1 Introduction I don't know ... I don't belong to any group. ... I never was a socialist. I never was a communist. ... I never wanted anything of that kind. ...

Jeff McMahan has recently developed the embodied mind theory of identity in place of the other standing theories, which he examines and consequently rejects. This paper examines the performance of his theory on cases of commissurotomy or the split-brain syndrome. Available experimental data concerning these cases seem to suggest that a single mind can divide into two independent streams in ways that are incompatible with our intuitive notion of mind. This phenomenon poses unique problems for McMahan's theory that we are (...) essentially minds. I attempt to use his considered response to these cases as a weapon against his own embodied mind theory by highlighting some of the tensions in McMahan's response. In particular, I argue that in reaching his conclusion McMahan admits to something quite contrary to the very spirit of his own theory and that it is a powerful point in its support that one of the theories McMahan rejects can deal very well with these cases. (shrink)

Ronald Dworkin once identified the basic question of jurisprudence as: ‘What, in general, is a good reason for a decision by a court of law?’ I argue that, over the course of his career, Dworkin gave an essentially sound answer to this question. In fact, he gave a correct answer to a broader question: ‘What is a good reason for a legal decision, generally?’ For judges, officials of executive and administrative agencies, lawyers, non-governmental organizations, and ordinary subjects acting in (...) the variety of legal contexts, Dworkin identified the proper basis for a legal decision, and its implications for the form of well-conducted legal reasoning. Dworkin's stance on the above questions can be characterised by two theses. I defend his view by substantiating each. The result is agnostic about the viability of other aspects of Dworkin's legal theory, as it focuses on the grounds of proper legal decision-making. Whatever the fate of his other philosophical views, Dworkin's jurisprudence includes a clear-heade... (shrink)

I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of adjudication. I (...) offer an adjudicative theory in the realm of non-ideal theory: I adopt a view of law that has achieved consensus in legal philosophy, make some plausible assumptions about human politics, and then consider directly the question of how judges should reason. Ultimately, I argue that judges should be cognizant of the goods that are at stake on particular occasions of adjudication and that this requires treating legal requirements transparently, i.e., as sensitive to their moral justifications. (shrink)

Adolescents are routinely treated differently to adults, even when they possess similar capacities. In this article, we explore the justification for one case of differential treatment of adolescents. We attempt to make philosophical sense of the concurrent consents doctrine in law: adolescents found to have decision-making capacity have the power to consent to—and thereby, all else being equal, permit—their own medical treatment, but they lack the power always to refuse treatment and so render it impermissible. Other parties, that is, individuals (...) who exercise parental responsibility or a court, retain the authority to consent on an adolescent’s behalf. We explore four defences of the doctrine. We reject two attempts to defend the asymmetry in the power to consent to and refuse medical treatment by reference to transitional paternalism. We then consider and reject a stage of life justification. Finally, we articulate a justification based on the distinctiveness of adolescent well-being. (shrink)

Few aspects of social behavior tell us more about a culture than those practices that involve the roles it assigns to models and copies. Under interpretation, such conduct reveals its attitudes toward authority and antiquity, its sense of identity and regard for security, and the relative importance that it attached to imitation and invention. To varying degrees, all societies display these concerns, but in none were they so firmly grounded in a considered theory of the relation between prototype and derivative (...) as they were in Byzantium. An example from the domain of law will illustrate, though not explain, this cultural difference. As against the Roman tradition in which the use of copies as evidence in court was prohibited, at least from the tenth century on Byzantine tribunals accepted the legitimacy of certified copies of documents. The very word used for an official copy—ison, meaning equal— suggests the conceptual distinction between it and the terms copie, Kopie, kopiya, and so on, in modern languages, all derived from the Latin word for abundance. (shrink)

