Visitor’s Jokes at Statesman 266a-d,” Mitchell Miller explores the interplay of intuition and discourse in the Statesman. He prepares by considering the orienting provocations provided by Socrates’ refutations of the proposed definition of knowledge — namely, “true judgment and a logos” — in the closing pages of the Theaetetus, by the Eleatic Visitor’s obscure schematization at Sophist 253d-e of the kinds of eidetic field discerned by dialectic, (...) and by his discussion at Statesman 277a-278e of the use of paradigms. Miller then seeks to show how the Visitor’s odd medley of geometrical and Homeric jokes at Statesman 266a-d aims, in the language of the Seventh Letter, to “spark” an intuition of the nature of statesmanship, an intuition whose “self-nourishing” motivates the subsequent rejection of the initial definition of the statesman as shepherd of the human herd, the turn to the paradigm of the weaver, and the rejection of bifurcatory division in favor of the non-bifurcatory account of the kinds of art that function as the “limbs” of a well-formed city. (shrink)

Cela fait maintenant dix ans que Nicola Lacey nous a livré cette saisissante biographie de l’illustre juriste britannique H.L.A. Hart, intitulée A Life of H.L.A. Hart, the Nightmare and the Noble Dream. La tâche n’était pas aisée. D’une part, Hart est sans doute le juriste le plus lu du monde anglo-saxon, et comme certains ont pu le remarquer, il est parfois compliqué d’écrire sur Hart étant donné que tout le monde a débuté ses études de droit (...) avec la lecture du Concept de droit. Pour cette... (shrink)

Book Information Hume's Reason. By D. Owen. Oxford University Press. Oxford. 1999. Pp. x + 234. Hardback, £30.00.

Hicrî birinci yüzyılın sonu ile ikinci yüzyılın ortalarında yaşamış bulunan Ca‘fer-i Sâdık ve Ebû Hanîfe, akran iki âlimdir. Kûfe’de yetişen ve Ehl-i sünnet mezheplerinden birinin imamı olan Ebû Hanîfe’nin, Medine’de yetişen ve İsnâaşeriyye’nin altıncı imamı kabul edilen Ca‘fer ile bir araya geldiği ve onun talebesi olduğu hem sünnî hem Şiî kaynaklarda rivayet edilmektedir. Mukaddem kaynaklarda Ebû Hanîfe’nin Ca‘fer-i Sâdık’ın öğrencisi olduğu yönündeki ifadelerin, muahhar kaynaklarda abartılı bir şekilde yorumlandığı görülmüştür. Bu çalışmada Ebû Hanîfe ile Ca‘fer-i Sâdık arasındaki hoca-talebe ilişkisi netleştirilmeye (...) çalışılmıştır. Bu sebeple öncelikle kısaca her iki imamın hayatı ele alınarak onların ilmî birikimi tespit edilmiştir. Akabinde Ebû Hanîfe ile Ca‘fer’in ne zaman ve ne kadar süre birlikte oldukları, Ebû Hanîfe’nin Ehl-i beyt’e yönelik tutumunun Ca‘fer’den ilim almasında ne gibi bir etkisinin bulunduğu ve çeşitli ilim dallarında Ebû Hanîfe- Ca‘fer ilişkisi tespit edilmeye çalışılmıştır. (shrink)

Several years ago I prepared a point-by-point response to this postscript as a working paper for the NYU Colloquium in Legal, Moral and Political Philosophy. I have not yet published that paper, but I understand that copies of it are in circulation. I do not intend to recapitulate the arguments of that working paper, but instead to concentrate on one aspect of Hart's Postscript, which is his defence of Archimedean jurisprudence. I shall have something to say about his own (...) legal philosophy, which was a form of legal positivism. But I shall mainly be concerned about the method that he said generated his legal positivism. (shrink)

