"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

Comparative political theory is at best an embryonic and marginalized endeavor. As practiced in most Western universities, the study of political theory generally involves a rehearsal of the canon of Western political thought from Plato to Marx. Only rarely are practitioners of political thought willing (and professionally encouraged) to transgress the canon and thereby the cultural boundaries of North America and Europe in the direction of genuine comparative investigation. Border Crossings presents an effort to remedy this situation, fully (...) launching a new era in political theory. Thirteen scholars from around the world examine the various political traditions of West, South, and East Asia and engage in a reflective cross-cultural discussion that belies the assumptions of an Asian "essence" and of an unbridgeable gulf between West and non-West. The denial of essential differences does not, however, amount to an endorsement of essential sameness. As viewed and as practiced by contributors to this ground-breaking volume, comparative political theorizing must steer a course between uniformity and radical separation--this is the path of "border crossings.". (shrink)

Sidgwick's seminal textThe Methods of Ethicsleft off with an unresolved problem that Sidgwick referred to as the dualism of practical reason. The problem is that employing Sidgwick's methodology of rational intuitionism appears to show that there are reasons to favour both egoism and utilitarianism. Katarzyna de Lazari-Radek and Peter Singer offer a solution in the form of an evolutionary debunking argument: the appeal of egoism is explainable in terms of evolutionary theory. I argue that like rational prudence, rational benevolence (...) is subject to debunking arguments and so problematic, but also – and more importantly – that debunking arguments are irrelevant in the debate over the dualism of practical reason on the view of reason and rational intuitionism that Lazari-Radek and Singer embrace. Either both egoism and utilitarianism are debunked, or neither are. If I am right, Sidgwick's dualism is left standing. (shrink)

This collection of essays examines the ways in which disputes and controversies about the application of scientific knowledge are resolved. Four concrete examples of public controversy are considered in detail: the efficacy of Laetrile, the classification of homosexuality as a disease, the setting of safety standards in the workplace, and the utility of nuclear energy as a source of power. The essays in this volume show that debates about these cases are not confined to matters of empirical fact. Rather, as (...) is seen with most scientific and technical controversies, they focus on and are structured by complex ethical, economic, and political interests. Drs. Engelhardt and Caplan have brought together a distinguished group of scholars from the sciences and humanities, who sketch a theory of scientific controversy and attempt to provide recommendations about the ways in which both scientists and the public ought to seek more informed resolutions of highly contentious issues in science and technology. Scientific Controversies is offered as a contribution to the better understanding of the roles of both science and nonscientific interests in disputes and controversies pertaining to science and technology. (shrink)

ABSTRACT: In memory of Professor Louise Marcil, from the University of Montreal, who died prematurely in April 1995, this special issue of Dialogue is dedicated to Equality. In addition to presenting the various contributions, the Introduction traces the main strands of Louise Marcil’s work on equality. The impressive corpus of her writings on the subject is characterized throughout by sensitivity to the historical and conceptual complexity of egalitarian theories and policies and by a depth of scholarship, the richness of which (...) defies classification into traditional philosophical schools. Moreover, far from being merely abstract scholarship, this work was clearly intended to strengthen actual egalitarian social projects, to which Louise Marcil was passionately committed. The contributions to this special issue of Dialogue have been selected in large part to reflect the diversity and scholarly standards of Louise Marcil’s approach to equality as well as its engaged spirit. (shrink)

The Compactness Theorem The compactness theorem is a fundamental theorem for the model theory of classical propositional and first-order logic. As well as having importance in several areas of mathematics, such as algebra and combinatorics, it also helps to pinpoint the strength of these logics, which are the standard ones used in mathematics and arguably … Continue reading Compactness →.

This encyclopedia article provides a procedural account of explication outlining each step that is part of the overall explicative effort (2). It is prefaced by a summary of the historical development of the method (1). The latter part of the article includes a rough structural theory of explication (3) and a detailed presentation of an examplary explication taken from the history of philosophy and the foundations of mathematics (4).

