This article utilises Luhmann's functional analysis to investigate the role played by legal argumentation within the legal system. Luhmann's sociological observations on this subject suggest an alternative to jurisprudential approaches that understand legal arguments and consequent decisions in terms of the relative strengths of the justifications offered in their support. His account examines the role played by legal argumentation in allowing the legal system to evolve in response to society's increasing complexity. The concepts he employs to analyse this evolutionary capacity (...) of law, developed from their origins in information theory, are redundancy and variety. Beginning with the work of Dworkin the article opens up Luhmann's analysis to consider how legal argumentation operates both as a grounded form of communication, capable of identifying weak or unsustainable interpretations of legal texts, and a mechanism for evolving law in the direction of increasing complexity. (shrink)

This work represents Niklas Luhmann's definitive application of systems theory to the understanding of law. In it Luhmann reviews past attempts to create a theory of law and argues they all fail to capture how law operates in modern society. He presents an alternative, critical theory through analysing law as a system of communication.

Time is central to Luhmann’s writings on social systems. Social systems, as systems of meaning, operate within three dimensions: factual, social and temporal. Each of these dimensions entails selections of actualities from potentialities (or contingencies) within horizons. Whilst the factual dimension involves selections based on distinguishing ‘this’ from ‘something else’, and the social distinguishes between alter and ego (asking with respect to any meaning whether another experiences it as I do), the temporal dimension operates with the primary distinction of before (...) and after. In the temporal dimension, everything is ‘ordered only according to the when and not to the who/what/where/how of experience and action’ (Luhmann in Social systems. Stanford University Press, Stanford, 1995, p. 78). In this paper, we explore the connection between the temporal dimension of meaning within the legal system and its connection to justice. We begin by setting out succinctly the role played by justice within the legal system, as presented by Luhmann, particularly in his book Law as a social system (2004). From this beginning, we move on to consider the relationship between law, justice and time, taking two examples. The first is the temporality of judicial decisions. The second concerns the relationship between the temporal meaning of law’s own operations, and the presumption of innocence. (shrink)

This book presents an introduction to Einstein's Theory of Relativity, which has become a necessary part of the theoretical equipment of every physicist. Even if we regard the Einstein theory of relativity merely as a convenient tool for the prediction of electromagnetic and optical phenomena, its importance to the physicist is very great, not only because its introduction greatly simplifies the deduction of many theorems which were already familiar in the older theories based on a stationary ether, but also because (...) it leads simply and directly to correct conclusions in the case of such experiments as those of Michelson and Morley, Trouton and Noble, and Kaufman and Bucherer, which can be made to agree with the idea of a stationary ether only by the introduction of complicated and ad hoc assumptions. (shrink)

Peirce’s Syllabus is examined and used to interpret metaphoric iconic stereotypes applied to Indigenous people: “noble savage,” “bloodthirsty savage,” “domestic dependent nation,” “vanishing race,” “Indian tribe,” and “ecological Indian.” Efforts on the part of the Indigenous to replace the these stereotypes with different icons such as “Native American,” “First Nations,” and, most recently, “water protectors,” are also examined. The usefulness of representamen categories from Peirce’s Syllabus, “rhematic,” “Argument,” “dicent,” “indexical,” “qualisign,” “legisign,” and “sinsign,” is demonstrated. Greimas’ observations about the functions (...) of modalities are brought in to explain how graphic images and portraiture, fictional and memoir narratives, legal discourses, and popular media representations implement various sections of the Syllabus. Putting Peirce’s Syllabus into action confirms its ability to perform dynamic, diachronic, and diagrammatic functions. (shrink)

The relief of suffering is the great goal of medicine. That physicians give up on suffering when they can do nothing about the underlying condition is one of the contemporary criticisms of medicine. Yet even in irremediable suffering there is something noble, to which physicians should attend.

