This festschrift collects a number of insightful essays by a group of accomplished Christian scholars, all of who have either worked with or studied under Hendrik Hart during his 35-year tenure as Senior Member in Systematic Philosophy at the Institute for Christian Studies, Toronto, Canada.

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in (...) the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey. (shrink)

The book provides a series of approaches to the ancient question of whether and how God is a matter of "experience," or, alternately, to what extent the notion of experience can be true to itself if it does not include God. On the one hand, it seems impossible to experience God: the deity does not offer Himself to sense experience. On the other hand, there have been mystics who have claimed to have encountered God. The essays in this collection seek (...) to explore the topic again, drawing insights from phenomenology, theology, literature, and feminism. Throughout, this stimulating collection maintains a strong connection with concrete rather than abstract approaches to God. The contributors: Michael F. Andrews, Jeffrey Bloechl, John D. Caputo, Kristine Culp, Kevin Hart, Kevin L. Hughes, Jean-Yves Lacoste, Crystal Lucky, Renee McKenzie, Kim Paffenroth, Michael Purcell, Michael J. Scanlon, O.S.A., James K. A. Smith. (shrink)

In this paper I argue that, contrary to both H. L. A Hart and Patrick Devlin, and in sympathy with D. G. Brown, it is possible to read Mill as arguing in On Liberty that morality should be enforced, by public moral disapprobation by society, and by fines, imprisonment, execution, etc., by the state, when it will promote the general welfare. The difference between Mill and his predecessors is that they had no standard for morality other than the subjective (...) standard of what society liked and disliked, whereas Mill has an objective standard: it is immoral to harm others (without their consent). Harm to oneself can never be immoral: "A person who shows rashness, obstinacy, self-conceit—who cannot live within moderate means—who cannot restrain himself from hurtful indulgences—who pursues animal pleasures at the expense of those of feeling and intellect… [these] self-regarding faults previously mentioned, which are not properly immoralities, and to whatever pitch they may be carried, do not constitute wickedness." Harm to others (without their consent) is immoral and is prima facie publicly criticizable and criminalizable: "When, by conduct of this sort, a person is led to violate a distinct and assignable obligation to any other person or persons, the case is taken out of the self-regarding class and becomes amenable to moral disapprobation in the proper sense of the term.". (shrink)

Sex: Nagel, T. Sexual perversion. Ruddick, S. On sexual morality.--Abortion: Ramsey, P. The morality of abortion. Foot, P. The problem of abortion and the doctrine of the double effect. Wertheimer, R. Understanding the abortion argument. Thomson, J. J. A defense of abortion.--Prejudice and discrimination: Wasserstrom, R. Rights, human rights, and racial discrimination. Roszak, B. Women's liberation. Lucas, J. R. Because you are a woman. Thomson, J. J. Preferential hiring. Singer, P. Animal liberation.--Civil disobedience: Rawls, J. The justification of civil disobedience. (...) Singer, P. Rawls on civil disobedience. Dworkin, R. M. Law and civil disobedience.--Punishment: Downie, R. S. The justification of punishment. Kneale, W. The responsibility of criminals. Hart, H. L. A. Murder and the principles of punishment: England and the United States.--War: Anscombe, G. E. M. War and murder. Wasserstrom, R. On the morality of war: a preliminary inquiry. Lackey, D. Ethics and nuclear deterrence. Narveson, J. Pacifism: a philosophical analysis.--Suicide and death: Brandt, R. B. The morality and rationality of suicide. Holland, R. F. Suicide. Nagel, T. Death. Williams, B. The Makropulos case: reflections on the tedium of immortality.--Selected bibliography (p. 432-437). (shrink)

It was proposed that the data from Monte Carlo statistical investigations be subjected to analysis of variance methods rather than the conventional techniques of tabling, graphing, and inspecting the data. Two examples in which analysis of variance methods were applied to published Monte Carlo studies were presented. It was suggested that balanced factorial designs should be used whenever possible in Monte Carlo studies so that analysis of variance methods would be directly applicable. Finally, three advantages of analysis of variance methods (...) over conventional techniques were described and analysis of variance methods were contrasted with a possible alternative analytical method, multiple regression analysis. (shrink)

Philosophers are increasingly coming to recognize the importance of Freudian theory for the understanding of the mind. The picture Freud presents of the mind's growth and organization holds implications not just for such perennial questions as the relation of mind and body, the nature of memory and personal identity, the interplay of cognitive and affective processes in reasoning and acting, but also for the very way in which these questions are conceived and an interpretation of the mind is sought. This (...) volume of essays, by some of today's leading philosophers, explores all these topics, as well as the methods, results and status of the theory itself, while two 'classical' discussions by Wittgenstein and Sartre are also included. A number of the contributions – those by Donald Davidson, W. D. Hart, Jim Hopkins, Adam Morton, David Pears and Richard Wollheim – have not been published before, and a very useful bibliography is provided. It is an anthology that will be vital to anyone interested in Freudian theory and, more generally, in philosophical psychology. (shrink)

Challenging the paradigm in ethics -- The spirit of the enterprise -- Social artifacts and ethical criticism -- General and particular in practical knowledge -- Virtues of benevolence and justice.

