Since the time of the Enlightenment in Western Europe, discussions of faith and reason have often pitted the believer against the skeptic, the theist against the atheist, and the person of one faith against the person of no professed faith. But the relation of reason to faith has been a matter of debate among believers as well. There are those who hold that religious faith can be proven or supported by rational argument. Others say that to try to give reasons (...) and arguments does violence to religious faith, or opens it to misunderstanding and doubt, or trivializes it. Responses to the Enlightenment: An Exchange on Foundations, Faith, and Community is a dialogue between Hendrik Hart and William Sweet, two philosophers who identify themselves as Christians, and who seek to respond to the challenges of the Enlightenment and its legacy. The authors approach the relation of faith to reason, however, in very different ways: Hart from the perspective of the Calvinian tradition and postmodern philosophy, Sweet from the Catholic tradition and analytic philosophy. Among the topics discussed are the nature of religious faith and of reason, liberalism and orthodoxy in religion, the relation of religious experience and rationality, and building community in a religiously and culturally pluralistic world. This exchange presents two distinctive perspectives to some of the major challenges of the reason to religious belief, but seeks to find common ground between them. (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 Essays in Phenomenological Theology contains previously unpublished papers by Iso Kern, J. N. Findlay, Charles Courtney, Thomas Prufer, Robert Williams, James Hart, Steven Laycock, and James Buchanan.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)

Dr Hart sets out to answer this question by showing that the issue is as much about the nature of causation as it is about the natures of mind and matter.

The Declaration of Independence states that all men are created equal in the United States, but that statement does not hold true for words. Some words carry more weight than others--they seem to work harder, get more done, and demand more respect. Political Keywords: Using Language that Uses Us looks at eight dominant words that are crucial to American political discourse, and how they have been employed during the last fifty years. Based on an analysis of eleven separate studies of (...) political language, Political Keywords helps readers to understand what these terms mean and how they are used. For example, the book tracks what politics now means to modern commentators, how schoolteacher impress certain values upon the nation's children by invoking the office of the president, and why an innocent word like government sometimes makes people so upset. It details how the people are referenced in political talk and how the media portray themselves. The book also considers the work done by political parties, political promises, and political consultants because, together, they shed special light on modern elections. Combining social science with subtle forms of cultural interpretation, Political Keywords: Using Language that Uses Us provides a fresh look at both American politics and American language. It is an ideal text for undergraduate and graduate courses in political communication, political language, political campaigns, media and politics, political psychology, public opinion, rhetorical criticism, contemporary public address, and presidential rhetoric. (shrink)

We believe that clinical ethics consultants (CECs) should offer advice, options, and recommendations to attending physicians and their teams. In their article in this issue of The Journal of Clinical Ethics, however, Kornfeld and Prager give CECs a somewhat different role. The CEC they describe may at times be more aptly understood as a medical interventionist who appropriates the roles of the attending physician and the medical team than as a traditional CEC. In these remarks, we distinguish the role of (...) the CEC from that of the physician, in contrast to some of these authors’ recommendations, which confuse the two roles. (shrink)

The essays in this focus on race and ethics approach the topic from a variety of perspectives. Yet they all advance a basic claim: race—a euphemism for white supremacy—is an ethical issue too often evaded. The essays demonstrate that the ethics of race is integrally bound up with religion, colonialism, and secularism.

The discovery of gold and silver in America, the extirpation, enslavement and entombment in mines of the aboriginal population, the beginning of the conquest and looting of the East Indies, the turning of Africa into a warren for the commercial hunting of black-skins, signalised the rosy dawn of the era of capitalist production.1"In the antiblack world there is but one race, and that race is black. Thus, to be racialized is to be pushed 'down,' toward blackness, and to be deracialized (...) is to be pushed 'up' toward whiteness." This does not mean, of course, that there are only blacks and whites in some anthropological sense. It does not mean that political reality with regard to race simply reduces to two positions... (shrink)