Law is indispensable to the public's health. The twentieth century proved this true as law contributed to each of the century's ten great public health achievements: vaccination, healthier mothers and babies, family planning, safer and healthier foods, fluoridation of drinking water, the control of infectious diseases, the decline in death from heart disease and stroke, recognition of tobacco use as a health hazard, motor vehicle safety, and safer workplaces.The readers of this journal can give examples of the relevant types of (...) laws with ease: Jacobson v. Massachusetts, the 1905 U.S. Supreme Court case that upheld the constitutionality of compulsory vaccination; mandatory immunization for school admission; authorization of state prenatal care programs; mandatory fortification of foods; Title X of the Public Health Service Act; the Pure Food and Drugs Act of 1906; the Safe Drinking Water Act of 1974, and hundreds of state and local enactments regulating food; fluoridation ordinanceswater, and sanitation; the Surgeon General's warning notices on cigarette packs and restrictions on marketing tobacco; seat belt laws and mandated vehicle and highway design features; and laws like the federal Occupational Safety and Health Act of 1970 that regulate working conditions. (shrink)

Law is indispensable to the public's health. The twentieth century proved this true as law contributed to each of the century's ten great public health achievements: vaccination, healthier mothers and babies, family planning, safer and healthier foods, fluoridation of drinking water, the control of infectious diseases, the decline in death from heart disease and stroke, recognition of tobacco use as a health hazard, motor vehicle safety, and safer workplaces.The readers of this journal can give examples of the relevant types of (...) laws with ease: Jacobson v. Massachusetts, the 1905 U.S. Supreme Court case that upheld the constitutionality of compulsory vaccination; mandatory immunization for school admission; authorization of state prenatal care programs; mandatory fortification of foods; Title X of the Public Health Service Act; the Pure Food and Drugs Act of 1906; the Safe Drinking Water Act of 1974, and hundreds of state and local enactments regulating food; fluoridation ordinanceswater, and sanitation; the Surgeon General's warning notices on cigarette packs and restrictions on marketing tobacco; seat belt laws and mandated vehicle and highway design features; and laws like the federal Occupational Safety and Health Act of 1970 that regulate working conditions. (shrink)

IntroductionExtended decision -making through the use of proxy decision -makers has been enshrined in a range of International Codes, Professional Guidance and Statute,For example, the UK Mental Capacity Act section 9.1; The General Medical Council ; the US National Guardianship Association ; Nuffield Council on Bioethics ; CIOMS-WHO section 6. Court cases such as Re Quinlan in the US have also contributed to establishing the groundings for the legal status of the proxy, albeit in terms of who might be (...) suitable as a proxy in cases where there was no clear appointment of them by a still competent individual. and is now widely seen as a useful means through which we can exercise control over decisions that affect our lives when we have lost capacity to make these decisions for ourselves.I will here limit myself to discussion of proxy consent for adults appointed prior to the loss of competence by the person they are acting as proxy for. The issue of p. (shrink)

In 1988, the California state legislature passed the California Street Terrorism Enforcement and Prevention Act, which allowed courts to “enhance” the sentences of offenders who have been proven to "promote, further, or assist in any criminal conduct by gang members." It bundled together criminality, policing, and incarceration in ways that drew upon the fears of the black/latino Others that were imminent in panics surrounding the “crack epidemic” and inner-city crime. Jumping to April 2016, the Salvadoran government has passed strikingly similar (...) legislation, which centers on reclassifying gang-associated crimes as terroristic; in essence under their new laws gang affiliation is a terrorist. This, too, has been enacted in the midst of panic about gang violence and low-level warfare between gangs and the Salvadoran state. The adoption of US-style anti-gang approaches by the Salvadoran government is not new. In 2003, the right-wing government passed mano dura [“iron fist”] policies that sought to address increases in gang associate crime with zero-tolerance, tough-on-crime measures. Law enforcement received expanded leeway to target and arrest gang members, especially those from Mara Salvatrucha 13 and Barrio 18. Despite the lack of sustained reductions in violent crime, the mano dura policies have remained and will only be exacerbated by the new legislation. (shrink)