Axel Honneth has been instrumental in advancing the work of the Frankfurt School of critical theorists, rebuilding their effort to combine radical social and political analysis with rigorous philosophical inquiry. These eleven essays published over the past five years reclaim the relevant themes of the Frankfurt School, which counted Theodor W. Adorno, Max Horkheimer, Walter Benjamin, Jürgen Habermas, Franz Neumann, and Albrecht Wellmer as members. They also engage with Kant, Freud, Alexander Mitscherlich, and Michael Walzer, whose work on morality, history, (...) democracy, and individuality intersects with the Frankfurt School's core concerns. Collected here for the first time in English, Honneth's essays pursue the unifying themes and theses that support the methodologies and thematics of critical social theory, and they address the possibilities of continuing this tradition through radically changed theoretical and social conditions. According to Honneth, there is a unity that underlies critical theory's multiple approaches: the way in which reason is both distorted and furthered in contemporary capitalist society. And while much is dead in the social and psychological doctrines of critical social theory, its central inquiries remain vitally relevant. Is social progress still possible after the horrors of the twentieth century? Does capitalism deform reason and, if so, in what respects? Can we justify the relationship between law and violence in secular terms, or is it inextricably bound to divine justice? How can we be free when we're subject to socialization in a highly complex and in many respects unfree society? For Honneth, suffering and moral struggle are departure points for a new "reconstructive" form of social criticism, one that is based solidly in the empirically grounded, interdisciplinary approach of the Frankfurt School. (shrink)

This book aims to pinpoint the connection feelings have with behaviour - a connection that, while clear, has never been fully explained. Following William James, Laird argues that feelings are not the cause of behavior but rather its consequences; the same goes for behaviour and motives and behaviour and attitudes. He presents research into feelings across the spectrum, from anger to joy to fear to romantic love, that support this against-the-grain view. Laird discusses the problem of common sense, self-perception (...) theory, the association between feelings and higher cognitive processes, and also the literature on facial expression, posture, and gaze. (shrink)

Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour.The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. (...) Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society.Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change. (shrink)

William James’s theory of emotion has been controversial since its inception, and a basic analysis of Cannon’s critique is provided. Research on the impact of facial expressions, expressive behaviors, and visceral responses on emotional feelings are each reviewed. A good deal of evidence supports James’s theory that these types of bodily feedback, along with perceptions of situational cues, are each important parts of emotional feelings. Extensions to James’s theory are also reviewed, including evidence of individual differences in (...) the effect of bodily responses on emotional experience. (shrink)

How do we establish the relevance of a moral consideration when doing so is problematic? How are conflicts among relevant considerations properly resolved? James D. Wallace maintains that a successful ethical theory should be able to answer these important questions. Nevertheless, he argues, the leading contemporary moral theories do not satisfactorily address them. In this book, Wallace criticizes the standard philosophical accounts of how we should resolve problems of moral relevance and moral conflict. He proceeds by looking at such (...) accounts as utilitarianism, Kantian moral theory, and intuitionism, and by providing an extended evaluation of Henry Sidgwick's moral epistemology. According to Wallace, these approaches pose difficulties because they all assume that there exist fixed, unchanging standards, rules, or methods that give us explicit directions for the solution of such problems. He then goes on to develop his own, "contextualist," approach, which combines elements of both Aristotelian and pragmatic views. To solve new problems, he asserts, we must adapt what we have learned from past problems to novel circumstances, sometimes appreciably changing our ways of dealing with certain kinds of issues. In adapting our ways of dealing with these issues to unprecedented problems, and in dealing with the conflicts that arise from unprecedented juxtapositions of considerations, we alter and even reform morality. (shrink)

In Quandaries and Virtues, Edmund Pincoffs maintains that we observe a multiplicity of moral norms. A common life in which we participate supplies a context in which many virtues play diverse functional roles. He suggests, without developing the idea, that such a common life provides us with a structure for organizing and harmonizing the many moral norms we attempt to pursue. This essay explores that idea. Bodies of shared practical knowledge, such as medicine and scientific research, provide examples of empirically (...) grounded practices in which people simultaneously observe a plurality of norms that guide them in right practice. The essay develops the idea that morality is in important ways Iike these bodies of technical practical knowledge. It maintains that the origin and source of authority of moral norms is appreciably Iike that of technical norms and that the motivation for observing such norms is fundamentaIly similar. (shrink)

