Legal Philosophies has been written to provide a clear guide to the main topics in a jurisprudence or legal theory course with the novice in mind. It provides summaries of the pertinent arguments within these topics, and of the views of leading theorists. This new edition takes a look at the emergence of "Critical Legal Studies" and "Feminist Jurisprudence", whilst there are new sections on "Moral Truth" and "Communitarianism" (a revived theoretical approach).

The author addresses Robert Nozick's claim that: “The particular rights over things fill the space of rights, leaving no room for general rights to be in a certain material condition.” Hence Nozick insists that rights are violated if citizens are compelled to contribute to others' welfare, however urgent their needs may be. The author argues that it is characteristic of libertarian theories that they invoke the moral sanctity of private property against welfarist or egalitarian conceptions of social justice. Nozick's version (...) of the libertarian critique has three conceptual pillars–“right,”“thing” and “space.” On that basis Nozick claims that talk of welfare “rights” can be condemned on the plane of rights. This is true, Nozick maintains, even of “the right to life.” The author contends that this argument fails. It equivocates over the idea of “rights”; and it misconceives crucial features of property. Nozick deploys exclusive “domain rights,” whilst attacking “important‐interest rights.” His historical‐entitlement theory fails as a justification of private property. The author argues that, so far as material objects are concerned, private property institutions depend upon trespassory rules which do not impose morally binding obligations unless basic needs are catered for. Furthermore, private property institutions also comprise monetary resources to which the spatial metaphor of exclusive rights does not apply. Holdings vested in any particular person at any particular time are stamped, morally, with a mix of contestable and mutable property‐specific justice reasons. Hence it is fallacious to suppose that ownership rights together exhaust all normative space over “things.”The major objection to speaking of everyone's having a right to various things such as equality of opportunity, life, and so on, and enforcing this right, is that these “rights” require a substructure of things and materials and actions; and other people may have rights and entitlements over these. [≡] The particular rights over things fill the space of rights, leaving no room for general rights to be in a certain material condition. (Nozick 1974, 238). (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

The contributors to this new philosophi­cal and historical examination of Vico, Herder, Schiller, and Goethe are Karl J. Fink, James W. Marchand, Harry Ritter, K. Michael Seibt, and David R. Ste­venson. Their essays and commentary address the question why this generation represent­ed by its great minds suddenly discov­ered science—a question posed previ­ously but only tentatively explored. Taken together, the essayists reveal significant new insights into the roles of language, imagination, intuition, em­pathy, modes of perception, and indiv­idualism in scientific creativity (...) and pro­vide important new contributions to the history of arts and sciences. (shrink)

_Ethics: Contemporary Readings_ is designed to lead any student into the subject, through carefully selected classic and contemporary articles. The book includes articles by the leading figures in the field and provides an excellent entry to the topic. The book complements Harry Gensler's _Ethics: A Contemporary Introduction_.

Biologists, historians, lawyers, art historians, and literary critics all voice arguments in the critical dialogue about what constitutes evidence in research and scholarship. They examine not only the constitution and "blurring" of disciplinary boundaries, but also the configuration of the fact-evidence distinctions made in different disciplines and historical moments the relative function of such concepts as "self-evidence," "experience," "test," "testimony," and "textuality" in varied academic discourses and the way "rules of evidence" are themselves products of historical developments. The essays and (...) rejoinders are by Terry Castle, Lorraine Daston, Carlo Ginzburg, Ian Hacking, Mark Kelman, R. C. Lewontin, Pierre Vidal-Naquet, Mary Poovey, Donald Preziosi, Simon Schaffer, Joan W. Scott, Eve Kosofsky Sedgwick, and Barbara Herrnstein Smith. The critical responses are by Lauren Berlant, James Chandler, Jean Comaroff, Arnold I. Davidson, Harry D. harootunian, Elizabeth Helsinger, Thomas C. Holt, Francoise Meltzer, Robert J. Richards, Lawrence Rothfield, Joel Snyder, Cass R. Sunstein, and William Wimsatt. (shrink)

This book celebrates the work of Patricia Werhane, an iconic figure in business ethics. This festschrift is a collection of articles that build on Werhane’s contributions to business ethics in such areas as Employee Rights, the Legacy of Adam Smith, Moral Imagination, Women in Business, the development of the field of business ethics, and her contributions to such fields as Health Care, Education, Teaching, and Philosophy. All papers are new contributions to the management literature written by well-known business ethicists, such (...) as Norman Bowie, Richard De George, Ronald Duska, Edwin Hartman, Michael Hoffman, Mollie Painter-Morland, Mark Schwartz, Andrew Wicks, and others. The volume is comprised of articles that reflect on Werhane’s work as well as build on it as a way to advance further research. At the end of the festschrift, Pat Werhane provides responses to each chapter. The first chapter of the book also includes the overview of Patricia Werhane’s work and her academic career. The book is written to appeal to management scholars and graduate students interested in the areas of Business Ethics, Modern Capitalism, and Human Rights. Patricia Werhane is one of the most distinguished figures in the field of business ethics. She was a founder of the field, she is one of its leading scholars, and she has had a profound impact on the world of business practice. Among her many accomplishments, Pat is known for her original work on moral imagination, she is an acclaimed authority on employee rights in the workplace, and she is one of the leading scholars on Adam Smith. Having been active in Academia for over 50 years, Werhane is a prolific author of over a hundred articles and book chapters, and the author or editor of twenty-seven books, including Adam Smith and his Legacy for Modern Capitalism, Moral Imagination and Management Decision-Making, and co-authored books Organization Ethics in Health Care, Alleviating Poverty Through Profitable Partnerships, Obstacles to Ethical Decision-Making, Corporate Responsibility: The American Experience, and Research Approaches to Business Ethics and Corporate Responsibility. (shrink)