In Harris v Digital Pulse Pty Ltd (2003) 56 NSWLR 298, the New South Wales Court of Appeal held that exemplary (or punitive) damages are not available for breach of fiduciary duty or other equitable obligation. The decision runs counter to authorities in Canada, New Zealand and some U.S. states. Punitive (exemplary) damages is a hotly debated topic in the United States and it has attracted considerable interest among law and economics scholars, particularly in the tort litigation context. This (...) article analyzes the Digital Pulse case from a law and economics perspective. Polinsky and Shavell (among others) argue that the function of punitive damages is to achieve optimal deterrence in cases where the probability that the plaintiff will discover and successfully litigate the defendant’s wrongdoing is less than 1. Given the high costs of monitoring fiduciary behaviour, it might be tempting to conclude that exemplary damages should be routinely awarded for breach of fiduciary obligation. The article explains why this view is wrong. On the other hand, given the availability of gains-based remedies (the account of profits and the like) for breach of fiduciary obligation, it might be tempting to conclude that exemplary damages are never justified in fiduciary cases. The article explains why this view is wrong too. The main conclusions are that: (1) exemplary damages should be available for breach of fiduciary duty and the like, but not as a matter of course; and (2) exemplary damages were probably not warranted in Digital Pulse itself. (shrink)

This paper argues that there is a default presumption that punishment has some deterrent effect, and that the burden of proof is upon those who allege that the costs of any particular penal system are insufficient to offset its deterrent benefits. This burden of proof transmits to the discussion of international law, with the conclusion that it is those who oppose international jurisdiction, rather than their opponents, who must prove their position. This they have so far failed to do.

À rebours d’un progrès technique consistant à voir les logiciels de CAO/PAO (« Conception/Publication Assistée par Ordinateur ») comme une « augmentation » mécanique des possibilités créatives, nous proposons de considérer ce processus comme une accélération – voire comme une automatisation – de façons de faire traditionnelles. Alors que les designers utilisent au quotidien les mêmes logiciels, ont-ils pleinement conscience de leur histoire et de leurs implications? Comment cette tendance à la normalisation s’inscrit-elle dans l’histoire des transformations techniques induites par (...) le développement de la computation? Pour traiter ces enjeux, nous invitons à parcourir sous forme de courtes notices une série d’objets techniques (logiciels de création, machines, etc.), classés du plus standardisant au plus ouvert. Chacun de ces items comprend trois sous-parties : une description de son caractère standardisant, une critique des valeurs qu’il embarque, et des contre-emplois (antérieurs ou postérieurs) en art et en design. (shrink)

Apparu au tournant des révolutions industrielles comme une brèche dans l’idée dominante d’économie industrielle, le design, depuis quelques années, se voit affublé d’une multitude de qualificatifs : « écodesign », « design social », « design éthique », « design inclusif », etc. On peut dès lors se demander si cette tendance ne met pas en évidence une difficulté à comprendre ce qui pose problème dans le design « tout court » : ayant peut-être perdu sa force subversive, ce (...) dernier serait-il désormais parfaitement intégré aux forces productives? Existe-t-il une responsabilité propre au design? (shrink)

pt. 1. Philosophy and law -- Direct and oblique intention and malice aforethought -- Intention and mens rea in murder -- Duress per minas as a defence to crime -- The expert in court -- pt. 2. Philosophy and war -- Counterforce and countervalue -- Better dead than Red -- The logic and ethics of nuclear deterrence -- Risk, recklessness, and extravagance -- Epilogue -- Enemies of academic freedom.

Unreal City: a zany cartoon megalopolis where towers are built of cotton candy, facts scatter like pixie dust, and the truth is whatever you feel it to be. And it's no fantasy. It's where we live. We dwell in Unreal City. We believe in un-being. With saber-like wit, poet and professor Anthony Esolen leads readers on a tour through the ruins of their own Western world--through king-size bookstores, manicured college campuses, strobe-lit choir lofts, mechanized farms, divorce courts, drag-queen libraries, (...) and beyond. This hilarious guide to a culture gone mad with sex and self-care minces no words and spares no egos. We the people of Unreal City are no better, and certainly no smarter, than our fathers. But fear not. Sex and the Unreal City insists there's no need to settle down in the ninth circle of unreality. Esolen lights a torch and heads up the well-trod path back to our cleaner, kinder, truer homeland: earth. Along the way, the author sings the songs of masters somehow long forgotten--Shakespeare, Dante, Milton, the evangelists--and asks us to chant along. Readers of essayists like George Weigel, George Rutler, Malcom Muggeridge, and Walker Percy will enjoy this rollicking, intelligent book."--Amazon. (shrink)