In Quandaries and Virtues, Edmund Pincoffs maintains that we observe a multiplicity of moral norms. A common life in which we participate supplies a context in which many virtues play diverse functional roles. He suggests, without developing the idea, that such a common life provides us with a structure for organizing and harmonizing the many moral norms we attempt to pursue. This essay explores that idea. Bodies of shared practical knowledge, such as medicine and scientific research, provide examples of empirically (...) grounded practices in which people simultaneously observe a plurality of norms that guide them in right practice. The essay develops the idea that morality is in important ways Iike these bodies of technical practical knowledge. It maintains that the origin and source of authority of moral norms is appreciably Iike that of technical norms and that the motivation for observing such norms is fundamentaIly similar. (shrink)

Some scholars have argued that CEOs may have excessive influence on their foundation's trustees to give away a portion of company profits to charitable causes in order to gain access to elite circles or support the CEO's personal causes. This may result in charitable contributions that ultimately serve the personal interests of the CEOs without regard to corporate interests or social needs. We examine the extent that CEOs appear to direct charitable giving to be compatible with their own personal interests, (...) and if CEO participation on the foundation board affects the relationship between CEO personal interests and charitable giving. Using a sample of 160 corporate foundations, our results showed that CEOs' interests, as measured by membership in different non-profit organizations, was associated with foundation charitable giving. This association decreased, but was not eliminated, when CEOs were absent from the foundation board. Implications of these findings for researchers and managers are discussed in regards to both agency theory and stewardship theory. (shrink)

James D Marshall; Wittgenstein on Rules: implications for authority and discipline in education, Journal of Philosophy of Education, Volume 19, Issue 1, 30 May.

McCawley supplements his earlier book—which covers such topics as presuppositional logic, the logic of mass terms and nonstandard quantifiers, and fuzzy ...

James D Marshall; Wittgenstein on Rules: implications for authority and discipline in education, Journal of Philosophy of Education, Volume 19, Issue 1, 30 May.

Through an ambitious and critical revision of Michel Foucault's investigation of ethics, James Faubion develops an original program of empirical inquiry into the ethical domain. From an anthropological perspective, Faubion argues that Foucault's specification of the analytical parameters of this domain is the most productive point of departure in conceptualizing its distinctive features. He further argues that Foucault's framework is in need of substantial revision to be of genuinely anthropological scope. In making this revision, Faubion illustrates his program with (...) two extended case studies: one of a Portuguese marquis and the other of a dual subject made up of the author and a millenarian prophetess. The result is a conceptual apparatus that is able to accommodate ethical pluralism and yield an account of the limits of ethical variation, providing a novel resolution of the problem of relativism that has haunted anthropological inquiry into ethics since its inception. (shrink)

In this paper, I argue that the performance stories in the Zhuangzi, and the Butcher Ding story, emphasize an activity meditation practice that places the performer in a mindfulness flow zone, leading to graceful, efficacious, selfless, spontaneous, and free action. These stories are metaphors showing the reader how to attain a meditative state of focused awareness while acting freely in a flow experience. From my perspective, these metaphors are not about developing practical or technical skills per se. My argument challenges (...) a strict instrumental reading. Although instrumental reasoning can easily lead one to focus on the pragmatic outcomes depicted in these stories (See Eno, “Cook Ding’s Dao;” Callahan, “Cook Ding’s Life;” and Robins, “Beyond Skill”), the proposed pragmatic outcomes are merely a kind of collateral result of effortless, free actions, in the flow experience. The metaphors of Butcher Ding, the Lüliang rapids swimmer, the Wheelwright Bian, the Woodcarver Qing, the cicada catcher, the naked artist and so on are used to show the reader a way to engage in free and graceful action in the flow experience. Zhuangzi is not concerned about developing labour skills. He criticizes such skills; seen below when the Butcher claims to have “… left skill behind …” (進乎技矣) (Graham, Chuang-tzu, 63), and chapter five notes that “… skill is a peddler” (工為商) (Watson, Complete, 75). (shrink)

While supporting the cosmopolitan pursuit of a world that respects all rights and interests, James D. Ingram believes political theorists have, in their approach to this project, compromised its egalitarian and emancipatory principles. Focusing on recent debates without losing sight of cosmopolitanism's ancient and Enlightenment roots, Ingram confronts the philosophical difficulties of defending universal ideals and the implications for ethics and political theory. In morality as in politics, theorists have generally focused first on discovering universal values and second on (...) their implementation. Ingram argues that only by prioritizing the development and articulation of universal values through political action in the fight for freedom and equality can theorists do justice to these efforts and cosmopolitanism's universal vocation. Only by proceeding from the local to the global, from the bottom up rather than from the top down, on the basis of political practice rather than moral ideals, can we salvage moral and political universalism. In this book, Ingram provides the clearest, most systematic account yet of this schematic reversal and its radical possibilities. (shrink)