Leibniz's mature philosophy is monadological. The only true substances are monads which Leibniz compares to Cartesian res cogitans. In the monadological view, the only variant properties of monads are perceptions of varying degrees of distinctness; corporeal substances are phenomena that supervene on the ordered perceptions of monads. Monads continually change their perceptions, and in this minimal sense, monads are constantly active. The question that any account of Leibniz's monadological view must answer is: What causes the change in the perceptions of (...) monads? To answer this question is to gain clarity not only about Leibniz's monadological account of change, but also about Leibniz's views on causality and explanation for phenomena, since it is the changes in perceptions of monads that seem to account for changes in phenomena. (shrink)

The Russian philosopher and cultural theorist Mikhail Bakhtin has traditionally been seen as the leading figure in the group of intellectuals known as the Bakhtin Circle. The writings of other members of the Circle are considered much less important than his work, while Bakhtin's achievement has been exaggerated in proportion to the downgrading of the thinkers with whom he associated in the 1920s. This volume, which includes new translations and studies of the work of the most important members of the (...) Circle, sets out to correct the distortions in the established representations of its activity. The original contributions to literary and linguistic theory made by Valentin Voloshinov and Pavel Medvedev (but frequently credited to Bakhtin) are assessed, and the distinctiveness of their approaches is highlighted. (shrink)

A MAJOR THESIS OF CONTEMPORARY LIBERAL PHILOSOPHY is that its theory of justice, which incorporates strong rights to negative liberty, must be prior to and independent of a theory of the good. This priority is necessary, according to liberal theorists, in view of the requirement that any adequate theory accommodate a plurality of contending views of the good, no one of which is capable of eliciting public assent to it. Recent critics of liberalism have disputed this thesis, (...) maintaining instead that there is indeed an objective good, rather than a plurality of contending goods, which at least seriously compromises and possibly undermines the negative liberty with which liberals traditionally associated their theories. Variously called communitarians, virtue theorists, or republicans, these critics have presented an important challenge to contemporary liberalism whether of the individualist or welfare state variety. (shrink)

J. L. Austin was one of the more influential British philosophers of his time, due to his rigorous thought, extraordinary personality, and innovative philosophical method. According to John Searle, he was both passionately loved and hated by his contemporaries. Like Socrates, he seemed to destroy all philosophical orthodoxy without presenting an alternative, equally comforting, orthodoxy. -/- Austin is best known for two major contributions to contemporary philosophy: first, his ‘linguistic phenomenology’, a peculiar method of philosophical analysis of the concepts and (...) ways of expression of everyday language; and second, speech act theory, the idea that every use of language carries a performative dimension (in the well-known slogan, “to say something is to do something”). Speech act theory has had consequences and import in research fields as diverse as philosophy of language, ethics, political philosophy, philosophy of law, linguistics, artificial intelligence and feminist philosophy. -/- This article describes Austin’s linguistic method and his speech act theory, and it describes the original contributions he made to epistemology and philosophy of action. It closes by focusing on two main developments of speech act theory─the dispute between conventionalism and intentionalism, and the debate on free speech, pornography, and censorship. (shrink)

How should deontological theories that prohibit actions of type K — such as intentionally killing an innocent person — deal with cases of uncertainty as to whether a particular action is of type K? Frank Jackson and Michael Smith, who raise this problem in their paper "Absolutist Moral Theories and Uncertainty" (2006), focus on a case where a skier is about to cause the death of ten innocent people — we don’t know for sure whether on purpose or not — (...) by causing an avalanche; and we can only save the people by shooting the skier. One possible deontological attitude towards such uncertainty is what Jackson and Smith call the threshold view, according to which whether or not the deontological constraint applies depends on our degree of (justified) certainty meets a given threshold. Jackson and Smith argue against the threshold view that it leads to implausible paradoxical moral dilemmas in a special kind of case. In this response, we show that the threshold view can avoid these implausible moral dilemmas, as long as the relevant deontological constraint is grounded in individualistic patient-based considerations, such as what an individual person is entitled to object to. (shrink)

Is the basis of criminality an act that causes harm, or an act undertaken with the belief that one will cause harm? The present study takes a cognitive neuroscience approach to investigating how information about an agent’s beliefs and an action’s conse- quences contribute to moral judgment. We build on prior devel- opmental evidence showing that these factors contribute differ- entially to the young child’s moral judgments coupled with neurobiological evidence suggesting a role for the right tem- poroparietal junction (RTPJ) (...) in belief attribution. Participants read vignettes in a 2 2 design: protagonists produced either a negative or neutral outcome based on the belief that they were causing the negative outcome (‘‘negative’’ belief) or the neutral outcome (‘‘neutral’’ belief). The RTPJ showed significant activation above baseline for all four conditions but was modulated by an interaction between belief and outcome. Specifically, the RTPJ response was highest for cases of attempted harm, where protag- onists were condemned for actions that they believed would cause harm to others, even though the harm did not occur. The results not only suggest a general role for belief attribution during moral judgment, but also add detail to our understanding of the inter- action between these processes at both the neural and behavioral levels. (shrink)