For this new anthology, Anthony Bonner has chosen central texts from his acclaimed two-volume compilation Selected Works of Ramon Llull. Available for the first time in an affordable format, these works serve as an introduction to the life and writings of the Catalan philosopher, mystic, and theologian who lived from 1232 to 1316. Founder of a school of Arabic and other languages, Llull was also a poet and novelist and one of the creators of literary Catalan.This volume contains three (...) prefaces on Llull's life, thought, and reputation. Of Llull's works, it offers Book of the Gentile and the Three Wise Men, his seminal Christian apology; the Ars brevis, a summary of his philosophical system; The Book of the Lover and the Beloved, a celebration of mystical love in the courtly tradition; and his wittily scathing Book of the Beasts. (shrink)

This personal view draws attention to the lack of regard, given by the BMA in its new guidance, to the symptomatic benefit of clinically assisted nutrition and hydration in patients who are not imminently dying. This article aims to identify how ignoring symptomatic benefit is a serious oversight and cause for concern given that this document, endorsed by the General Medical Council and courts, is created with the purpose of providing a framework for best interests decision-making. The new BMA guidance (...) on CANH, which is endorsed by the GMC,1 follows up on the Supreme Court case of An NHS Trust v Y,2 that any removal of CANH from a patient in prolonged disorder of consciousness no longer requires the approval of the court unless there is disagreement or the decision is finely balanced. The decision in …. (shrink)

This chapter considers the effect of European Union (EU) law in the national courts of the member states and its status vis‐a‐vis overlapping rules of national law. The basic doctrines crafted by the Court of Justice of the European Union (CJEU) marked a significant departure from the standard model of international law and made a major contribution to the early development of the common market. The CJEU added, in many national legal systems the essentials of the legal rules governing (...) State liability have been developed by the courts. The principle of state liability has in practice been applied by the CJEU with restraint. The national courts now routinely apply the doctrines of direct effect and what de Witte calls ordinary primacy. However, the idea that Union law takes precedence over national rules having constitutional status has proved problematic with top national courts, particularly in so‐called dualist member states. (shrink)

-/- Following the Mental Capacity Act (MCA) becoming law in 2005, and prior to its coming into force in 2007, there was a sustained effort to train support staff in the many social care settings where this new law was applicable. This training drive was necessary because, prior to the MCA, mental capacity law had evolved in the courts through consideration of a small number of cases that concerned serious medical treatments. These included the withdrawal of artificial nutrition and hydration (...) (Airedale NHS Trust v. Bland [1993]), blood transfusion (Re T [1993]), tissue donation (Re Y [1997]) and the provision of experimental medication for terminal illness (Simms v. Simms and another (2003)). In line with the Law Commission’s recommendations, the MCA extended the application of the law to ‘all acts in connection with care or treatment’ (MCA, Section 5), meaning that, overnight, social care settings and informal family care environments immediately fell within the scope of the legislation. (shrink)

Public health emergencies have occurred throughout history, encompassing such events as plagues and famines arising from natural causes, disease pandemics interrelated with wars, and industrial accidents such as the 1986 Chernobyl disaster, among others. Law and legal tools have played an important role in addressing such emergencies. Three prime U.S. examples are Congressional authorization of quarantine as early as 1796, legally mandated smallpox vaccination upheld in a landmark 1905 U.S. Supreme Court ruling, and the President's 2003 executive order adding (...) SARS to the federal government's list of “quarantinable communicable diseases.”The public health emergencies of the present — both actual and potential — pose equally serious threats but do so in the context of greatly magnified expectations that stem directly from the attacks of September 11, 2001, and the immediately following anthrax attacks. (shrink)

