For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged (...) text of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes an up-to-date bibliography and biographical synopses of the principal figures mentioned in the text. (shrink)

John Austin's classic work that has had a profound influence on the study of English and American law presents Austin's distinction between "positive law" (i.e.

Early in the Preface to Religion within the Limits of Reason Alone, Kant claims that “morality leads ineluctably to religion”. This thesis is hardly an innovation of the Religion. Again and again throughout the critical corpus, Kant argues that religious belief is ethically significant, that it makes a morally meaningful difference whether an agent believes or disbelieves. And yet these claims are surely among the most doubted of Kant's positions – and they are often especially doubted by readers who consider (...) themselves Kantians. That Kant of all people should have so cherished religion is perhaps surprising: his moral view enshrines the notion that moral worth arises solely form the “good will”, that is, from a will determined by the moral law. Kant claims to be able to deduce this law and to account for how it motivates without ever relying on religious propositions. Rather, he grounds morality in the conception of autonomy, in the absolutely free self-legislation of the moral principle. So why, after effecting this dramatic Copernican revolution in ethics, does Kant appear to backslide, insisting on the moral necessity of religious belief? (shrink)

Matthew Caswell - The Value of Humanity and Kant's Conception of Evil - Journal of the History of Philosophy 44:4 Journal of the History of Philosophy 44.4 635-663 Muse Search Journals This Journal Contents The Value of Humanity and Kant's Conception of Evil Matthew Caswell Recent years have seen the development of a powerful reinterpretation of Kant's basic approach in ethical thought. Kant, it is argued, should not be read as defending the stark, metaphysics-laden formalism for which his (...) theory is so famous. Rather, the reinterpreters claim that the heart of Kantian practical philosophy is the absolute value of humanity, or human rational nature. Kant's ethics can thus be understood as a "theory of value," in which the singular value of our own end-setting capacity as rational agents is taken as supreme, or even as the source of all value. On this reading, morality is just acting in such a way that respects or promotes the value of humanity. Moreover, this value may be deduced through an immanent, regressive argument about the conditions of practical agency as such, according to which any adequate conception of ourselves as agents commits us, finally, to moral norms. The consequences of this approach to Kantian ethics for such central issues as the doctrine of transcendental freedom, ethical formalism, the meaning of Kantian deontology, and indeed the very picture of human moral life for which Kant's theory is meant to account are profound... (shrink)

Side effects are ubiquitous in medicine and they often play a role in treatment decisions for patients and clinicians alike. Philosophers and health researchers often use side effects to illustrate issues with contemporary medical research and practice. However, technical definitions of ‘side effect’ differ among health authorities. Thus, determining the side effects of an intervention can differ depending on whose definition we assume. Here I review some of the common definitions of side effect and highlight their issues. In response, I (...) offer an account of side effects as jointly (i) unintended and (ii) effects due to the causal capacities or invariances of an intervention. I discuss (i) by examining the intentions or reasons behind therapeutic interventions, and I discuss (ii) by appealing to a manipulationist model of causation. The analysis here highlights that side effects are conceptually distinct from related outcomes like adverse events, adverse drug reactions, and placebo effects. The analysis also allows for reflection on the utility of ‘side effect’ as a technical term in medical research and practice. (shrink)