Abstract An anonymous manuscript from the fourteenth or early fifteenth century, recently discovered, apparently transmitted Thierry of Chartres's philosophical theology to Nicholas of Cusa around 1440. Yet the author of the treatise is not endorsing Thierry's views, as both Cusanus and modern readers have assumed, but in fact is writing in order to refute them. Curiously the author never mentions Thierry's best known triad of unitas, aequalitas and conexio . But a careful comparison of the structure of the author's argument (...) to Thierry's extant works shows that the author was nevertheless quite familiar with the Breton master's writings. The reatise's author offers an incisive critique of Thierry's theory of “four modes of being“ and rejects two of the modes in particular. From this new perspective, the manuscript can be valued as the first known evidence of Thierry of Chartres's late medieval reception. (shrink)

This paper explores R. D. Laing's application of existential and phenomenological tradtions, specifically Hegel and Heidegger, to his groundbreaking work with psychotic process as well as psychotherapeutic practice more generally.

McFarland and Crouch reported substantial positive correlations between the Implicit Association Test and response speed and between IATs assessing racism or self-esteem and ostensibly unrelated control IATs. Using an IAT measure in millisecond-difference score format, they concluded that the IAT was confounded with general cognitive ability. A reanalysis of these data using the D measure eliminated the speed of responding confound, although it did not eliminate the correlation between the control and racism IATs. The study was replicated and the two (...) correlations, paralleling those in the original study, emerged for the millisecond-difference score. However, both were reduced to nonsignificance by use of the D measure. These findings are consistent with other recent studies that document the protection afforded by D against cognitive skill confounds. (shrink)

The author of this perceptive but sometimes rather obscure study treats a number of the major long works of modern poets as expressions of the common theme of metamorphosis. Not only do the metamorphoses of classical mythology figure prominently in the subject matter of works like The Waste Land and the Cantos, but the notion of metamorphosis has become an important means of conveying the "message" of such works: modern man's "need and desire to transcend the psychologically repressive conditions of (...) his mechanized milieu." Sister Quinn is most clear and convincing when she is interpreting poems as literary creations, less so when she attempts to describe, in philosophical terms, what they mean or express.--L. H. (shrink)

The author of this perceptive but sometimes rather obscure study treats a number of the major long works of modern poets as expressions of the common theme of metamorphosis. Not only do the metamorphoses of classical mythology figure prominently in the subject matter of works like The Waste Land and the Cantos, but the notion of metamorphosis has become an important means of conveying the "message" of such works: modern man's "need and desire to transcend the psychologically repressive conditions of (...) his mechanized milieu." Sister Quinn is most clear and convincing when she is interpreting poems as literary creations, less so when she attempts to describe, in philosophical terms, what they mean or express.--L. H. (shrink)

What is the status of a cat in a virtual reality environment? Is it a real object? Or part of a fiction? Virtual realism, as defended by D. J. Chalmers, takes it to be a virtual object that really exists, that has properties and is involved in real events. His preferred specification of virtual realism identifies the cat with a digital object. The project of this paper is to use a comparison between virtual reality environments and scientific computer simulations to (...) critically engage with Chalmers’s position. I first argue that, if it is sound, his virtual realism should also be applied to objects that figure in scientific computer simulations, e.g. to simulated galaxies. This leads to a slippery slope because it implies an unreasonable proliferation of digital objects. A philosophical analysis of scientific computer simulations suggests an alternative picture: The cat and the galaxies are parts of fictional models for which the computer provides model descriptions. This result motivates a deeper analysis of the way in which Chalmers builds up his realism. I argue that he buys realism too cheap. For instance, he does not really specify what virtual objects are supposed to be. As a result, rhetoric aside, his virtual realism isn’t far from a sort of fictionalism. (shrink)

The growing block view of time holds that the past and present are real whilst the future is unreal; as future events become present and real, they are added on to the growing block of reality. Surprisingly, given the recent interest in this view, there is very little literature on its origins. This paper explores those origins, and advances two theses. First, I show that although C. D. Broad’s Scientific Thought provides the first defence of the growing block theory, the (...) theory receives its first articulation in Samuel Alexander’s Space, Time, and Deity. Further, Alexander’s account of deity inclines towards the growing block view. Second, I argue that Broad shifted towards the growing block theory as a result of his newfound conviction that time has a direction. By way of tying these theses together, I argue that Broad’s views on the direction of time – and possibly even his growing block theory – are sourced in Alexander. (shrink)

