This book brings together a collection of specially commissioned essays on the theme of Nietzsche's cultural critique and its use in and effect on educational ...

What is human finitude? What is objectivity? What is culture? What is truth? Reading Across the Divide brings together critical essays from the continental and analytic traditions in philosophy. The selection is geared towards a better understanding of philosophical problems by combining the perspectives from both sides of the divide between analytic and continental philosophy. The specific ordering of the texts and the short introductions to them facilitate this better understanding. Although it is true that the introductions, selections of texts, (...) and the ordering of them could be seen to imply a particular philosophical interpretation, the editors are adamant that this is by no means the only possible view. The editors do take a firm stance against what they take to be the infertile political division in philosophy between analytic and continental philosophy. (shrink)

Plato's Euthyrphro, Apology, andCrito portray Socrates' words and deeds during his trial for disbelieving in the Gods of Athens and corrupting the Athenian youth, and constitute a defense of the man Socrates and of his way of life, the philosophic life. The twelve essays in the volume, written by leading classical philosophers, investigate various aspects of these works of Plato, including the significance of Plato's characters, Socrates's revolutionary religious ideas, and the relationship between historical events and Plato's texts.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

Thomas Aquinas argues that baptism is necessary for salvation. However, he entertains a scenario described by Ambrose of Milan, such that Emperor Valentinian II converted to Christianity and was intending to be baptized but died before the sacrament could be performed. Aquinas argues that the Emperor could have achieved salvation without being baptized with water because he desired baptism and that desire was the result of his faith in God. In this paper, I offer a short treatment of Aquinas’s (...) view of baptism, his handling of the Valentinian II case, and his arguments concerning the efficacy of the baptism of desire. I conclude with a brief discussion of Aquinas’s treatment of the case of Cornelius the centurion, which illustrates how Aquinas’s view of baptism of desire and implicit faith can apply to those individuals who have no access to or connection with the Church. (shrink)

The so-called "problem of religious language" is a philosophical problem generated by some of the doctrines of classical theism. For example, if one conceives of God as infinite, then it would seem that words used to describe finite creatures might not adequately describe him. The ambiguity in meaning with respect to the divine names is the "problem of religious language" or the "problem of naming God." ;There are three possible solutions to the problem of naming God: the equivocal approach, the (...) analogical approach, and the univocal approach. The equivocal view argues that words used with respect to God have a different meaning than the same words used with respect to creatures. After outlining Maimonides' view of equivocity, I argue that his approach limits speech about God to divine actions and negations. Given the richness of the monotheistic traditions and their assumption that truths about God can be communicated about God beyond the divine actions, this position seems unlikely. ;The univocal view argues that words used with respect to God are used in the same sense as when they are applied to creatures. After outlining William Alston's view of univocity, I argue that Alston's approach is to be rejected because it cannot accommodate the differences between God and human beings with respect to perfection. Alston's commitment to the functional interpretation of mental concepts permits him to predicate terms of God and of human beings that he alleges to be "partially univocal." I argue that on the basis of functionalism, only complete univocity could exist between God and human beings and that Alston, himself, rejects complete univocity between God and human beings on the basis of divine perfection. ;The analogical view argues that words used with respect to God signify the same thing as words used with respect to creatures, but in a different mode. I argue that the analogical approach of Thomas Aquinas provides the best means of naming God within the context of classical theism and that it does not fall prey to those problems faced by the equivocal and the univocal views. (shrink)

This anthology applies phenomenological concepts and methods to issues of philosophical theology and philosophical theology and philosophy: the being and nature of God, and the divine modes of relatedness to nature, to society, and to the self. Essays in Phenomenological Theology contains previously unpublished papers by Iso Kern, J. N. Findlay, Charles Courtney, Thomas Prufer, Robert Williams, James Hart, Steven Laycock, and James Buchanan. It is the first volume to assemble an entire spectrum of phenomenological-theological ideas, including those (...) of neo-Platonic meditation, phenomenological neo-Thomism, Hegelian phenomenological dialectics, Husserlian transcendental reflection, and post-modern deconstructive iconoclasm. The book will be useful to philosophers and theologians seeking an enriched understanding of the rapidly-burgeoning discipline of phenomenological theology, and promises unexpected insights even to seasoned phenomenologists seeking to expand their horizons. (shrink)