The doctrine that there is no permanent creator who superintends creation and takes care of his creatures accords quite well with each of the principles known as the four noble truths of Buddhism. The first truth, that distress is universal, is traditionally expounded in terms of the impermanence of all features of experience and in terms of the absence of genuine unity or personal identity in the multitude of physical and mental factors that constitute what we experience as a single (...) person. As we saw above, the principal Buddhist arguments against the existence of God focus on the impossibility of permanence and unity in the causal structure of the universe. The second noble truth, that distress is the outcome of one's own unrealistic aspirations, is traditionally seen as ruling out the erroneous view that distress is something inflicted upon creatures by a cosmic superintendent or by other circumstances completely beyond their control. The third noble truth, that distress can be eliminated by divesting oneself of all unrealistic aspirations, rules out the view that sentient beings, as powerless victims of a divine will, have no alternative to a life of constant frustration. And the fourth noble truth, that the best means of removing unrealistic desires is to follow a methodical course of self-discipline, counters the view that the road to happiness lies in obedience to divine will or in trying to manipulate the sentiments of a cosmic intelligence through prayer or ritual. (shrink)

Taking account of two recent anthologies on virtue ethics, the paper locates the moral virtues relative to Aristotle's description of natural endowments, capacities, rational potentials, arts, character traits, and habits. The distinctions operative in this scheme are then brought to bear on the specific question of whether a burglar can be exhibiting the virtue of courage. The suggestion is made that it may not be because burglary is often unjust that it is not a proper exercise of the virtue, but (...) because the end and manner of its execution are disconnected from what is noble. (shrink)

“Writers don’t have tasks,” said Saul Bellow in a Q-and-A. “They have inspiration.”Yes, at the typewriter, by the grace of discipline and the Muse, but here, on Central Park South, in the Essex House’s bright Casino on the Park, inspiration was not running high.Not that attendance at the forty-eight PEN conference was a task. It was rather what Robertson Davies called “collegiality.” “A week of it once every five years,” he said, “should be enough.” He, Davies, had checked in early, (...) Saturday afternoon, and attended every session. In black overcoat and black fur cap, he had a theatrical, Man-Who-Came-to-Dinner look. In the lobby he made a great impression.Why not? After all, weren’t writers here to be seen as well as to see each other, to make as well as take impressions? A month before, I’d spent a couple of hours at the Modern Language Association convention. There were thousands and thousands of scholars and critics there. Some of the most noted make a career of squeezing authors out of their texts. An author, wrote one tutelary divinity, “constitutes the privileged moment of individualization in the history of ideas, knowledge, [and] literature….”1 Not content with auctoricide, deconstructionist critics went after texts. “Il n’y a pas de hors-texte.”2 Since there’s nothing that doesn’t belong to the text, texts are interchangeable. And it’s not that superfluous, mythical being, the author, who decides they are, but his readers, at least those readers capable of erecting on his miserable pedestal—the poem, the story, the novel—a memorable explication.Ah well, was my thought, for some people a corpse will serve as well as a person. Indeed, for intellectual undertakers, hit-men, and cannibals, as well as for those who suffer the tyranny of authority, corpses are preferable to their living simulacra.Few authors at the PEN conference were troubled by these critical corpse-makers. They were here to see the authors behind the books they’d read, to swap stories and opinions, and to make clear to each other what splendid thinkers and noble humans they were outside of the poems and stories which had brought them here in the middle of winter and New York. In this city, more than any other in the history of the word, the word had been turned into gold. If one were going to abandon the typewriter for the podium, what better place to do it? In 1985, Richard Stern was given the Medal of Merit, awarded every six years to a novelist by the American Academy and Institute of Arts and Letters. He is the author of, among other works, the novels A Father’s Words , Other Men’s Daughters , and Stitch . His third “orderly miscellany,” The Position of the Body, will be published in September 1986. This essay is part of a longer work. Stern is professor of English at the University of Chicago. (shrink)

In most groups, there’s a sort of commedia del l’arte distribution of roles. In families, factories, universities, corporations, people are known not only for their work, their looks, their social and economic status, but also for the characters they assume in the organization. So there are clowns and those who laugh at them, there are leaders and there are followers; some followers are worshipful, some resentful. Most people put on their organization-character as they put on their uniforms. It doesn’t mean (...) that the character isn’t related to their temperament—they have, after all, chosen it as they have chosen what they wear—but it never represents all of what they are and often represents very little. It is a convenience, a way of smoothing the roughness of interaction.At a congress of writers, things are somewhat different. At the PEN Congress there were the clowns—writers, say, like Salman Rushdie, the young Anglo-Indian novelist; there were dour, dynical observers from the periphery—I think of Sven Delblanc, the Swedish novelist; there were writers who’s pulled themselves out of Pleistocene social pockets which they’d barely survived and which they record: here I think of Kenji Nakagami, the Japanese novelist, screenwriter, and critic. Richard Stern’s Noble Rot, Stories 1949-88, will be published in the fall of 1988. (shrink)