Book Information Substantial Knowledge: Aristotle's Metaphysics. Substantial Knowledge: Aristotle's Metaphysics C.D.C. Reeve Hackett Publishing Company, Inc. 2000 xviii + 322 US$34.95 By C.D.C. Reeve. Hackett Publishing Company, Inc.. Pp. xviii + 322. US$34.95.

We outline the rather complicated history of attempts at axiomatizing Jaśkowski’s discussive logic $$\mathbf {D_2}$$ D2 and show that some clarity can be had by paying close attention to the language we work with. We then examine the problem of axiomatizing $$\mathbf {D_2}$$ D2 in languages involving discussive conjunctions. Specifically, we show that recent attempts by Ciuciura are mistaken. Finally, we present an axiomatization of $$\mathbf {D_2}$$ D2 in the language Jaśkowski suggested in his second paper on discussive logic, by (...) following a remark of da Costa and Dubikajtis. We also deal with an interesting variant of $$\mathbf {D_2}$$ D2, introduced by Ciuciura, in which negation is also taken to be discussive. (shrink)

To understand H.L.A. Hart's general theory of law, it is helpful to distinguish between substantive and methodological legal positivism. Substantive legal positivism is the view that there is no necessary connection between morality and the content of law. Methodological legal positivism is the view that legal theory can and should offer a normatively neutral description of a particular social phenomenon, namely law. Methodological positivism holds, we might say, not that there is no necessary connection between morality and law, but (...) rather that there is no connection, necessary or otherwise, between morality and legal theory. The respective claims of substantive and methodological positivism are, at least on the surface, logically independent. Hobbes and Bentham employed normative methodologies to defend versions of substantive positivism, and in modern times Michael Moore has developed what can be regarded as a variant of methodological positivism to defend a theory of natural law. (shrink)

The Postscript to The Concept of Law contains Herbert Hart's only sustained and considered response to the objections pressed against his views by his distinguished critic, Ronald Dworkin. In this extraordinary collection, many of the leading legal philosophers in the world evaluate the success of Hart's responses to Dworkin on several of these counts. Notable contributors include Joseph Raz of Oxford University and Jules L. Coleman of the Yale Law School.

The article responds to the objections M.D. Ashfield has raised to my recent attempt at saving epistemic contextualism from the knowability problem. First, it shows that Ashfield’s criticisms of my minimal conception of epistemic contextualism, even if correct, cannot reinstate the knowability problem. Second, it argues that these criticisms are based on a misunderstanding of the commitments of my minimal conception. I conclude that there is still no reason to maintain that epistemic contextualism has the knowability problem.

In selected texts by Diderot, including the Encyclopédie article “Cabinet d’histoire naturelle” (along with his comments in the article “Histoire nat-urelle”), the Pensées sur l’interprétation de la nature and the Salon de 1767, I examine the interplay between philosophical naturalism and the recognition of the irreducible nature of artifice, in order to arrive at a provisional definition of Diderot’s vision of Nature as “une femme qui aime à se travestir.” How can a metaphysics in which the concept of Nature has (...) a normative status, also ultimately consider it to be something necessarily artificial? Historically, the answer to this question involves the project of natural history. A present-day reconstruction would have to make sense of this project and relate it to the vision of Nature expressed in Diderot’s phrase. In addition, it would hopefully pinpoint the difference between this brand of Enlightenment naturalism and contemporary naturalism, and by extension, allow us to understand a bit more about what naturalism is in general. (shrink)