Thomas Aquinas' treatment of Moses Maimonides' via negativa has been frequently called into question. In particular, some contemporary Maimonideans have argued that Aquinas grossly misunderstands Maimonides. Other scholars argue that Maimonides' defense of his own position provides insuperable challenges to alternative ways of naming God, despite the problems Aquinas raised with the via negativa. In this article, the author attends to Aquinas' two objections to Maimonides in Summa theologiae I.13.2 in order to see if these objections are valid and (...) further, to see if Aquinas mischaracterizes Maimonides in this passage, as some have alleged. Before addressing the question of whether or not Aquinas understood Maimonides, the author offers also a brief introduction to the historical debate over religious language in the Middle Ages. /// O tratamento da via negativa de Moisés Maimónides por S. Tomás de Aquino tem sido frequentemente posta em questão. De um modo particular, os seguidores contemporâneos de Maimónides têm argumentado que S. Tomás compreendeu mal o pensador Judeu. Outros especialistas argumentam que a defesa de Maimónides da sua própria posição fornece desafios insuperáveis às maneiras alternativas de nomear Deus apesar das dificuldades identificadas por S. Tomás com a via negativa. Neste artigo, a autora ocupa-se sobretudo de duas objecções de S. Tomás de Aquino a Maimónides na Summa theologiae Ia.13.2, a fim de verificar a validade destas objecções e também para ver se S. Tomás não terá compreendido mal Maimónides nesta passagem, tal como alguns têm alegado. Antes de tratar a questão de saber se sim ou não S. Tomás compreendeu correctamente a Maimónides, a autora oferece uma breve introdução ao debate histórico sobre a linguagem religiosa na Idade Média. (shrink)

In this work, Mercedes Rubio argues that St. Thomas Aquinas’s In I Sent., d. 2, q. 1, a. 3 is his final reading of Moses Maimonides’ Guide of the Perplexed on the topic of the knowledge of God. According to Rubio, this text reveals the influence of the Guide on Aquinas’s doctrine of the divine attributes, his understanding of the role of faith and his Five Ways.Rubio’s central thesis is most likely to be met with skepticism, since many scholars (...) who work on both Aquinas and Maimonides readily acknowledge Maimonides’ influence on the development of a number of Aquinas’s ideas, including the Five Ways. With respect to her central thesis, then, Rubio painstakingly reconstructs the history of the Quaestio, arguing that it was written around 1266, roughly fourteen years after the original Commentary was composed, and then inserted back in the Commentary on the Sentences. Rubio argues further that Aquinas wrote the Quaestio in order to respond to allegations against the writings of Peter of Tarantasia to the effect that. (shrink)

Hart's defense of the separation of law and morality is partly based on his refusal to accept Radbruch's solution of the well‐known grudge informer case, in his famous article “Statutory Injustice and Suprastatutory Law.” In this paper, I present a detailed reconstruction of the “debate” between Radbruch and Hart on this case. I reach the conclusion that Hart fails to address the issue that was Radbruch's primary concern, namely the legal position of the judiciary when dealing with (...) criminal statutes. I suggest that Hart's separation thesis cannot be upheld in the face of this concern. In my argument, Hart's mistaken understanding of the verdict of the Oberlandesgericht Bamberg that he refers to plays a crucial role. (shrink)

The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin's traditional account. The main argument for this thesis is that in its more modern versions legal moralism is immune to some of the forceful challenges made (...) to Devlin by Hart, Dworkin and Feinberg among others. Second, however, the paper challenges the new generation of legal moralists and suggests some areas for further development. Although Devlin's position has been scrutinized thoroughly in the literature on the philosophy of law, there has, to my knowledge, been no comparable, systematic critique of these different proponents of legal moralism. (shrink)

The editors, Thomas Nenon and Hans Rainer Sepp, of Husserl's Aufsdtze und Vortri~ge (1922-1937) (Dordrecht: Kluwer, 1989) have given us a fascinating present with quite a few surprises. I would like to take this occasion to thank them publicly for their able and selfless labors. Here we have Husserl attempting to address himself to a large philosophically untrained audience for funds of which he had dire need: he had two children getting married and the real value of his inflated (...) German annual income was worth $160.00. But, as he told a friend, what he was doing was as genuine philosophical work as what he would do for his Jahrbuch ffir Philosophie und phginomenologische Forschung. In many ways it is regrettable the work did not come to full fruition for the publication in the Jahrbuch because then the tensions and ambiguities we find here would have been perhaps less severe. (shrink)