In Prophecy without Contempt, Cathleen Kaveny argues that prevailing scholarly approaches to religious and public discourse misunderstand the actual complexity of moral rhetoric in America. She endeavors to provide a better account through study of the role the Puritan jeremiad has played. Kaveny then offers a normative case for deliberative public moral discourse and the limited exercise of prophetic denunciation. I argue that Kaveny's distinction between deliberation and prophetic denunciation is overdrawn. They are ideal types that elide other rhetorical forms. (...) Moreover, both deliberative discourse and prophetic denunciation assume a social contract or shared tradition. Healthy moral discourse requires revolutionary rhetoric to interrogate and break traditions that are themselves morally compromised. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Sense and Sensibility: IARPT’s Four Existential OrientationsWilliam David Hart (bio)I. Introduction: IARPT’s Liberal HorizonThe concerns of the Institute of American Religious and Philosophical Thought are worlds apart from the preoccupations that animate the characters in Jane Austen’s novels. This is not to say that IARPT is disinterested in romance, love, and heartbreak. It is to say, rather, that Sense and Sensibility, the title of Austen’s 1811 novel, is (...) a good cover term for the matters that I wish to address. I say this despite the fact that many characters in the novel, especially Fanny Dashwood, are insufferable members of a British ruling class that, along with its wealth-hording, patriarchy-sustaining institution of primogeniture, needed to be expropriated by the working class. I say this despite the fact that the sensibility of the British aristocracy, as is true of all aristocracies, is off-putting. With this proviso, it is precisely the sense and sensibility of the Institute (the love, romance and, perhaps, tragedy) that I wish to survey through a focus on what I take to be its animating existential concerns. I call these orientations existential rather than merely intellectual because they go beyond ideas, professional commitments, and implicate the entire range of life dispositions. These orientations are habit-forming.Constitutive of these orientations are anxieties regarding the meaning and significance of those things for which we live and die. The sheer fact of consciousness, of conscious matter, of matter conscious of its consciousness and the wonder and awe this inspires as we consider the very existence of things is part of our existential ensemble too. For some of us wonder and awe before the groundless gratuity of existence, let’s call this ontological curiosity, compete with death anxiety and its intimations for preeminence in how we imagine the meaning and significance of our life. This is not a binary matter. For some people, perhaps for most, the joy of existence larded as it is with terrible things exceeds, as the case make be, the quiet desperation, sorrow, or terror, and the emptiness at the center of all things. My exploration focuses on the anxieties rather than the curiosity. I take it for granted that the deep source of anxiety is mortality and its various intimations. Our quest for lives of meaning and significance is threatened by the “horrid d’s”1 of death, disease, dread, despair, [End Page 5] and disappointment. Various thinkers have theorized how we cope with this anxiety. Some argue that denial is a dominant way of dealing with death, which they take to be foundational to the other meaning and significance-threatening phenomena.2 Where the answers to these threats provided by traditional religions are found lacking or otherwise no longer credible, denial expresses itself in the form of various immortality projects: typically, the puritanical, maniacal, and methodical pursuit of health and wealth, in consumerism of all kinds, from the hottest new diet, to a Peloton exercise bike, to a Tesla. And then there is the pursuit of fame and celebrity, which many people can no longer distinguish, the hope, captured so well in the theme song for the television series, Fame. “Fame / I’m going to live forever / Baby, remember my name.”3 We want to be remembered. Whether by future generations or, inside the digital clouds of Instagram or TikTok, or, as some would have it, within the consequent nature of God. Of course, for some populations, death is not so easily denied. Death has an in their face immediacy, insistence, and oppugnancy that rips through flesh and leaves its subject not merely anxious but dead. I speak, for example, of the mind-numbing repetitiveness with which police kill Black people. Or the myriad ways, including environmental racism, in which Blacks are subject to premature death. Some thinkers even theorize that death is the existential horizon for Black people in an ontologically distinctive way.4 Thus the March 2020 police-raid killing of Breonna Taylor in her home may be a statistical anomaly but is experienced as a monstrous revelation of the nature of things, of Black social life as social death. This is not a... (shrink)