Although they are continually compositionally reconstituted and reconfigured, organisms nonetheless persist as ontologically unified beings over time – but in virtue of what? A common answer is: in virtue of their continued possession of the capacity for morphological invariance which persists through, and in spite of, their mereological alteration. While we acknowledge that organisms‟ capacity for the “stability of form” – homeostasis - is an important aspect of their diachronic unity, we argue that this capacity is derived from, and grounded (...) in a more primitive one – namely, the homeodynamic capacity for the “specified variation of form”. In introducing a novel type of causal power – a „structural power‟ – we claim that it is the persistence of their dynamic potential to produce a specified series of structurally adaptive morphologies which grounds organisms‟ privileged status as metaphysically “one over many” over time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 44.4 (2006) 635-663 MuseSearchJournalsThis JournalContents[Access article in PDF]The Value of Humanity and Kant's Conception of EvilMatthew CaswellRecent years have seen the development of a powerful reinterpretation of Kant's basic approach in ethical thought. Kant, it is argued, should not be read as defending the stark, metaphysics-laden formalism for which his theory is so famous. Rather, the reinterpreters claim that the heart of Kantian (...) practical philosophy is the absolute value of humanity, or human rational nature. 1 Kant's ethics can thus be understood as a "theory of value," 2 in which the singular value of our own end-setting capacity as rational agents is taken as supreme, or even as the source of all value. On this reading, morality is just acting in such a way that respects or promotes the value of humanity. Moreover, this value may be deduced through an immanent, regressive argument about the conditions of practical agency as such, according to which any adequate conception of ourselves as agents commits us, finally, to moral norms.The consequences of this approach to Kantian ethics for such central issues as the doctrine of transcendental freedom, ethical formalism, the meaning of Kantian deontology, and indeed the very picture of human moral life for which Kant's theory is meant to account are profound. The evaluation of the value of humanity interpretation ultimately must examine the challenge posed to the traditional readings of these doctrines in a comprehensive manner. A contribution to this evaluation, however, can be made by a consideration of the relation of the conception [End Page 635] of the value of humanity to a far-reaching but relatively neglected element of Kant's theory, namely, his theory of evil as strictly ethically accountable. In the following analysis, I will show that the assignment of absolute value to humanity is incompatible with Kant's conception of evil. Accordingly, it will be shown that humanity, at least in so far as it is understood in the influential writings of several recent interpreters, cannot be taken by Kant as absolutely morally valuable. 3In the first part of this paper, we shall see how Kant's theory of the "original predisposition" (Anlage), presented as part of Kant's investigation of evil in Religion within the Limits of Reason Alone, denies the central claim of the value of humanity interpretation (Rel, 6:26–28). 4 Next I show why the position defended in the theory of the original Anlage is required by Kant's commitment to the imputability of evil. I will then consider whether the position of the Religion is compatible with the Groundwork argument so favored by the reinterpreters, in which Kant claims that the categorical imperative commands us to treat humanity in ourselves and in others as an end in itself. In the second part of the paper, several leading proponents of the value of humanity interpretation will be examined and criticized in the light of Kant's views uncovered in the first part. I close with brief remarks on the importance of the conception of evil for Kantian theory.1. Kant's Conception of Evil and the Normative Independence of Humanity and personalityBook One of the Religion contains Kant's definitive treatment of the issue of evil. In his investigation, Kant is committed to the basic imputability of evil to an extent rarely matched in the history of philosophy. For Kant, everything for which we can be praised or blamed—everything for which we are morally accountable, and thus everything that is morally good or evil—must necessarily be the product [End Page 636] of a free will. 5 This means that certain desires, or even our sensuous nature in general, cannot be the source of evil, for our sensuousness is not a product of our own freedom, but an imposition of unfree nature. If our will were overpowered by sensuous influences, such that we were compelled by natural forces to deviate from the law, we could... (shrink)

Although contemporary metaphysics has recently undergone a neo-Aristotelian revival wherein dispositions, or capacities are now commonplace in empirically grounded ontologies, being routinely utilised in theories of causality and modality, a central Aristotelian concept has yet to be given serious attention – the doctrine of hylomorphism. The reason for this is clear: while the Aristotelian ontological distinction between actuality and potentiality has proven to be a fruitful conceptual framework with which to model the operation of the natural world, the distinction between (...) form and matter has yet to similarly earn its keep. In this chapter, I offer a first step toward showing that the hylomorphic framework is up to that task. To do so, I return to the birthplace of that doctrine - the biological realm. Utilising recent advances in developmental biology, I argue that the hylomorphic framework is an empirically adequate and conceptually rich explanatory schema with which to model the nature of organisms. (shrink)

First published in 1962, contains the William James Lectures delivered at Harvard University in 1955. It sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well- known distinction of performative utterances from statements, Austin here finally abandons that distinction, replacing it by a more general theory of 'illocutionary forces' of utterances which has important bearings on (...) a wide variety of philosophical problems. (shrink)