It would be very desirable to have an account of the relation between mind and world that sustained the integrity of each. In this paper, we will argue that a theory of cognition which is broadly Thomistic can do just that. Many commentators recognize that cognitio is Aquinas’s basic epistemic concept, and that it designates knowledge in the broadest and most basic sense, as distinguished from scientia, or knowledge in the paradigmatic sense. There are several important consequences of this (...) distinction which are relevant to a proper understanding of the way in which a theory of knowledge which is in the Aristotelian-Thomistic tradition approaches the issue of the relation between the mind and the world. First and foremost, knowledge cannot be construed as a univocal concept in the A/t context. There are different senses of knowledge and we should not expect there to be a theory which supplies necessary and sufficient conditions for “S knows that p” that satisfies all the different senses of knowledge. It is perplexing that the contemporary discussion seems to miss this point, for the same sort of systematic ambiguity of the term ‘knowledge’ seems to hold in English. Second, the A/t theory of knowledge is not an epistemological theory in the modern sense, if by “epistemological” we mean one which is clearly demarcated from a metaphysical, psychological, or even semantical theory. The A/t theory is a metaphysics of knowledge. Third, a Thomistic theory of knowledge begins with a theory of cognition which provides the grounds of knowledge across the board, including even that of scientia. (shrink)

We discuss the intertwined topics of Fulling non-uniqueness and the Unruh effect. The Fulling quantization, which is in some sense the natural one for an observer uniformly accelerated through Minkowski spacetime to adopt, is often heralded as a quantization of the Klein-Gordon field which is both physically relevant and unitarily inequivalent to the standard Minkowski quantization. We argue that the Fulling and Minkowski quantizations do not constitute a satisfactory example of physically relevant, unitarily inequivalent quantizations, and indicate what it would (...) take to settle the open question of whether a satisfactory example exists. A popular gloss on the Unruh effect has it that an observer uniformly accelerated through the Minkowski vacuum experiences a thermal flux of Rindler quanta. Taking the Unruh effect, so glossed, to establish that the notion of particle must be relativized to a reference frame, some would use it to demote the particle concept from fundamental status. We explain why technical results do not support the popular gloss and why the attempted demotion of the particle concept is both unsuccessful and unnecessary. Fulling non-uniqueness and the Unruh effect merit attention despite these negative verdicts because they provide excellent vehicles for illustrating key concepts of quantum field theory and for probing foundational issues of considerable philosophical interest. (shrink)

THE CENTRALITY OF "SYMPATHY" to Adam Smith's Theory of Moral Sentiments points to the centrality of love in the book. While Smith delineates a somewhat unusual, technical sense of "sympathy", his actual use of the term frequently slips into its more ordinary sense of "compassion" or affectionate fellow feeling. This no doubt intentional equivocation on Smith's part helps suffuse the book with these themes, to the point that, without much exaggeration, one could say that the Theory of Moral (...) Sentiments is generally about love: our need for love and sympathy, love as friendship, self-love, the love of praise and praiseworthiness, the love of beauty. Even in the Wealth of Nations, our loves are thought to be very important in explaining our behavior. Smith is unusual among modern moral philosophers in according so central a place to love in this broad sense, although of course Christianity made love a central theme in reflection on ethical life, and philosophers such as Hutcheson made benevolence a key virtue in their ethical systems. However, it is not our purpose to examine Smith's critique of Hutcheson or indeed of any of his predecessors. Rather we aim in this paper to reflect on his treatment of this topic. We shall do so in part by means of comparisons with Aristotle and Plato, first with respect to friendship and then with respect to love generally. Smith's writing is replete with classical references, raising the issue of the degree to which his thought is "ancient" or "modern." Friendship is arguably the pinnacle of social relations for the ancients, and thus it provides us with a useful device for determining the degree to which Smith's thought embodies classical moral and philosophical principles. The subtlety of Smith's interweaving of traditions will become visible as we reflect not just on the ways Smith's thought exhibits classical conceptions of friendship and love, but also on the ways he departs from them. For in at least one important respect, love is a closed book from Smith's standpoint, and thus, as it turns out, also at odds with classical friendship. (shrink)