Following a hint from Edmund Husserl, this paper explores the proximity of the phenomenological and aesthetic gazes. It does so with one particular poem in mind: “September Song” by Geoffrey Hill. The paper examines the ways in which the poem responds to a given situation, the death of a child in the Shoah, and responds to the ethical status of its own aesthetic gaze. Phenomenological perspectives by Merleau-Ponty, Levinas, Derrida, and Marion, are brought to bear on the questions considered, and (...) comparisons are made between Hill’s poem and similar poems by Dylan Thomas, Paul Celan, and W. S. Merwin. (shrink)

This edited collection includes contributions from expert philosophers of law and considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. (...) It includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law. (shrink)

In this work, Mercedes Rubio argues that St. Thomas Aquinas’s In I Sent., d. 2, q. 1, a. 3 is his final reading of Moses Maimonides’ Guide of the Perplexed on the topic of the knowledge of God. According to Rubio, this text reveals the influence of the Guide on Aquinas’s doctrine of the divine attributes, his understanding of the role of faith and his Five Ways.Rubio’s central thesis is most likely to be met with skepticism, since many scholars (...) who work on both Aquinas and Maimonides readily acknowledge Maimonides’ influence on the development of a number of Aquinas’s ideas, including the Five Ways. With respect to her central thesis, then, Rubio painstakingly reconstructs the history of the Quaestio, arguing that it was written around 1266, roughly fourteen years after the original Commentary was composed, and then inserted back in the Commentary on the Sentences. Rubio argues further that Aquinas wrote the Quaestio in order to respond to allegations against the writings of Peter of Tarantasia to the effect that. (shrink)

The early modern play Sir Thomas More, written by Anthony Munday, Henry Chettle, Thomas Dekker, Thomas Heywood, and William Shakespeare, takes an ecumenical viewpoint of the play's Catholic hero in order to conform to the expectations of the Master of the Revels and to appeal to a cross-confessional audience. The playwrights carefully construct the play within the confines of censorship by centering the play's action around More's dynamic personality instead of giving a full exposition of historical plot. (...) More's personality and famous wit function together as a means for diverting attention away from the controversy surrounding More's silent opposition to Henrician policy while subtly validating his martyrdom. The argument of this article examines the adaptation of the play's ideologically diverse source material, the playwrights’ use of martyrological conventions, and the subtle traces of Erasmian allusion and recusant rhetoric in its reading of the play. (shrink)