Public health emergencies have occurred throughout history, encompassing such events as plagues and famines arising from natural causes, disease pandemics interrelated with wars, and industrial accidents such as the 1986 Chernobyl disaster, among others. Law and legal tools have played an important role in addressing such emergencies. Three prime U.S. examples are Congressional authorization of quarantine as early as 1796, legally mandated smallpox vaccination upheld in a landmark 1905 U.S. Supreme Court ruling, and the President's 2003 executive order adding (...) SARS to the federal government's list of “quarantinable communicable diseases.”The public health emergencies of the present — both actual and potential — pose equally serious threats but do so in the context of greatly magnified expectations that stem directly from the attacks of September 11, 2001, and the immediately following anthrax attacks. (shrink)

The prelims comprise: Introduction The Foundations of Altruism and Autonomy in Medical Ethics The Problem of Medical Injury and the Emergence of Safety The Ancient Practices of Malpractice Litigation What Do We Disclose Today, and What Will We Disclose in the Future? Malpractice Reform: Health Courts References.

This article is about the information relevant to decision-making capacity in refusal of life-prolonging medical treatment cases. We examine the degree to which the phenomenology of the options available to the agent—what the relevant states of affairs will feel like for them—forms part of the capacity-relevant information in the law of England and Wales, and how this informational basis varies across adolescent and adult medical treatment cases. We identify an important doctrinal phenomenon. In the leading authorities, the courts appear to (...) count the first-personal phenomenology of the available options among the information that adolescents seeking to refuse life-prolonging treatment must understand and appreciate in order to possess capacity; adults are not held to this (higher) standard. We evaluate this differential treatment in light of philosophical work on transformative choice—decisions involving options whose sensory character, and effect on our values and preferences, are grasped only through experience itself. (shrink)

Aquinas needs no introduction as one of the greatest minds of the middle ages. Highly influential on the development of Christian doctrine, his ideas are still of fundamental philosophical importance. This new critique of his natural law theory discusses the theory's background in Aristotle and advances new interpretations of contemporary legal issues which hark back to Aquinas.

Both critique and an appropriation of a large and diverse body of work, Home and Beyond is a major contribution to contemporary Husserl scholarship.

From Plato's Republic and St. Augustine's Confessions through Marx's Capital and Sartre's Being and Nothingness, the extraordinary philosophical dialogue between great Western minds has flourished unabated through the ages. Dazzling in its genius and breadth, the long line of European and American intellectual discourse tells a remarkable story--a quest for truth and wisdom that continues to shape our most basic ideas about human nature and the world around us. That quest is brilliantly brought to life in The Oxford History of (...) Western Philosophy. Featuring hundreds of spectacular illustrations--including sixteen pages of full-color plates--this splendidly written volume takes the reader on a magnificient chronological tour through the revolutions of thought that have forged the Western philosophical tradition from ancient times to the present. Throughout, the six contributors--an internationally renowned team of philosophers including Roger Scruton, Anthony Quinton, and Anthony Kenny--bring the astonishingly diverse, wide-ranging landscape of intellectual history into sharp focus, emphasizing how notions seen today as part of an inevitable march of ideas were in their own time often considered radical, if not revolutionary. Thus we are treated, for example, to lively accounts of how Plato's "theory of forms" and Aristotle's pioneering exercises in logic broke with the past to irrevocably alter the course of Western thought. The authors also reveal the relationships between landmark thinkers, and the ways they drew on their intellectual heritage. They show, for instance, how St. Augustine and Aquinas, though advancing the cause of Christian doctrine, picked up where their pagan Greek forebears had left off. We witness how, during the Renaissance, the profound empiricist ideas underlying Descarte's famous utterance--"I think, therefore I exist"--lived in a tense but complementary relationship with Locke's rationalist theories. Moving into the eighteenth and nineteenth centuries, the book explores how Hume greatly influenced Kant's conception of the "transcendental aesthetic," and how Hegel drew upon the lesser known (but groundbreaking) work of Fichte and Schelling. The authors bring the story up to our own time, vividly recounting the existential trend from Nietzsche ("God is dead") to Sartre, along with other increasingly fractious schools of thought. Along the way, we not only encounter the vast intellectual riches of the Western mind, but we also meet the personalities behind the great thoughts, from the saintly Hume (described by Adam Smith as having "come as near to perfection as anybody could") to the ill-mannered outcast Fichte. And the hundreds of maps and striking illustrations (including full-color reproductions of art ranging from medieval manuscripts to the works of Raphael, Ingres, and Magritte) form an integral part of the book, revealing the interweaving of art and ideas through the ages, as artists have striven to give visual immediacy to philosophical concepts. The Oxford History of Western Philosophy is the most authoritative single-volume account ever written for the general reader. Engagingly written and astonishingly far-reaching, it provides the consummate introduction to the intellectual bedrock upon which Western civilization is built. (shrink)