There are few living thinkers who have enjoyed the eminence and reown of Jürgen Hamermas. His work has been highly influential not only in philosopy, but also in the fields of politics, sociology and law. This is the first collection dedicated to exploring the connections between his body of work ahd America's most significant philosophical movement, pragmatism. Habermas and Pragmatism considers the influence of pragmatism on Habermas's thought and the tensions between Habermasian social theory and pragmatism. Essays by distinguished (...) pragmatists, legal and critical theorists, and Habermas cover a range of subjects including the philosophy of language, the nature of rationality, democracy, objectivity, transcendentalism, aesthetics, and law. The collection also addresses the relationship to Habermas of Kant, Peirce, Mead, Dewey, Piaget, Apel, Brandom and Rorty. (shrink)

This book initiates a discussion among scholars in rhetoric and hermeneutics in many areas of the humanities. Twenty leading thinkers explore the ways these two powerful disciplines inform each other and influence a wide variety of intellectual fields. Walter Jost and Michael J. Hyde organize pivotal topics in rhetoric and hermeneutics with originality and coherence, dividing their book into four sections: Locating the Disciplines; Inventions and Applications; Arguments and Narratives; and Civic Discourse and Critical Theory. For readers across the (...) humanities, the book demonstrates the usefulness of rhetorical and hermeneutic approaches in literary, philosophical, legal, religious, and political thinking. (shrink)

The Philosophy of Rhetoric is widely regarded as the most important work of a theory of rhetoric produced in the 18th century. Campbell's work engages such themes in an attempt to formulate a universal theory of human communication. Campbell attempts to develop his theory by discovering deep principles in human nature that account for all instances and kinds of human communication. He seeks to derive all communication principles and processes empirically. In addition, all statements in discourse that (...) have to do with matters of fact and human affairs are likewise to be empirically derived. Thus, his theory of rhetoric is vastly wider than, and different from, such classical theories as those proposed by Aristotle, Cicero, and Quintilian, whose theories focused on discourse related to civic affairs. By attempting to elaborate a general theory of rhetoric through empirical procedures, Campbell's project reveals the limitations of his method. He cannot ground all statements empirically and it is at this point that his theological position comes into play. Inspection of his religious views shows that God's design of human nature, and God's revelations to humankind, make moral and spiritual truths known and quite secure to human beings, although not empirically. (shrink)

We offer an analysis of future morphemes as epistemic operators. The main empirical motivation comes from the fact that future morphemes have systematic purely epistemic readings—not only in Greek and Italian, but also in Dutch, German, and English will. The existence of epistemic readings suggests that the future expressions quantify over epistemic, not metaphysical alternatives. We provide a unified analysis for epistemic and predictive readings as epistemic necessity, and the shift between the two is determined compositionally by the lower tense. (...) Our account thus acknowledges a systematic interaction between modality and tense—but the future itself is a pure modal, not a mixed temporal/modal operator. We show that the modal base of the future is nonveridical, i.e. it includes p and ¬p worlds, parallel to epistemic modals such as must, and present arguments that future morphemes are a category that stands in between epistemic modals and predicates of personal taste. We identify, finally, a subclass of epistemic futures which are ratificational, and argue that will is a member of this class. (shrink)

Résumé: Dans ce dialogue, deux personnages principaux, Philopolis et Éleuthérios, proposent la position communautarienne et la position contractualiste libérale comme fondements de la théorie politique. Le débat se déroule, comme tout bon débat devrait le faire, autour d’une bouteille de Chardonnay.