The subject of this paper, Excuses, is one not to be treated, but only to be introduced, within such limits. It is, or might be, the name of a whole branch, even a ramiculated branch, of philosophy, or at least of one fashion of philosophy. I shall try, therefore, first to state what the subject is, why it is worth studying, and how it may be studied, all this at a regrettably lofty level: and then I shall illustrate, in more (...) congenial but desultory detail, some of the methods to be used, together with their limitations, and some of the unexpected results to be expected and lessons to be learned. Much, of course, of the amusement, and of the instruction, comes in drawing the coverts of the microglot, in hounding down the minutiae, and to this I can do no more here than incite you. But I owe it to the subject to say, that it has long afforded me what philosophy is so often thought, and made, barren of -- the fun of discovery, the pleasures of co-operation, and the satisfaction of reaching agreement. (shrink)

The underreporting of suspected adverse drug reactions remains a primary issue for contemporary post-market drug surveillance or ‘pharmacovigilance.’ Pharmacovigilance pioneer W.H.W. Inman argued that ‘deadly sins’ committed by clinicians are to blame for underreporting. Of these ‘sins,’ ignorance and lethargy are the most obvious and impactful in causing underreporting. However, recent analyses show that diffidence, insecurity, and indifference additionally play a major role. I aim to augment our understanding of diffidence, insecurity, and indifference by arguing these sins are underwritten by (...) value judgments arising via epistemic risk. I contend that ‘evidence-based’ medicine codifies these sins. (shrink)

A recent development in biology has been the growing acceptance that holobionts, entities comprised of symbiotic microbes and their host organisms, are widespread in nature. There is agreement that holobionts are evolved outcomes, but disagreement on how to characterize the operation of natural selection on them. The aim of this paper is to articulate the contours of the disagreement. I explain how two distinct foundational accounts of the process of natural selection give rise to competing views about evolutionary individuality.

To his harshest critics, Kant's philosophy can seem an unending series of neglected alternatives. Time and again, Kant argues for his position by elimination, ruling out each possible alternative, until his own is the only one left standing. Of course, this strategy amounts to a demonstration of the Kantian position if and only if the field of possible alternatives really is – as Kant always assumes – exhaustive. But readers often suspect that Kant has stacked the deck, that his dogmatic (...) adherence to a particular set of presuppositions, or perhaps simply his lack of philosophical imagination, has unjustifiably restricted the possibilities under consideration, thereby rendering the alleged argument by elimination nothing but an elaborate exercise in question begging. (shrink)

Exploratory experiments are widely characterized as experiments that do not test hypotheses. Experiments that do test hypotheses are characterized as confirmatory experiments. Philosophers have pointed out that research programmes can be both confirmatory and exploratory. However, these definitions preclude single experiments being characterized as both exploratory and confirmatory; how can an experiment test and not test a hypothesis? Given the intuition that some experiments are exploratory, some are confirmatory, and some are both, a recharacterization of the relationship between exploratory and (...) confirmatory experimentation is needed. I discuss ‘phase IV’ trials to show what this recharacterization could look like. Phase IV trials can be exploratory and confirmatory insofar as they concurrently test hypotheses and explore for unforeseen phenomena. Even if it is uncontroversial that a single experiment can have multiple aims, the recharacterization of the relationship between exploratory and confirmatory experimentation is still required for these aims to be held together coherently. I offer an alternative characterization of the relationship between exploratory and confirmatory experimentation where the former remains a distinct kind of experimentation but is not characterized as non-hypothesis-testing. (shrink)

By re-examining the writings of Gadamer and Habermas and their views of earlier interpretive theorists, this book offers a radical challenge to their idea of the 'dialogue' between researchers and their subjects.