The goal of this essay is three fold: first, to describe briefly the “sublation thesis”; second, to show how Robert Neville’s Philosophical Theology evades the thesis; and, third, to assess the compatibility of Neville’s metaphysics and pragmatic naturalism. Traditionally, the philosophy of religion addresses a small bundle of interrelated issues: arguments regarding the existence, nature, and knowledge of God, the rationality of belief, and the problem of evil. Early modern forms of the philosophy of religion also address the immortality of (...) the soul and the possibility of miracles. All of these issues ride the back, so to speak, of confessional theological concerns. The sublation thesis is an idea regarding the... (shrink)

This book provides a distinctive account of Edward Said's critique of modern culture by highlighting the religion-secularism distinction on which it is predicated. This distinction is both literal and figurative. It refers, on the one hand, to religious traditions and to secular traditions and, on the other hand, to tropes that extend the meaning and reference of religion and secularism in indeterminate ways. The author takes these tropes as the best way of organizing Said's heterogeneous corpus - from Joseph Conrad (...) and the Fiction of Autobiography, his first book, to Orientalism, his most influential book, to his recent writings on the Palestinian question. The religion-secularism distinction, as an act of imagination and narrative continuity, lies behind Said's cultural criticism, his notion of intellectual responsibility, and his public controversy with Michael Walzer about the meaning and the uses of the Exodus story and about the question of Palestine. (shrink)

This essay is an exploration in ethical rhetoric, specifically, the ethics of comparing the status of fetuses and animals to enslaved Africans. On the view of those who make such comparisons, the fetus is treated as a slave through abortion, reproductive technologies, and stem cell research, while animals are enslaved through factory farming, experimentation, and as laborers, circus performers, and the like. I explore how the apotheosis of the fetus and the humanization of animals represent the flipside of the subjugation (...) and animalization of black people. At their ethical best, those who compare aborted fetuses and abused animals with enslaved black people have laudable ethical goals. The anti-abortion right and the animal rights left, respectively, wish to abolish abortion and the unethical treatment of animals. They seek, respectively, to reimagine the ethical-political status of the fetus and to criticize the animalization of animals, the practice of constructing them as beasts. While sympathetic to these goals, I worry about the comparative diminution of the historical, literal enslavement of black people. To what extent, I ask, does the comparative ethical rhetoric of fetal slaves and animal slaves affect historical constructions of black people as beastly and disposable? (shrink)

"Today our nation saw evil." - President George W. Bush, September 11th 2001 Evil! Like a zombie back from the grave, it has arisen--a word many of us had long ago relegated to Sunday sermons, video games and horror flicks. But of course, evil is not old fashioned, nor has it ever gone away, and may be as robust as ever. So what is evil? Does it exist? Veteran journalist Bill Hart tries to drag evil out of the darkness (...) and hold it up to the light. In doing so, he has written a very readable account of 5,000 years of philosophy, theology and human history as it reflects and refines its notion of evil. More than an explanation of why bad things happen, Evil: A Primer is a tour through the nether regions in search of what we really know. (shrink)

Four of the articles in this "Special Issue: Race and Antiblackness in American Philosophy and Theology" were first presented as papers at the 2017 annual meeting of the Institute of American Philosophy and Theology. The conference theme was "Race, Antiblackness, and Philosophy." As the truism holds, "race" is a construct. But constructs are real—every bit as real as rocks and minds. Constructs, such as race, are the sum of their effects: consequent rather than antecedent realities, historical products of our practices, (...) theories, and judgments. The meaning and salience of race is not uniform but signifies most powerfully around a white/black binary. This binary semiotic orders the meaning of race, the... (shrink)