This paper identifies a volitional theory of meaning common to speech act theory and legal positivism, represented by Hart and Kelsen. This model is compared and contrasted with the model of social operations developed by Reid, a Common Sense Enlightenment philosopher. Whereas the former subscribes to the view that meaning is generated by acts of will, the latter finds meaning to consist of the dual elements of sign and 'directedness'.The ability of positivist theories to provide a structural account of (...) the difference between legal rules and other rules is inextricably linked to this commitment to the volitional theory of meaning. The commitment to the volitional view however leads to problems in requiring that some kind of authority be presupposed in for plain rules to attain legal force. Such authority can only be established with recourse to further rules or must be accepted as a matter of faith. Reid's criterion of direction however vitiates the need for an authority, instead accounting for social communication in general, and rules in particular, in terms of sociological factors. Although no comprehensive critique of the volitional theory is proposed, Reid's model is preferable on the grounds of explanatory richness.The core claims of the paper are that: legal positivism necessarily subscribes to the volitional theory of meaning; rejection of the volitional theory necessarily entails rejection of the positivist view that legal and non-legal rules can be differentiated on structural grounds another counter-model exists which avoids some of the pitfalls of the volitional theory; if the volitional theory is rejected then the existence of rules can only be accounted for in a 'strong' sociological sense and legal theory must accordingly accept the dominant role of sociology in conceptualising the nature of rules. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE GREAT GATSBY: ROMANCE OR HOLOCAUST? Thomas J. Cousineau Washington College In an otherwise appreciative response to The Great Gatsby, H. L. Mencken expressed a reservation about the plot ofthe novel, which he characterized as "no more than a glorified anecdote" (Claridge 156). Writing to Edmund Wilson, Fitzgerald suggested, in turn, that what Mencken did not find in Gatsby was "any emotional backbone at the very height of (...) it" (Turnbull 342). Critics ofthe novel, however, have tended to overlook the self-evident fact that the novel's ostensible emotional center—the reunion between Gatsby and Daisy—does not possess sufficient significance to justify the classic status that has been largely accorded to Fitzgerald's novel. We need only remember Daisy's effusive appreciation ofGatsby's "beautiful shirts," or the even more telling detail that the truly "romantic" moments in Daisy and Gatsby's relationship all occurred several years earlier in Louisville and that the period of the reunion is scarcely mentioned in the novel to convince ourselves that the putative grandeur of Gatsby's dream does not adequately account for the novel's power or its lasting significance. Reading Gatsby as a novel about its hero's dream makes of it, in fact, a precarious literary achievement, one whose numerous absurdities were perceptively delineated by the English novelist L.P. Hartley, who admired Fitzgerald's literary gifts but thought that he had squandered them in Gatsby. In a 1926 review of the novel, Hartley offered the following summary of its plot: An adventurer of shady antecedents builds a palace at a New York seaside resort, entertains on a scale which Lucullus would have marveled at but could not have approved, and spends untold sums ofmoney, all to 22Thomas J. Cousineau catch the eye ofhis one time sweetheart, who lives on an island opposite, unhappily but very successfully married. At last, after superhuman feats ofostentation and display, the fly walks into the web. A train ofdisasters follows, comparable in quantity and quality with the scale ofthe Great Gatsby's prodigies of hospitality. Coincidence leaps to the helm and throws a mistress under a motor-car. The car does not stop, which, all things considered, is the most natural thing that happens in the book. An injured husband finds the Great Gatsby in suicidal mood sitting on a raft in his artificial lake and (apparently) forestalls him; anyhowthey are both discovered dead. The elder Gatsby is unearthed and gives a pathetic account ofhis son's early years. All the characters behave as though they were entitled to grieve over a great sorrow, and the book closes with the airs oftragedy. (Claridge 178) Minor inaccuracies aside, this must be among the most cogent, disabused responses that the plot of The Great Gatsby has ever received. It is such a welcome antidote to the reams of interpretation ofthe novel produced by critics who, dutifully aping Nick Carraway in this respect, have allowed their conviction as to Gatsby's "greatness" to be matched only by their equally adamant certainty as to the moral tawdriness of Tom and Daisy Buchanan. As Hartley's exasperated summary reminds us, The Great Gatsby, read as the account ofthe eponymous hero's dream, simply cannot support the weight of morally serious interpretation that it would like to invite or that so many ofits critics, in their turn, would like to bestow upon it.1 Nor do we move any closer to appreciating the greatness of Gatsby by shiftingourattention tothe growth in moral awareness thatcountless critics have attributed toNick Carraway, whose self-evaluation as "one ofthe few honest people that I have ever known" (64) should in itself arouse our suspicions.2 As we shall see, the fruits ofNick's presumed moral education The seemingly indestructible resistance to Hartley's lucidity that has been displayed by the great majority ofthe novel's critics may be observed in the chapter that Jeffrey Hart devotes to Gatsby in his recently published Smiling Through the Cultural Catastrophe. Arguing that "magical transformation" is the novel's true subject (230), Hart credits Nick with achieving an "epiphany" whereby he recognizes Gatsby's superiority to "the whole damn bunch put together" (238) and concludes that the larger... (shrink)

David Schmidtz's reconstruction of morality advances Hart-type recognition rules for a “personal” and an “interpersonal” strand of morality. I argue that his view does not succeed for reasons owed both to the way in which Schmidtz construes of the task of reconstructing morality and the content of the moral recognition rules that he proposes. For Schmidtz, this task must be approached from a Hart-type “internal” perspective, but this leaves his reconstruction with an unresolved problem of parochiality. He reconstructs (...) morality as a pursuit of the aim of the flourishing of individuals as reflectively rational agents. However, while it is plausible to see reflective rationality as a good, it does not seem to be a morally fundamental good. Ways to instantiate or pursue it depend for their moral value on other, more fundamental moral values that are beyond the normative space mapped by Schmidtz's moral recognition rules. (shrink)

Eds. Christian Joerges and Navraj Singh Ghaleigh. With a Prologue by Michael Stolleis and an Epilogue by Joseph H. H. Weiler. Oxford: Hart. 2003. Pp. 416.