What were Shakespeare's final thoughts on history, tragedy, and comedy? Shakespeare's Last Plays focuses much needed scholarly attention on Shakespeare's "Late Romances." The work--a collection of newly commissioned essays by leading scholars of classical political philosophy and literature--offers careful textual analysis of Pericles, Prince of Tyre, Cymbeline, The Winter's Tale, The Tempest, All is True, and The Two Noble Kinsmen. The essays reveal how Shakespeare's thought in these final works compliments, challenges, fulfills, or transforms previously held conceptions of the playwright (...) and his political-philosophical views. (shrink)

"The chief characteristic of poets," writes I. A. Richards in his well-known essay, "Science and Poetry," "is their amazing command of words".1 By this Richards does not mean that poetry can be written "by cunning and study, by craft and contrivance," that is, by "the technique of poetry added to a desire to write some"; his point is rather that "the ordering of the words" must spring from "an actual supreme ordering of experience." The true vocation of "genuine poetry" consists (...) in its attempt to give the reader "a response which is as passionate, noble and serene as the experience of the poet." It is, in other words, only by being "the master of experience" that a poet can be "the master of... (shrink)

Written across the disciplines of art history, literature, philosophy, sociology, and theology, the ten essays comprising the collection all insist on multidimensional definitions of evil. Taking its title from a moment in Shakespeare's Tempest when Prospero acknowledges his responsibility for Caliban, this collection explores the necessarily ambivalent relationship between humanity and evil. To what extent are a given society's definitions of evil self-serving? Which figures are marginalized in the process of identifying evil? How is humanity itself implicated in the production (...) of evil? Is evil itself something fundamentally human? These questions, indicative of the kinds of issues raised in this collection, seem all the more pressing in light of recent world events. The ten essays were originally presented at the First Global Conference on Perspectives on Evil and Human Wickedness, held in March 2000 in Lady Margaret Hall, Oxford University. (shrink)

Plotinus, following certain Platonic cues, maintains that ‘we’ and ‘the true human being’ correspond to the rational part of the embodied human soul. This view is counterintuitive because it is natural to see ourselves and our humanity as including parts of the human organism additional to reason. In this paper, I propose that Plotinus’ view that we are our rational part is best understood as expressing a teleological claim. Since our proper end is an activity of the rational part of (...) soul, it is appropriate to identify our nature with that part of the organism alone. (shrink)

The theory of action underlying Immanuel Kant's ethical theory is the subject of this book.

In Against Absolute Goodness Richard Kraut aims to show that absolute goodness (or badness) is not reason-giving; it plays no role is justifying or requiring certain attitudes and no role in reasoning about what to do. It passes the buck (it never adds to the weightiness of more specific reasons) and so for practical purposes can be ignored. However, he claims that the notions of ‘a good R’ (e.g. a good play) and ‘good for S’ do justify certain attitudes (...) and play important roles in practical reasoning and do not pass the buck. In this review I critique Kraut’s argument that the notions of ‘a good R’ (e.g. a good play) and ‘good for S’ differ from absolute goodness in these ways. Moreover, I discuss and defend Aristotle’s notion of ‘the fine’ or ‘noble’ (καλόν) and Kant’s notion of unconditional goodness. (shrink)

Denis Noble suggests that biologists who created the Modern Synthesis were taken in by conceptual traps and illusions hidden in the language they used. Rather than blame language itself, my response counters that all writers are responsible for careful attention to the implications of the metaphors they use, and that Richard Dawkins deliberately chose “the selfish gene.” Noble’s concept of biological relativity restores Darwin’s fuller and more nuanced definition of natural selection and shows how it also accounts for Lamarck’s (...) assertion that acquired characteristics can be inherited. Biological relativity is supported by Maurice Merleau- Ponty’s chiasmic ontology. (shrink)

This book offers students a philosophical introduction to the ethical foundations of business management. It combines lessons from Kant with virtue ethics and also touches upon additional approaches such as utilitarianism. At the core of the book lies the concept of the nexus of imperfect managerial duty: building and reinforcing the virtuous managerial team, engaging in reasoned discourse among all stakeholders, and diligently pursuing business responsibilities, including the creative efforts necessary for modern organizations. Case illustrations of these applications are presented (...) throughout the book, including chapter appendices. Ancillary videos, test and answer banks and sample syllabi are available online via the author’s website. (shrink)