In an effort to further explore ostensible macroscopic psychokinesis (macro-PK) effects like those previously reported by Batcheldor (1966), Bourgeois (1994), Owen and Sparrow (1976), and Ullman (2001) in a sitter group setting, the first author designed and conducted a series of fifteen experimental sessions in which sitters claiming exceptional abilities attempted to generate a pseudo-spirit named "Daniel," to whom physical phenomena were attributed. To explore possible physical correlates of macro-PK, two approaches to measurement were utilized. In the first, sample data (...) from a local random number generator (RNG) continuously running as part of the Global Consciousness Project were extracted and examined for statistical deviations from randomness occurring in conjunction with the sitter group sessions. In the second, the Multi-Energy Sensor Array (MESA) was used to collect onsite environmental data during one of the sessions. While displays of ostensible macro-PK were observed during several of the sitter group sessions, the RNG data did not show a significant overall correlation with the sessions. The MESA data indicated notable drops in infrared and visual light, as well as changes in DC magnetic field strength, that are comparable to those observed in field studies of haunts. Keywords: sitter groups--macroscopic psychokinesis (macro-PK)--random number generator (RNG)--Multi-Energy Sensor Array (MESA). (shrink)

This essay critically engages the concept of transcendence in Charles Taylor's A Secular Age. I explore his definition of transcendence, its role in holding a modernity-inspired nihilism at bay, and how it is crucial to the Christian antihumanist argument that he makes. In the process, I show how the critical power of this analysis depends heavily and paradoxically on the Nietzschean antihumanism that he otherwise rejects. Through an account of what I describe as naturalistic Christianity, I argue that transcendence need (...) not be construed as supernatural, that all of the resources necessary for a meaningful life are immanent in the natural process, which includes the semiotic capacities of Homo sapiens. Finally, I triangulate Taylor's supernatural account of transcendence, naturalistic Christianity, and Dreyfus and Kelly's physis-based account of “going beyond” our normal normality in All Things Shining: Reading the Western Classics for Meaning in a Secular Age. (shrink)

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.

The concept of scientific history / Isaiah Berlin -- The limits of scientific history / W.H. Walsh -- The objectivity of history / J.A. Passmore -- Explanation in science and in history / C.G. Hempel -- The Popper-Hempel theory reconsidered / Alan Donagan -- The autonomy of historical understanding / Louis O. Mink -- Historical continuity and causal analysis / Michael Oakeshott -- Causal judgment in history and in the law / H.L.A. Hart and A.M. Honoré -- Causes, connections (...) and conditions in history / Michael Scriven -- The historical individual / A.C. Danto -- Methodological individualisms : definition and reduction / May Brodbeck -- Societal laws / Maurice Mandelbaum -- Determinism in history / Ernest Nagel. (shrink)

In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England. He provides important refelctions on the nature of law, and more particularly on the nature of customary and statute law, and on judicial interpretation.

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater (...) number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (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)

In response to the critique of his work by William Sweet, Hendrik Hart first offers some terminological clarifications. The important difference between ‘faith’ (trust in God) and ‘belief’ (our network of accepted understandings of things, expressed in concepts and propositions) is emphasized and his use of terms such as ‘religion,’ ‘knowledge,’ and ‘truth’ are explained. Hart then clarifies his approach to the Western philosophical tradition. He argues that Christian accommodation to philosophy and its idea of ‘reason’ as (...) ultimate arbiter have hindered proper understanding of biblical faith. He finds support for his critique within the philosophical tradition itself, particularly in the form of feminist and postmodern thought. In the end, he offers a vision of religious truth, encapsulated in Jesus’ proclamation, “I am the truth,” that is based upon the embodiment of God’s will and intent. (shrink)

In Plato's "Philebus" Socrates and Protarchus dispute whether pleasure, like belief, can be false. Their dispute illustrates a broader pattern of disagreement between them about how to evaluate pleasure. Of two contrasting conceptions of false pleasure-derived from work by Bernard Williams and by Sabina Lovibond respectively-false pleasure of the Lovibond type best answers the challenge to which Protarchus' resistance gives rise. Socrates' own example of false pleasure may be read in this way, in contrast to its prevailing interpretation, and this (...) alternative reading seems better suited to the argument's context, both immediate and distant. (shrink)