So much of Africana philosophical research and scholarship has focused on personal, anecdotal experiences to tell/disclose larger intellectual narratives of race, nation, history, time, and space.1 Yet the personal nature in which Africana philosophy articulates itself has often been seen as particular and not yet universal—in other words, not rightly or properly “philosophical.” But understood methodologically, the sort of introspection inherent in Africana philosophy becomes not only one way of “doing” philosophy but the grounding for philosophical insight.2 Kendrick Lamar’s album (...) good kid, m.A.A.d. city provides for us an example of such methodological insight, proper for “doing” philosophy.3In characterizing... (shrink)

_ Source: _Volume 10, Issue 3, pp 349 - 369 A theory of causation suitable for historiography must accommodate the many types of causal claims historians make. In this paper, I examine the advantages of applying D. K. Lewis’s counterfactual theory of causation to the philosophy of historiography. I contend that Lewis’s possible world semantics offers a superior framework for making sense of historical causation, and that it lays the foundation for historians to look at history as causal series of (...) events, remaining agnostic as to whether there may be historical regularities or laws. Lewis’s theory can also accommodate important notions often used by historians, such as absences as causes, historical necessity and contingency, and the role they play in the formulation of historical counterfactuals. (shrink)

Hart's "Ascription of Responsibility and Rights" is where we find perhaps the first clear pronouncement of defeasibility and the technical introduction of the term. The paper has been criticised, disavowed, and never quite fully redeemed. Its lurid history is now being used as an excuse for dismissing the importance of defeasibility.

The December 2008 White Paper (WP) on “Brain Death” published by the President’s Council on Bioethics (PCBE) reaffirmed its support for the traditional neurological criteria for human death. It spends considerable time explaining and critiquing what it takes to be the most challenging recent argument opposing the neurological criteria formulated by D. Alan Shewmon, a leading critic of the “whole brain death” standard. The purpose of this essay is to evaluate and critique the PCBE’s argument. The essay begins with a (...) brief background on the history of the neurological criteria in the United States and on the preparation of the 2008 WP. After introducing the WP’s contents, the essay sets forth Shewmon’s challenge to the traditional neurological criteria and the PCBE’s reply to Shewmon. The essay concludes by critiquing the WP’s novel justification for reaffirming the traditional conclusion, a justification the essay finds wanting. (shrink)

Reading Kevin Hart’s creative hermeneutic of the ‘basileic’ reduction in his latest book, Kingdoms of God, naturally leads me to consider another eminent linguistic phenomenologist who continually occupies my thoughts. Although I have been reading Hart now for about 25 years, I have been reading Paul Ricoeur for a decade longer than that, and it is his theory of poetic discourse that my mind keeps tenaciously associating with Hart’s perspectives on parable. Granted, Hart never mentions Ricoeur (...) in Kingdoms of God—unless my careful reading is not so careful and I missed it! In Trespass of the Sign, however, he does note Ricoeur’s significance as a hermeneutical philosopher, specifically his emphasis on the distinction between the hermeneutics of faith and the hermeneutics of suspicion. Also, in an article on John Caputo’s postsecular philosophy of ‘religion without religion,’ Hart makes a brief comment on Ricoeur’s apparent Hegelianism with reference to a general theory of revelation as nonreligious and nontheistic. Still, nowhere that I know of does he extensively address Ricoeur’s fascinating discourse theory regarding metaphor, mimesis, narrative, and parable. If great minds think alike, then Hart and Ricoeur are, indeed, great minds, for, truly, Ricoeur’s reflections on parables and the Kingdom offer an intriguing gloss on Hart’s parabolic ‘basileiology.’ Translating Hart into Ricoeur, therefore, is, in my mind, an easy and profitable exercise that may well enhance the provocative character of Hart’s basileic reduction. Such a translation is the central purpose of this essay. (shrink)