More and more these days it is asked whether aesthetics is still possible. A question that, given the context and phrasing, seems to direct us towards its answer. Conferences and meetings, books and journal specials examine the issue of aesthetics, talk about rediscovery or return of aesthetics. Well known philosophers and aestheticians underscore the need to reconsider the foundations of aesthetics and set new directions for aesthetics today (Berleant, 2004) or attempt to expand aesthetics beyond aesthetics–like Welsch, for example who (...) tries to extend aesthetics beyond art to society and the life-world (Welsch, 1997). Others underline the need to revisit the aesthetic experience (Shusterman, 1999; Iseminger, 2002, Fenner, 1996) and examine the relevance or irrelevance of the aesthetic with art (Carroll, 2001). It seems that it is strongly recommended to turn to aesthetics on the condition however to carefully re-approach the meaning and import of the term in the present situation. The aesthetic that Passmore condemned as “dreary”(Passmore, 1954), the one Sparshott considered a formless conception, vague and loose in application (Sparshott, 1982), the same that Danto emphatically argues that has nothing to do with the definition of art or arts in general (Danto, 1981) returns to claim its rightful place in the fields of philosophy and critical theory (Levine, 1994, Michaud, 1999), as well as artistic creation. And one cannot but wonder: what does this return mean? What was the degree of aesthetics decline that we need to discuss about recovery or for new implementations of aesthetics? (shrink)

This collection of John Mackie's papers on topics in epistemology, some of which have not previously been published, deal with such issues as: incorrigible empirical statements; rationalism and empiricism; the philosophy of John Anderson; self-refutation; Plato's theory of idea; ideological explanation; problems of intentionality; Popper's third world;; mind, brain, and causation; Newcomb's Paradox and the direction of causation; induction; causation in concept, knowledge, and reality; absolutism; Locke and representative perception; and anti-realisms.

This collection of John Mackie's papers on personal identity and topics in moral and political philosophy, some of which have not previously been published, deal with such issues as: multiple personality; the transcendental "I"; responsibility and language; aesthetic judgements; Sidgwick's pessimism; act-utiliarianism; right-based moral theories; cooperation, competition, and moral philosophy; universalization; rights, utility, and external costs; norms and dilemmas; Parfit's population paradox; and the combination of partially-ordered preferences.

This collection of John Mackie's papers on topics in epistemology, some of which have not previously been published, deal with such issues as: incorrigible empirical statements; rationalism and empiricism; the philosophy of John Anderson; self-refutation; Plato's theory of idea; ideological explanation; problems of intentionality; Popper's third world;; mind, brain, and causation; Newcomb's Paradox and the direction of causation; induction; causation in concept, knowledge, and reality; absolutism; Locke and representative perception; and anti-realisms.

While the presence or absence of consciousness plays the central role in the moral/ethical decisions when dealing with patients with disorders of consciousness (DOC), recently it is criticized as not adequate due to number of reasons, among which are the lack of the uniform definition of consciousness and consequently uncertainty of diagnostic criteria for it, as well as irrelevance of some forms of consciousness for determining a patient’s interests and wishes. In her article, Dr. Specker Sullivan reexamined the meaning of (...) consciousness in the DOC taxonomy and proposed to go away from the routinely used clinical definition of consciousness as “wakeful awareness”, and adopt the meaning that is common in the Eastern tradition which is a form of “pure experience” (Specker Sullivan 2018). She further argued that understanding consciousness as a “pure experience” is ethically relevant for DOC patients. This suggestion is original, novel and important since it preserves the importance of the notion of consciousness for the clinical practice while simultaneously offering an additional ethical tool for the moral decisions in medicine. At the same time, without placing such Eastern notion in the Western tradition it is difficult to see how pure experience could be usefully operationalized to make sense in the clinical practice with DOC patients. It is so because pure experience is a subjective phenomenon which is completely inaccessible in noncommunicative DOC patients and also it does not express behaviorally (Monti et al 2010), therefore some objective-like operationalization is needed. This is why the fusion of Eastern and Western traditions is required to gain the full potential of Dr. Specker Sullivan’s suggestion. We propose that such fusion could be achieved on the basis of the Operational Architectonics (OA) theory of brain-mind functioning (Fingelkurts et al. 2010; 2013a) which suits ideally the purpose due its compatibility with both Western and Eastern traditions of consciousness. (shrink)

Despite the fact that attention is a core property of all perceptual and cognitive operations, our understanding of its neurophysiological mechanisms is far from complete. There are many theoretical models that try to fill this gap in knowledge, though practically all of them concentrate only on either involuntary (bottom-up) or voluntarily (top-down) aspect of attention. At the same time, both aspects of attention are rather integrated in the living brain. In this chapter we attempt to conceptualise both aspects of attentional (...) state within the theory of Operational Architectonics of brain and mind functioning, which provides a plausible theoretical basis for neurophysiological understanding of how attention is brought to existence in the living brain. (shrink)