An artificial general intelligence (AGI) might have an instrumental drive to modify its utility function to improve its ability to cooperate, bargain, promise, threaten, and resist and engage in blackmail. Such an AGI would necessarily have a utility function that was at least partially observable and that was influenced by how other agents chose to interact with it. This instrumental drive would conflict with the strong orthogonality thesis since the modifications would be influenced by the AGI’s intelligence. AGIs in highly (...) competitive environments might converge to having nearly the same utility function, one optimized to favorably influencing other agents through game theory. Nothing in our analysis weakens arguments concerning the risks of AGI. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TOWARD A GENERAL THEORY OF FICTION by James D. Parsons When nelson Goodman writes, "All fiction is literal, literary falsehood," he seems to be disregarding at least one noteworthy tradition.1 The tradition I have in mind includes works by Jeremy Bendiam, Hans Vaihinger, Tobias Dantzig, Wallace Stevens, and a host ofother writers in many fields who have been laboring for more man two centuries to clear the ground (...) for a general theory of fiction. Such a general dieory would, if its exponents are right about its relevemce, be situated at the very heart of die law, literature, religion, science, mathematics — in fact, of humem life itself. Fiction dien would be no neirrow litereiry falsehood, but a kind of pressure, eis Wedlace Stevens said, which die imagination exerts "against die pressure of reality," and which "helps us to live our lives,"2 or, in Hans Vaihingens metaphor, "a scaffolding afterwards to be demolished" 3 — that is, elfter it heis served its constructive purpose. A fiction is a vitally useful creation of die mind corresponding to nothing in the real world. Most people eire aware of some of these fictions, from the perfect geometric figures of Euclid to the black box of contemporary axiomatics. There are many odiers. The notion diat all human beings are equal before die law is a fiction that can serve opposing purposes: it can work as an instrument for securing greater justice in the courts and in society, or it can function as ceimouflage, helping to perpetuate em unjust legal system and em oppressive social order — emd probably in any actual situation it serves both purposes at once. In die science of mechanics the idea of a pure vacuum, in which moving objects meet with no resistance, was for some centuries a useful fiction diat made possible the exact mathematiced analysis of motion in memy forms — another useful fiction. The notion of normality in psychology — mat diere is a universal standard of reference for human behavior — is stdl utilized by clinical and laboratory workers in the field, in spite of the metssive sociological emd ethnographic criticisms that have been leveled against it. In science generally, the idea that 92 James D. Parsons93 diere is a community of experts who by dieir combined influence decide what the trudi is in every field is a fiction diat seems to have come to the end of its usefulness, diough some philosophers have written about it as if it were a reality and not a fiction at edl. The fictions I have cited so far are none of them literary, nor être diey fedse in the ordinetry meaning of the word. They are simply not true; they describe nothing mat exists, except in die mind, emd cem be considered false only if one forgets what they eire emd tries, illegitimately, to apply tests of trudi to them in a direct way. Among the fictions mat might be called literary are the fictions derived from mydis. Now, a myth is a story told in answer to a question or a series of questions that has never been asked, eidier about the real world or (most likely) about the perennial performance of a ritual. The mydi is designed to forestall the questioning, because the questions that might be raised would be too embarrassing or because questions about some aspects of reality ceuinot be formulated without distorting our relation to them. These are the aspects of reedity that can be viewed only out of die corner of the eye, that disappear when we focus our gaze upon diem, and mat can be identified only indirectly.4 The more explicitly fictional devices, too, of poetry, drama, and the novel develop out of the attempt to achieve some sort of cognizeuice of the seune aspects of reality that are related in mydis. I do not meetn to imply that literature, of which mydi is a part, is concerned only with such disconcerting or evanescent aspects of reality. Literature, like all the great realms of culture, is concerned with the whole of reality. It has to be, omerwise its more passionate, its more ediereed concerns would have no lodging place, no environment in which to maintain... (shrink)

"Cornell Paperback." Includes index. Bibliography: p. 163-165.

Claude Lefort's rethinking of ‘the political’ has been highly fruitful for political theory, yet its politics remain unclear. It has inspired transformative, radical-democratic projects, but has also served as a basis for more liberal conceptions. This article explores the sources and implications of this ambiguity by setting Lefort's work against the backdrop of the anti-totalitarian moment in French political thought and the trajectories of two of his students, Miguel Abensour and Marcel Gauchet. It emerges that although Lefort's democratic theory cannot (...) be reduced to a defensive liberalism, neither is it as expansive as some might hope. (shrink)

Geography and Ethics examines the place of geography in ethics and of ethics in geography by drawing together specially commissioned contributors from distinguished scholars from around the world.