Throughout his long and distinguished career, Sir Anthony Kenny has encountered some of the most notable and influential leaders of the post-war world. In these brilliantly vivid vignettes Kenny offers telling and often unexpected insights into the achievements, flaws and foibles of sixty public figures—past and present—each of whom has contributed in decisive ways to British political, spiritual, and cultural heritage.

Bare plural generic sentences pervade ordinary talk. And yet it is extremely controversial what semantics to assign to such sentences. In this paper, I achieve two tasks. First, I develop a novel classification of the various standard uses to which bare plurals may be put. This “variety data” is important—it gives rise to much of the difficulty in systematically theorizing about bare plurals. Second, I develop a novel account of bare plurals, the radical account. On this account, all bare plurals (...) fail to express propositions. The content of a bare plural has to be pragmatically “completed” by a speaker in order for her to make an assertion. At least the content of a quantifier expression has to be supplied. But sometimes, the content of a sentential operator or modal verb is also supplied. The radical account straightforwardly explains the variety data: Speakers’ communicative intentions vary wildly across different contexts. (shrink)

First published in 1973, Sir Anthony Kenny’s classic introduction to Wittgenstein was widely praised for offering a lucid and historically informed account of the philosopher’s core concerns. Kenny's study is also remarkable for demonstrating the continuity between Wittgenstein’s early and late writings. Focusing on Wittgenstein’s philosophy of mind and language, Kenny closely examines the works of the middle years. He exposes apparent conflicts and then goes on to reconcile them, providing a persuasive argument for the unity of Wittgenstein’s thought. (...) This revised edition includes an extensive new introduction in which Kenny outlines developments in Wittgenstein scholarship since the book was first published and assesses Wittgenstein’s influence in the latter part of the twentieth century. (shrink)

This powerful critique of Marx's historical materialism - as a theory of power, as an account of history, and as a political theory -has been revised to take note of the profound intellectual and political changes that have occurred since the first edition was published. Reviews from the first edition 'Giddens draws upon a formidable knowledge of anthropology, archaeology, geography, and philosophy to demonstrate the limitations of Marxism and to formulate his own interpretation of the history of societies ... He (...) does a masterful job of setting his theory within a historical and critical framework of writings on Marx. His clarity of thought and his deft and often humorous handling of the unavoidable jargon of sociology and Marxist political theory makes this book a critical work of the highest quality.' Journal of International Law and Politics 'By contrast with many practictioners in the rather murky area of social theory, Giddens clearly seeks to make himself understood, and he has the useful quality of provoking one to argument. He has let light into some dark places.' The Times Higher Education Supplement 'Although Marx, Durkheim, and Weber continue to fill more index space than any other authors, Critique is Giddens's most explicit and committed statement of his own conceptualization of social theory ... It is his most original and therefore most vulnerable book, at once a cause for celebration and an invitation to critical reappraisal of the author's entire theoretical project.' Environment and Planning. (shrink)

A study of the relationship between the Eudemian and Nichomachean Ethics of Aristotle.