Within each of the great religions there is a well established doxastic practice (DP) of taking experiential inputs consisting of apparent direct perceptions of God (M experiences) as giving prima facie justification, subject to defeat by overriders supplied by that religion, for belief outputs that God exists and is as he presents himself. (This DP is abbreviated as "MP.") William Alston's primary aim in his excellent book, Perceiving God, is to establish that we have epistemic justification for believing that MPs (...) are reliable in that for the most part their belief outputs are true and moreover true of an objective or experience independent reality, unlike the belief outputs of the DPs based on sensations and feelings, along with the introspective DP whose intentional accusatives, although existing independently of being introspected, fail to be objective because they are themselves conscious states. (shrink)

Highlighting key writings from Professor Richard Pring's international career in education, the texts in this book provide a historical perspective in relation to current debates about philosophy of education in the UK and internationally, drawing attention to issues of current concern. The text explores key themes such as critical realism, teachers as researchers and a way forward for policy through carefully selected examples from Richard Pring's writings. A short introduction is provided for each chapter to help readers to (...) understand the significance of what is presented and how this relates to other chapters in the book. (shrink)

First things -- Emanuel Bach and the allure of the irrational -- Between enlightenment and romance -- Beethoven : confronting the past -- Fragments -- Death masks.

The notion of a "person" is in deep philosophical trouble. And this has posed a deepening crisis for believers: Christian beliefs are, after all, irreducibly about persons. In response to this situation, Prust proposes a new way to reason about persons, one based on identifying persons as characters of action. Employing a phenomenology of action he calls "character logic," he develops a powerful new tool for thinking through some of the intractable dilemmas that have long befuddled belief: - Can we (...) avoid being arbitrary and parochial in claiming that God is the only source of moral value? - Can we reconcile natural evil in the world with God's absolute power? - Can we continue to honor the historicity of faith-based claims in the face of critical history? - Can our personal life be eternal when neither timeless nor everlasting life is conceivable? - Can we accept our personal mortality and still affirm our destiny as eternal? Wholeness: The Character Logic of Christian Belief argues that character logic shows us a reasonable way to think about persons, one that puts theology on a new footing and gives affirmative answers to all these questions! (shrink)

Oxford Approaches to Classical Literature (Series Editors: Kathleen Coleman and Richard Rutherford) introduces individual works of Greek and Latin literature to readers who are approaching them for the first time. Each volume sets the work in its literary and historical context, and aims to offer a balanced and engaging assessment of its content, artistry, and purpose. A brief survey of the influence of the work upon subsequent generations is included to demonstrate its enduring relevance and power. All quotations from (...) the original are translated into English. Plato's Symposium tells of a dinner party at a crucial point in Athenian history at which the guests decide that they will each in turn deliver a speech in praise of love. The humorous and brilliant work that follows points the way towards all Western thinking about love. The Symposium is also one of Plato's most sophisticated meditations on the practice of philosophy. This book introduces the literary and historical context of Plato's work, surveys and explains the arguments, and considers why Plato has cast this work in a highly unusual narrative form. A final chapter traces the influence of the Symposium from antiquity to the modern day. (shrink)

Richard Swinburne presents a substantially rewritten and updated edition of his most celebrated book. No other work has made a more powerful case for the probability of the existence of God. Swinburne gives a rigorous and penetrating analysis of the most important arguments for theism: the cosmological argument; arguments from the existence of laws of nature and the 'fine-tuning' of the universe; from the occurrence of consciousness and moral awareness; and from miracles and religious experience. He claims that while (...) none of these arguments are deductively valid, they do give inductive support to theism and that, even when the argument from evil is weighed against them, taken together they offer good grounds to support the probability that there is a God. The overall structure of the discussion and its conclusion have been retained for this new edition, but much has been changed in order to strengthen the argumentation and to take account of Swinburne's subsequent work on the nature of consciousness and the problem of evil, and of the latest philosophical and scientific writing, especially in respect of the laws of nature and the argument from fine-tuning. This is now the definitive version of a classic in the philosophy of religion. (shrink)

Orientalism and Religion offers us a timely discussion of the implications of contemporary post-colonial theory for the study of religion. Drawing on a variety of post-structuralist and post-colonial thinkers, including Foucault, Gadamer, Said, and Spivak, Richard King examines the way in which notions such as mysticism, religion, Hinduism and Buddhism are taken for granted, and shows us how religion needs to be redescribed along the lines of cultural studies.