This chapter contains sections titled: The Varieties of Law and Literature Law and Fiction Hermeneutics Law as Narrative References.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.2 (2003) 251-263 [Access article in PDF] Notes and Discussions Nietzsche's Knowledge of Kierkegaard I. TWO OF THE MOST INTERESTING and influential of nineteenth-century thinkers are Nietzsche and Kierkegaard. There exist many striking similarities between the two: they were both critics of rationality, of idealism, and of the building of philosophical systems. Instead, their approach was more existential and psychological and they both (...) strongly emphasized the central position of the individual, personality, and subjectivity. There also exist important differences and oppositions between their thinking—of which the most important is the fact that Kierkegaard was a profoundly Christian-religious thinker, while Nietzsche regarded Christianity and religion as his main object of attack.Kierkegaard (1813-55) certainly could have had no knowledge of Nietzsche (1844-1900), and it is generally assumed that Nietzsche, apart from the name, had no knowledge of Kierkegaard's thinking. What makes it particularly tempting to discuss Nietzsche's relation to Kierkegaard, apart from their inherent similarities and differences and the fact that they are often discussed together, is that Nietzsche, in a letter to Georg Brandes from February 19, 1888, claims that he intended to study Kierkegaard: Ich habe mir für meine nächste Reise nach Deutschland vorgesetzt, mich mit dem psychologischen Problem Kierkegaard zu beschäftigen, insgleichen die Bekanntschaft mit Ihrer älteren Litteratur zu erneuern. Dies wird für mich, im besten Sinn des Worts, von Nutzen sein,—und wird dazu dienen, mir meine eigne Härte und Anmaaßung im Urtheil "zu Gemüthe zu führen."1 [End Page 251]Nietzsche lived in Nice when he wrote this, and never returned to Germany before his mental collapse in January 1889. Nietzsche's intention to study Kierkegaard was expressed in response to a letter from Brandes, where he recommended Kierkegaard to him. Es giebt ein nordischer Schriftsteller, dessen Werke Sie interessiren würden, wenn Sie nur übersetzt wären, Sören Kierkegaard, er lebte 1813-55 und ist meiner Ansicht nach einer der tiefsten Psychologen, die es überhaupt giebt. Ein Büchlein, das ich über ihn geschrieben habe (übersetzt Leipzig 1879) giebt keine hinreichende Vorstellung von seinem Genie, denn dies Buch ist eine Art von Streitschrift, geschrieben um seinen Einfluss zu hemmen. Es ist wohl aber in psychologischer Hinsicht entschieden das feinste, was ich veröffentlicht habe.2Much has been written about Nietzsche and Kierkegaard. There exist more than thirty studies which extensively treat this topic, 3 and it has been briefly mentioned or discussed by hundreds of commentators. Every commentator so far seems to have assumed that Nietzsche had no knowledge of Kierkegaard—except the little Brandes had mentioned in his letter from 1888. 4It is a common belief that Kierkegaard was internationally discovered first after the turn of the century. This is, however, true only in a very qualified sense. 5 [End Page 252] There existed, counter to Brandes' assumption in the letter quoted above, a fairly large number of works by Kierkegaard in German translation already before 1889 which Nietzsche theoretically could have read. However, with very high probability he had not read any of them, because his statement to Brandes would then have been differently formulated.However, there exist other—until now unknown—sources for Nietzsche's knowledge about Kierkegaard. These sources are books Nietzsche read which contain discussions of, and quotations from, Kierkegaard. I have identified six such books which Nietzsche definitely read, some more and some less important. Together these accounts contain about five full pages of quotations from Kierkegaard and about fifty pages about him. To this can be added other sources such as Brandes' letter where he recommends Nietzsche to read Kierkegaard, and philosophical and theological journals which discuss Kierkegaard and personal relationships to those who had knowledge of Kierkegaard's thinking (such as Franz Overbeck and Lou Salomé).Nietzsche's encounter with Kierkegaard's thinking and writing through secondary sources are, in rough chronological order: 6(1) Nietzsche had already in the 1870s read (or, rather, had read to him) parts of Brandes... (shrink)

In this paper, we focus attention on the role of computer system complexity in ascribing responsibility. We begin by introducing the notion of technological moral action (TMA). TMA is carried out by the combination of a computer system user, a system designer (developers, programmers, and testers), and a computer system (hardware and software). We discuss three sometimes overlapping types of responsibility: causal responsibility, moral responsibility, and role responsibility. Our analysis is informed by the well-known accounts provided by Hart and (...) Hart and Honoré. While these accounts are helpful, they have misled philosophers and others by presupposing that responsibility can be ascribed in all cases of action simply by paying attention to the free and intended actions of human beings. Such accounts neglect the part played by technology in ascriptions of responsibility in cases of moral action with technology. For both moral and role responsibility, we argue that ascriptions of both causal and role responsibility depend on seeing action as complex in the sense described by TMA. We conclude by showing how our analysis enriches moral discourse about responsibility for TMA. (shrink)