Some philosophers, like Alex Rosenberg, claim that natural science delivers epistemic values such as knowledge and understanding, whereas, say, literature and, according to some, literary studies, merely have aesthetic value. Many of those working in the field of literary studies oppose this idea. But it is not clear exactly how works of literary art embody knowledge and understanding and how literary studies can bring these to the light. After all, literary works of art are pieces of fiction, which suggests that (...) they are not meant to represent the actual world. How then can they deliver knowledge and understanding? I argue that literature and literary studies confer knowledge and understanding in at least five ways: they give us insight into the work and the world of the work of art in question, they shape our intellectual virtues, they invite us to apply various hypotheses, they deliver moral propositional knowledge, and they increase or bring about full understanding with respect to meaning, virtue, and significance. In the course of my argument, I refer at several junctures to Thomas Hardy’s Tess of the D’Urbervilles and Edith Wharton’s Summer, in order to illustrate each of these claims. (shrink)

What is a social rule? This paper first notes three important problems for H.L.A. Hart's famous answer in the Concept of Law. An alternative account that avoids the problems is then sketched. It is less individualistic than Hart's and related accounts. This alternative account can explain a phenomenon observed but downplayed by Hart: the parties to a social rule feel that they are in some sense 'bound' to conform to it.

This paper investigates the objections that were raised by the philosopher ‘Abd al-La&tdotu;īf al-Baghdādī against al-&Hdotu;asan ibn al-Haytham’s geometrisation of place. In this line of enquiry, I contrast the philosophical propositions that were advanced by al-Baghdādī in his tract: Fī al-Radd ‘alā Ibn al-Haytham fī al-makān, with the geometrical demonstrations that Ibn al-Haytham presented in his groundbreaking treatise: Qawl fī al-Makān. In examining the particulars of al-Baghdādī’s fragile defence of Aristotle’s definition of topos as delineated in Book IV of the (...) Physics, which was rejected on mathematical grounds by Ibn al-Haytham, a special attention is also given to highlighting the systemic distinctions between the entities that are studied within the speculative physical doctrines of common sense and immediate experience, and the postulated ‘objects’ of scientific and mathematical research. (shrink)

Abstract. The paper begins by challenging Hart's argument aimed to show that sanctions are not part of the concept of law. It shows that in the "minimal" legal system as understood by Hart, sanctions may be required for keeping the legal system efficacious. I then draw a methodological conclusion from this argument, which challenges the view of Hart (and his followers) that legal philosophy should aim at discovering some general, politically neutral, conceptual truths about law. Instead, the (...) aim should be to discover the values because of which certain things in the world are classified as law and others as non-law. Focusing on those would give us a more insight to the roles law plays in society, as well as more illuminating answers to traditional jurisprudential questions like the status of law in evil regimes. (shrink)

The paper discusses the Anglo-American philosophy of law of the 20th century, more specifically the philosophy of law of Ronald Myles Dworkin and his criticism of the legal positivism of Herbert Lionel Adolphus Hart. The author presents the history of the criticism of legal positivism in Ronald Dworkin’s philosophy of law and distinguishes historical stages. The subject of the study is the critique of legal positivism but not the Hart-Dworkin debate itself, well known in Western philosophy of law. (...) The reason is that the discussion was conducted between Dworkin and Hart’s supporters but not between Dworkin and Hart by himself. The latter responded to the criticism only after twenty seven years. The article explains why Dworkin chose for his criticism Herbert Hart’s version of legal positivism. This is due to the fact that Dworkin highly appreciated Hart’s positivist theory of law and characterized it as the “most clear.” The article presents the methodological foundations of criticism of Hart’s legal positivism in Dworkin’s philosophy of law. It reveals a methodological divergence between the two legal theories, which directly affects the understanding of the concept of law and its content. Therefore, we can assume that the legal theories of Hart and Dworkin are two competing models of law: Dworkin’s model considers law as a set of rules and principles and Hart’s model acknowledges only rules and court decisions as a source of law. The article also presents the key principles of positivism criticized by Dworkin. These principles, firstly, interpret law as a set of legal rules determined through a special legal criterion, secondly, provide the judge with an opportunity to make a decision “at his own discretion” in a situation not regulated by law, and, thirdly, recognize only legal rights and obligations enshrined in legal regulations. It is important to note that in this article the author describes criticism as an independent phenomenon of legal philosophy with a particular focus on the history and foundations of this phenomenon. (shrink)