This is the third edition of a classic book first published in 1960, which has sold thousands of copies in two paperback edition and has been translated into several foreign languages. Popkin's work ha generated innumerable citations, and remains a valuable stimulus to current historical research. In this updated version, he has revised and expanded throughout, and has added three new chapters, one on Savonarola, one on Henry More and Ralph Cudworth, and one on Pascal. This authoritative treatment of the (...) theme of scepticism and its historical impact will appeal to scholars and students of early modern history now as much as ever. (shrink)

This article outlines how the international push for inclusive education cannot be aligned with current education systems centred on neoliberal ideals of individualism, measurement, and competition. The way that these systems are organised means that a proportion of (usually marginalised) students are necessarily excluded. In order to meaningfully address the global education crisis, that sees millions of children and young people either out of school or unengaged with learning, this ontological misalignment must be acknowledged, and discourse and engagement around it (...) must be promoted. Drawing from the work of Donella Meadows, I argue that ‘high leverage points’ (information flows, rules, system goals, mindsets) are crucial places to intervene in education systems. Intervention at such points, while challenging, has the potential to lead to transformational and sustainable change; change that current ‘low leverage point’ initiatives fail to produce. I conclude with a call for further discourse and research into an examination of ‘high leverage points’ within education systems, how they interact, and how the development of an associated framework would be beneficial for researchers and development partners. (shrink)

Few philosophers have been as widely misunderstood as Nietzsche. His detractors and followers alike have often fundamentally misinterpreted him, distorting his views and intentions and criticizing or celebrating him for reasons removed from the views he actually held. Now available in paper, Nietzsche assesses his place in European thought, concentrating upon his writings in the last decade of his productive life. Nietzsche emerges in this comprehensive study as a philosopher of considerable sophistication who diverged sharply from traditional and ordinary ways (...) of thinking, but whose criticism, departures, and alternative views and strategies deserve to be given the most serious attention by philosophers. (shrink)

A selection of speeches and essays from the author's second decade as president of Yale University.

Ducklings were placed either singly or in pairs on a platform at two different heights. Both height and pairing influenced performance: More ducklings descended from the platform at low heights, and more single ducklings descended than paired ducklings. The social factor, pairing, made behavior more cautious and decreased the number of distress calls. A similar trend for pairing to influence performance was shown on the visual cliff. Without its peers, the duckling is a distressed animal. Previous careless behavior by ducklings (...) on the visual cliff may be ascribed to testing the ducklings outside their normal social environment. (shrink)

The book begins with an overview that introduces the Theorem and the issues surrounding it, and explores how the essays that follow contribute to our understanding of those issues.

"Ce livre propose une enquête philosophique explorant le rapport à la mort dans nos sociétés. C’est une invitation à penser les liens humains à la fin de la vie. On évoque les liens intimes, mais également les liens sociaux encadrés par la loi. Dans un tel contexte, comment discerner les raisons anciennes et nouvelles convenant au bien de la cité? L’ouvrage s’adresse aux accompagnants en soins palliatifs. Il concerne également toute personne soucieuse pour elle-même et ses proches de réfléchir à (...) son voyage au bout de la vie. Nous sommes mortels, nous le savons et le fil de nos existences provoque des occasions de nous le rappeler. Dans la solitude de mourir s’inscrit l’appel à la compassion. Ainsi, pour les Grecs de l’Antiquité, l’image de la cigogne symbolisait la prise en charge des vieux par les jeunes, un signe de l’amitié politique. L’émergence de la culture palliative est intimement liée aux changements qui ont affecté l’évolution récente de la vie démocratique. Cette culture est née et s’est développée dans des circonstances politiques particulières. À l’observer, on peut déchiffrer certains codes de notre vie civique, ses aspirations, mais aussi ses ambiguïtés. Louis-André Richard propose d’examiner les questions actuelles en compagnie de Platon, d’Aristote, d’Augustin ou de Tocqueville. Grâce à eux, la philosophie, symbolisée par la sagesse de Minerve, est mise à contribution pour explorer la genèse et les métamorphoses de concepts comme la dignité et l’autonomie. Comment se déploie la dynamique de la raison et de la liberté à l’heure de notre mort? Tel est l’enjeu pour les roseaux pensants que nous sommes. Si notre frêle espèce appelle à la sollicitude de la cigogne, elle ne saurait négliger de convoquer aussi la sagesse de Minerve."--Résumé de l'éditeur. (shrink)