Shaftesbury's Characteristics of Men, Manners, Opinions, Times was published in 1711. It ranges widely over ethics, aesthetics, religion, the arts (painting, literature, architecture, gardening), and ancient and modern history, and aims at nothing less than a new ideal of the gentleman. Together with Locke's Essay Concerning Human Understanding and Addison and Steele's Spectator, it is a text of fundamental importance for understanding the thought and culture of Enlightenment Europe. This volume presents a new edition of the text together with an (...) introduction, explanatory notes and a guide to further reading. (shrink)

This new edition keeps the same successful format, with each chapter providing a self-contained introduction to the topic it discusses, rewritten to include ...

Short Arguments: Some General Rules Arguments begin by marshaling reasons and organizing them in a clear and fair way. Chapter I offers general rules for ...

What is mind? This book attempts to give a philosophical answer to that question in language accessible to the layperson, but with a rigor acceptable to the specialist. Published on the centenary of the birth of Wittgenstein and the 40th anniversary of the publication of Gilbert Ryle 's classic The Concept of Mind, this work testifies to the influence of those thinkers on Kenny's own work in the philosophy of mind, and assembles Kenny's ideas on philosophical psychology into a systematic (...) whole. (shrink)

Henry, his parents, and his dog Mudge take a vacation out West, where they enjoy tumbleweeds, desert animals, souvenirs, and the wide open spaces.

This chapter addresses Immanuel Kant and the potential impasse of any philosophical account of religious experience. Various attempts within phenomenology are explored to broaden the notion of givenness and evidence beyond the parameters of object-givenness. Then, the chapter deals with a phenomenology of religious experience as an irreducible sphere of human experience, and its unique style of evidence and modalisations. For Kant, experience is limited to one mode of givenness in which objects of knowledge are actively constituted with the direct (...) implication that one cannot meaningfully speak of a religious experience. The recognition of the different quality of givenness in religious experience implicated the significant matter of religious evidence. (shrink)

Taking a refreshingly hands-on approach to introductory ethics, A 21st Century Ethical Toolbox provides students with a set of tools to help them understand and make a constructive difference in real-life moral controversies. Thoroughly optimistic, it invites students to approach ethical issues with a reconstructive intent, making room for more and better options than the traditional "pro" and "con" positions that have grown up around tough problems like abortion and animal rights. Ideal for introductory and applied ethics courses, this unique (...) text does not treat ethics as a purely academic, historical, or theoretical subject, but as a wide-ranging and ongoing set of challenges that calls for multiple and interwoven kinds of intelligence. It covers the skills that are most vital to making real progress in ethics, including paying careful attention to the values at stake on all sides of an issue; looking for creative opportunities within difficult problems; critical-thinking skills such as defining key terms and making sure to judge similar cases alike; and learning how to engage in constructive dialogue. Instructors can readily use the experiential and applied activities inspired by this "toolbox" of practical skills to design an interactive and collaborative ethics course. Students can carry these essential skills directly from this book into such projects as campaigning for environmental awareness and staffing local homeless shelters. In addition to his own discussion, Weston includes gripping and provocative short selections from essayists, activists, and philosophers, and also cites his own students. Extensive "Exercises and Notes" sections end each chapter, and a detailed appendix offers instructors advice on how to use the Toolbox in the classroom. (shrink)

In this little volume, Anthony Thiselton makes an impassioned appeal for closer attention to the philosophy of hermeneutics. Emilio Betti provocatively observes that hermeneutics ought to constitute an obligatory course for most degrees in the humanities. Hermeneutics, he insists, teaches patience, tolerance, respect for other views, understanding, and humility, while holding one's own views with firmness and generosity. Yet many teaching institutions do not yet recognize this. With this in mind, Thiselton first considers and responds to those who argue (...) that hermeneutics is not necessary. Then he considers anew more sophisticated thinkers on the subject. Types of texts and hermeneutical models, he argues, are almost infinite, a fact many biblical scholars do not recognize. In the field of biblical hermeneutics, too many view the Bible as one thing, or as a monochrome landscape--it is not. The culmination of Thiselton's case consists in a sustained reflection on the impressive work of Paul Ricoeur, selecting thirteen points of genuine advance his work makes. With a glossary of fifty technical terms this is a volume that will prove helpful to student and scholar alike. (shrink)