In _A Philosophy of the Unsayable_, William Franke argues that the encounter with what exceeds speech has become the crucial philosophical issue of our time. He proposes an original philosophy pivoting on analysis of the limits of language. The book also offers readings of literary texts as poetically performing the philosophical principles it expounds. Franke engages with philosophical theologies and philosophies of religion in the debate over negative theology and shows how apophaticism infiltrates the thinking even of those who (...) attempt to deny or delimit it._ In six cohesive essays, Franke explores fundamental aspects of unsayability. In the first and third essays, his philosophical argument is carried through with acute attention to modes of unsayability that are revealed best by literary works, particularly by negativities of poetic language in the oeuvres of Paul Celan and Edmond Jabès. Franke engages in critical discussion of apophatic currents of philosophy both ancient and modern, focusing on Hegel and French post-Hegelianism in his second essay and on Neoplatonism in his fourth essay. He treats Neoplatonic apophatics especially as found in Damascius and as illuminated by postmodern thought, particularly Jean-Luc Nancy’s deconstruction of Christianity. In the last two essays, Franke treats the tension between two contemporary approaches to philosophy of religion—Radical Orthodoxy and radically secular or Death-of-God theologies. _A Philosophy of the Unsayable _will interest scholars and students of philosophy, literature, religion, and the humanities. This book develops Franke's explicit theory of unsayability, which is informed by his long-standing engagement with major representatives of apophatic thought in the Western tradition. "William Franke is an articulate spokesman for what cannot be said not only with regards to modern European poetry but also with respect to contemporary theology. _A Philosophy of the Unsayable _is essential reading for everyone working in religion and literature and in modern theology." — Kevin Hart, Edwin B. Kyle Professor of Christian Studies, University of Virginia __ "By now, it would seem that there could be no more to say about not-saying. Apophatic language and negative theology have been accused of meaninglessness, nihilism, and even ill-concealed ontologies. In this lovely and surprising book, William Franke not only deftly undoes these criticisms but shows that apophasis underlies and strangely grounds all language and thought, even of those very discourses that most vigorously reject it. _A Philosophy of the Unsayable_ demonstrates with elegance that there is indeed more to say, and more that is both meaningful and important." — Karmen MacKendrick, Le Moyne College__ "William Franke is an eminent scholar in comparative literature, who is schooled in philosophy and religion. He is recognized as one of the most creative contemporary thinkers working at the double intersection of philosophy and literature and philosophy and theology. _A Philosophy of the Unsayable_ shows an intellectual grasp of a dizzying array of discourses and sheds real light on all thinkers who are discussed." — Cyril O'Regan, Huisking Professor of Theology, University of Notre Dame_. (shrink)

ln a number of recent essays, Hendrik Hart has elaborated an account of the nature and function of religious belief that, he believes, is post-modern in inspiration and anti-foundationalist in character. ln this paper, I reconstruct what I take to be Hart’s central claims. While Hart does remind us of some important aspects of the nature of religious belief---aspects often overlooked by many critics---l suggest that there are several problems in the account he provides, that there are (...) tensions between his view of religious belief and his claims about how it can function, and that it is not clear that he ultimately avoids adopting a variant of the foundationalism he explicitly rejects. (shrink)

Rowan Williams says that David Bentley Hart "can always be relied on to offer a perspective on the Christian faith that is both profound and unexpected." The Hidden and the Manifest, a new collection of this brilliant scholar's work, contains twenty essays by Hart on theology and metaphysics. Spanning Hart's career both topically and over time, these essays cover such subjects as the Orthodox understanding of Eucharistic sacrifice; the metaphysics of Paradise Lost; Christianity, modernity, and freedom; death, (...) final judgment, and the meaning of life; and many more. (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)