In 1815, two benevolent organizations commenced operation in Antigua, the Female Refuge Society based in English Harbour and the Distressed Females’ Friend Society based in St John's. The driving force behind the establishment of the Female Refuge Society, on which the Distressed Females’ Friend Society was modelled, was Anne Hart Gilbert (1768–1834), the earliest known published African-Caribbean woman writer, the agent of the Female Refuge Society. The organizations were run on principle by women and the executive committees were multi-racial. (...) They accepted female subscribers only, but donations from women and men. For Gilbert, an affective poetics of life story and writing is crucial to the formation of an ethical community that she situates as an emerging and modernizing counter-culture to plantation slavery. Her civic ethic of caring centres on development and engagement of the ‘finer sensibilities’ in creating ‘bands of amity and love that are the ornament and glory of our nature’ (Female Refuge Society, 1822: 12). The annual reports of the Female Refuge Society had a profound impact on the direction of female anti-slavery activism in Britain. In this essay, I analyse the inscription of affect in extant letters, annual reports and published material about the work of the Female Refuge Society and Distressed Females’ Friend Society. I am interested in how the women in the Creole organizations and their male supporters represent their affective relations to the objects of their benevolence and appeals for funding, and how these relations are racialized, gendered and classed in the grounding of activism. I draw out the local and British affective reception of these relations. In the field of affect studies, the essay might be compared with projects that address ‘the cultural and historical contingency of emotions, and … emotions and emotion cultures as contingent technologies of subjects’ (Koivunen, 2010: 19). (shrink)

Examines how Stieglitz's work influenced Gertrude Stein, William Carlos Williams, Hart Crane and Sherwood Anderson and discusses how photography reshaped literary aesthetics.

Transoral laser microsurgery applies to the piecemeal removal of malignant tumours of the upper aerodigestive tract using the CO2 laser under the operating microscope. This method of surgery is being increasingly popularised as a single modality treatment of choice in early laryngeal cancers (T1 and T2) and occasionally in the more advanced forms of the disease (T3 and T4), predomi- nantly within the supraglottis. Thomas Kuhn, the American physicist turned philosopher and historian of science, coined the phrase ‘paradigm shift’ (...) in his groundbreaking book The Structure of Scientific Revolutions. He argued that the arrival of the new and often incompatible idea forms the core of a new paradigm, the birth of an entirely new way of thinking. This article discusses whether Steiner and col- leagues truly brought about a paradigm shift in oncological surgery. By rejecting the principle of en block resection and by replacing it with the belief that not only is it oncologically safe to cut through the substance of the tumour but in doing so one can actually achieve better results, Steiner was able to truly revolutionise the man- agement of laryngeal cancer. Even though within this article the repercussions of his insight are limited to the upper aerodigestive tract oncological surgery, his willingness to question other peoples’ dogma makes his contribution truly a genuine paradigm shift. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

Once I’ve heard a joke about legal academia, and given that this was a very good joke, it was also very close to reality. This is how it went: ‘well, if you want to be successful in the Anglo-Ameri...

In this essay I argue that in some sense legal philosophy, at least as the term is now understood among analytic jurisprudents in the Anglophone world, is to a large extent a creation of H. L. A. Hart’s work. It is with him that the search for the concept or the nature of law was one established as an independent object of inquiry, that consciously tried to avoid moral or political questions. In framing the province of jurisprudence in this (...) way Hart not only departed from the work of Thomas Hobbes and Jeremy Bentham, whose political commitments are clear, but also from the seemingly much closer enterprise of John Austin. After demonstrating this difference between Austin’s enterprise and Hart’s, I criticize the direction legal philosophy has taken following Hart’s lead.Resumen:En este ensayo se plantea la idea de que en cierto modo la filosofía del derecho —al menos en la forma en que es entendida entre los filósofos analíticos del mundo angloparlante— es en gran medida una invención de H. L. A. Hart. Con la obra de Hart, en efecto, la búsqueda del concepto o naturaleza del derecho, se ha consolidado como un objeto de investigación independiente, que conscientemente pretende deslindarse de las cuestiones políticas o morales. Al definir el campo de estudio de la filosofía del derecho en este sentido, Hart no sólo se aparta del trabajo de Thomas Hobbes y de Jeremy Bentham, cuyos compromisos políticos son evidentes, sino también del proyecto aparentemente más cercano de John Austin. Después de señalar la diferencia entre los proyectos de Austin y de Hart, el autor pone en cuestión la dirección que ha tomado la filosofía del derecho al ser encabezada por Hart. (shrink)

The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a (...) dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'. (shrink)

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two (...) great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.