Roughly 1.7 million people died in Cambodia from untreated disease, starvation, and execution during the Khmer Rouge reign of less than four years in the late 1970s. The regime’s brutality has come to be symbolized by the multitude of black-and-white mug shots of prisoners taken at the notorious Tuol Sleng prison, where thousands of “enemies of the state” were tortured before being sent to the Killing Fields. In Archiving the Unspeakable, Michelle Caswell traces the social life of these photographic (...) records through the lens of archival studies and elucidates how, paradoxically, they have become agents of silence and witnessing, human rights and injustice as they are deployed at various moments in time and space. From their creation as Khmer Rouge administrative records to their transformation beginning in 1979 into museum displays, archival collections, and databases, the mug shots are key components in an ongoing drama of unimaginable human suffering. Winner, Waldo Gifford Leland Award, Society of American Archivists Longlist, ICAS Book Prize, International Convention of Asia Scholars. (shrink)

The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts. Legal Rights: Historical and Philosophical Perspectives shows that (...) the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life. Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College. (shrink)

This paper begins and ends with the observation that the Pārijātaharaṇa or theft of the magical Pārijāta tree appears to be the only scene from the adult biography of Kṛṣṇa to have enjoyed a popularity comparable to the scenes of his childhood and youth. Inquiring why this might be the case, the article treats the oldest source of the episode, namely the Critical Edition text of the Harivaṃśa, and its elaboration in two Harivaṃśa appendices (App. I 29 and 29A). Two (...) thematic elements characterize 29 and 29A’s enlargement upon the deed: the amplification of conflict over the tree and the ritual activities of women. While the first of these themes, developed in App. I 29, is a natural, if not predictable augmentation of the Kṛṣṇa narrative, understanding the rationale behind App. I 29A’s concerns with the ritual responsibilities of the pativratā or devoted wife requires a more sustained analysis. I argue here that 29A makes explicit a fundamental dynamic of the divine feminine and its role within the Kṛṣṇa biography which can be found at work in the earlier Critical text of the HV as well. This makes possible a final hypothesis on why the Pārijāta episode may have enjoyed a popularity in the Vaiṣṇava tradition unlike any other scene of Kṛṣṇa’s adult biography. (shrink)

This paper explores ethical challenges encountered when conducting research about, and telling, the stories of individuals who had died before the research began. Cases were explored where individuals who lived alone had died alone at home and where their bodies had been undiscovered for an extended period. The ethical review process had not had anything significant to say about the deceased ‘participants’. As social researchers we considered whether it was ethical to involve deceased people in research when they had no (...) opportunity to decline, and we were concerned about how to report such research. The idea that the dead can be harmed did not help our decision-making processes, but the notion of the dead having limited human rights conferred upon them was useful and aided us in clarifying how to conduct our research and disseminate our findings. (shrink)

In this article, we examine patterns of negotiation in multi-party decision making in social work. We draw on Strauss’ theory of negotiated order and a discourse analytical approach, seeking to gain insight into the complex accomplishment of making a decision in an inter-professional and multi-party setting. Working with data from 97 team meetings in a social work setting, we identify two patterns of negotiation in talk: expanding and postponing. ‘Expanding’ covers a group of interactional actions involving turn-taking and closure, while (...) ‘postponing’ includes a group of actions whereby assessments or topics are avoided or made irrelevant. Both are examples of the complex ways in which team members negotiate both the institutional order and the decision to be made in the specific case in situ. (shrink)

Among mycologists, questions persist about what entities should be treated as the fundamental units of fungal populations. This article articulates a coherent view about populations of heterokaryotic fungi and the individuals that comprise them. Using Godfrey-Smith’s minimal concept of a Darwinian population, I argue that entities at two levels of the biological hierarchy satisfy the minimal concept in heterokaryotic fungi: mycelia and nuclei. I provide a preliminary answer to the question of how to understand the relation between these two populations. (...) This article contributes to discussions about the nature of biological individuality, organismality, and evolutionary transitions. (shrink)

The collapse of the Weimar Republic remains central to the history of the 20th century and to contemporary debates on 'classical modernity' and its Europe-wide crisis in the wake of the First World War. The present issue of Thesis Eleven focuses on three dimensions of the Weimar crisis: the experience of fundamental societal crisis and closure and its diagnostic power in relation to the rise of fascist movements; the cognitive and normative resources that sought to work against this crisis-ridden sense (...) of closure; and third, the degree to which these counter tendencies anticipate postmodern interrogations of the premises of classical modernity. (shrink)