La disciplina del Derecho, tal y como está institucionalizada en la tradición angloamericana y, de manera general, en Occidente, responde de diversas maneras a los desafíos de la llamada “globalización” (utilizada aquí en un sentido amplio). Estas respuestas son dinámicas, fragmentadas, emocionantes y amenazadoras. Una de las tareas de la teoría del Derecho es dar sentido y evaluar estos avances. Los especialistas necesitamos preguntarnos: “¿cuáles son las implicaciones de la globalización para mi especialidad o en este tema de investigación?” El (...) propósito de este trabajo es sugerir una aproximación a esta cuestión, a través de un examen auto-crítico de las hipótesis del trabajo propio, desde una perspectiva global, utilizando “tipos ideales” ilustrativos de las tendencias y asunciones que sustentan (a) las tradiciones occidentales de la Ciencia del Derecho; (b) la tradición occidental y “territorial” del clásico Derecho micro-comparativo y (c) un modelo ingenuo de escritos legales sobre transmisión/recepción/difusión. Estas construcciones indican que nuestras culturas académicas han tendido a estar orientadas, por lo general, hacia el Estado y a ser seculares, positivistas, “de arriba hacia abajo”, norte-céntricas, ignorantes de otras tradiciones, no-empíricas y universalistas respecto a la moral. Es decir, y por supuesto, una caricatura. Pero en la medida en que estas asunciones y tendencias se mantienen, estos modelos ideales ponen de relieve algunos puntos cruciales con los que son desafi ados, mediante la adopción de una perspectiva global. Tales puntos incluyen la importancia del Derecho no-estatal, el pluralismo legal y normativo, las explicaciones acerca de la convergencia, la armonización y la difusión (¿se refi eren estos informes sólo a “al Derecho de superficie”?), las concepciones cambiantes de los límites territoriales y de la soberanía, la “caja negra” de la teoría del Derecho (por ejemplo, Hart) y de la justicia (por ejemplo, Rawls), el etnocentrismo, la falacia de que vivimos en “una era secular”, la importancia del pluralismo de creencias, y la escasez en nuestro stock de conceptos analíticos que trasciendan las culturas y tradiciones jurídicas. (shrink)

Like many recent works in legal theory, especially those focusing on the apparently conflicting schools of legal positivism and natural law, Waluchow’s Inclusive Legal Positivism begins by admitting a degree of perplexity about the field; indeed, he suggests that the field has fallen into “chaos”. Disturbingly, those working within legal theory appear most uncertain about what the tasks of their field are. Legal philosophers often seem to suspect strongly that at least their colleagues in the field are confused about those (...) tasks. As a result, many recent books in legal theory are in large part exercises in legal metatheory, devoting many pages to attempts to define the purposes and goals of the field. Waluchow follows this trend and begins by expressing a desire to clarify the issues that separate those trying to give an account of the nature of law. His ultimate goal is to defend a version of legal positivism, inclusive legal positivism, that he thinks is at least implicit in H. L. A. Hart’s work. (shrink)

In response to the critique of his work by William Sweet, Hendrik Hart first offers some terminological clarifications. The important difference between ‘faith’ (trust in God) and ‘belief’ (our network of accepted understandings of things, expressed in concepts and propositions) is emphasized and his use of terms such as ‘religion,’ ‘knowledge,’ and ‘truth’ are explained. Hart then clarifies his approach to the Western philosophical tradition. He argues that Christian accommodation to philosophy and its idea of ‘reason’ as (...) ultimate arbiter have hindered proper understanding of biblical faith. He finds support for his critique within the philosophical tradition itself, particularly in the form of feminist and postmodern thought. In the end, he offers a vision of religious truth, encapsulated in Jesus’ proclamation, “I am the truth,” that is based upon the embodiment of God’s will and intent. (shrink)

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a (...) presupposed inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)