Criticism of ‘the West’ and of ‘Western civilization’ in Germany in the early 20th century is generally most familiar today as a conservative force of the age. It is well-known that at the outbreak of war in August 1914 a longstanding German complex of resentment of the Western European powers exploded in a call to arms. Yet it needs to be stressed that not all prominent German bourgeois writers endorsed a wholly militant reading of the motif of German national-cultural ‘protest (...) at the West’. By 1918 an array of voices could come to discern another kind of salient work of contention that refused apology for any kind of violent Kulturkrieg. The thesis defended in this article is that in sophisticated humanistic writing of the era, a German mood of antagonism with the West represents not a regressive ideology but the productive and intelligent outcome of a longstanding preeminence of philosophical questioning in German academic life since the later 19th century about European world pictures and their claims to universal validity on the stage of world history. A range of statements are shown here to anticipate debates of the present day about ‘late’, ‘reflexive’ or ‘post-Eurocentric’ conditions of Western modernity. (shrink)

From his own experience the author has found that searching and finding out that God has created a perfect world/universe relieves him of the stress and pressure of being in a world/universe of total confusion and turmoil while trying to make sense out of his daily struggles of living.

By re-examining the writings of Gadamer and Habermas and their views of earlier interpretive theorists, this book offers a radical challenge to their idea of the 'dialogue' between researchers and their subjects.

The influence of J. L. Austin on contemporary philosophy was substantial during his lifetime, and has grown greatly since his death, at the height of his powers, in 1960. Philosophical Papers, first published in 1961, was the first of three volumes of Austin's work to be edited by J. O. Urmson and G. J. Warnock. Together with Sense and Sensibilia and How to do things with Words, it has extended Austin's influence far beyond the circle who knew (...) him or read the handful of papers he published in journals. (shrink)

This book is the one to put into the hands of those who have been over-impressed by Austin 's critics....[Warnock's] brilliant editing puts everybody who is concerned with philosophical problems in his debt.

Eukaryogenesis is widely viewed as an improbable evolutionary transition uniquely affecting the evolution of life on this planet. However, scientific and popular rhetoric extolling this event as a singularity lacks rigorous evidential and statistical support. Here, we question several of the usual claims about the specialness of eukaryogenesis, focusing on both eukaryogenesis as a process and its outcome, the eukaryotic cell. We argue in favor of four ideas. First, the criteria by which we judge eukaryogenesis to have required a genuinely (...) unlikely series of events 2 billion years in the making are being eroded by discoveries that fill in the gaps of the prokaryote:eukaryote “discontinuity.” Second, eukaryogenesis confronts evolutionary theory in ways not different from other evolutionary transitions in individuality; parallel systems can be found at several hierarchical levels. Third, identifying which of several complex cellular features confer on eukaryotes a putative richer evolutionary potential remains an area of speculation: various keys to success have been proposed and rejected over the five-decade history of research in this area. Fourth, and perhaps most importantly, it is difficult and may be impossible to eliminate eukaryocentric bias from the measures by which eukaryotes as a whole are judged to have achieved greater success than prokaryotes as a whole. Overall, we question whether premises of existing theories about the uniqueness of eukaryogenesis and the greater evolutionary potential of eukaryotes have been objectively formulated and whether, despite widespread acceptance that eukaryogenesis was “special,” any such notion has more than rhetorical value. (shrink)

McCoy and colleagues (2023) offer a reflective framework for data ethics and governance with several historical bioethics principles as a foundation. Their framework is one among a plethora of othe...

Scholars have critiqued mainstream economic approaches to environmental valuation for decades. These critiques have intensified with the increased prominence of environmental valuation in decision-making. This paper has three goals. First, we summarise prominent critiques of monetary valuation, drawing mostly on the work of Clive Spash, who worked extensively on cost–benefit analysis early in his career and then became one of monetary valuation's most thorough and ardent critics. Second, we, as a group of scholars who study relational values, describe how relational (...) values research engages with and addresses many of the critiques of monetary valuation. Third, we offer suggestions for relational values research that continues and deepens its ability to respond to critiques of monetary valuation and contributes to transformative change towards sustainability. (shrink)

A survey of the work of the Majorcan lay theologian and philosopher Ramon Llull (1232-1316), along with examples of its wide influence in late medieval, Renaissance, and early modern Europe and in colonial Spanish America.