W v o quine has argued that a thorough pragmatism in which 'no statement is immune to revision' is preferable to an empiricism which depends upon the dogmas of the analytic/synthetic distinction and reductionism. i argue that the processes of the revision of statements upon the basis of recalcitrant experiences and the redistribution of truth-values over statements in the system are just as dogmatically dependent as is the empiricism against which quine vies. in order for the re-evaluation of statements and (...) redistribution of truth-values to take place, there must be some rule, principle (dogma) accepted as analytic and unrevisable within that theory according to which the re-evaluation and redistribution take place. and the reason for such a rule or principle is logical and not pragmatic. in other words, revisability cannot take place if every statement is open to revision. (shrink)

Two dogmas of empiricism, by W. V. Quine.--In defense of a dogma, by H. P. Grice and P. F. Strawson.--The analytic and the synthetic: an untenable dualism, by M. G. White.--Synonymity, by B. Mates.--The meaning of a word, by J. L. Austin.--Meaning and synonymy in natural languages, by R. Carnap.--Analytic-synthetic, by J. Bennett.--On "analytic," by R. M. Martin.--Selected bibliography (p. [188]-196).

This study demonstrates that Dewey did not reject Hegelianism during the 1890s, as scholars maintain, but developed a humanistic/historicist reading that was indebted to an American Hegelian tradition. Scholars have misunderstood the "permanent Hegelian deposit" in Dewey's thought because they have not fully appreciated this American Hegelian tradition and have assumed that his Hegelianism was based primarily on British neo-Hegelianism. ;The study examines the American reception of Hegel in the nineteenth-century by intellectuals as diverse as James Marsh and Frederic (...) Henry Hedge and how it flowered in late nineteenth-century St. Louis. The St. Louis Hegelians read Hegel as a particularly practical and politically liberal philosopher whose social philosophy promoted both social diversity and unity. Led by W. T. Harris, they studied Hegel in German and published their own scholarship, as well as translations of German scholarship, in their Journal of Speculative Philosophy. Their efforts to make "Hegel talk English" and to base the St. Louis public schools on Hegel's philosophy of education won them national, and even, international attention. The St. Louis Hegelians sought to adapt Hegel's thought to their American context by assuaging elitist elements within it; Dewey's intellectual development was profoundly shaped by their appropriation of his philosophy. ;Dewey drew upon Hegel's argument that humans form societies because of their differences, not in spite of them. Hegel's rejection of the self-sufficient, atomistic individual entailed that the individual is dependent upon others for the satisfaction of material needs. Moreover, like Hegel, Dewey rejected the hedonistic basis of the British political tradition by arguing that humans seek recognition from their equals as well as satisfaction of material needs. Dewey believed Hegel's emphasis upon equality and diversity provided a model of society in which there was fertile ground for the individual to conceive and articulate cultural criticism. The study ends by comparing recent Hegel scholarship to Dewey's, demonstrating that American Hegelianism has returned, in important ways, to a Deweyan reading of Hegel. (shrink)

In this paper we respond to three objections raised by Joshua Harris to our article, “Against a Postmodern Pentecostal Epistemology,” in which we express misgivings about the conjunction of Pentecostalism with James K. A. Smith’s postmodern, story-based epistemolo- gy. According to Harris, our critique: 1) problematically assumes a correspondence theory of truth, 2) invalidly concludes that “Derrida’s Axiom” conflicts with “Peter’s Axiom,” and 3) fails to consider an alternative account of the universality of Christian truth claims. We (...) argue that Harris’s objections either demonstrate a deficient interpretation of the relevant biblical pas- sages or are not directed at us at all. (shrink)

This book offers a thorough account of Thomas Reid's philosophy, focussing on his expressionist aesthetics, then traces his influence in nineteenth-century ...

RésuméLe but de cet article est de mettre en évidence les différences entre Descartes et Reid au sujet du rôle que chacun assigne aux sensations dans le processus perceptuel. Dans Perceptual Acquaintance, John Yolton ne trouve quepeu de choses dans les conceptions de Reid qui ne soient pas déjà de quelque façon présentes chez Descartes. Je soutiens au contraire que la théorie des sensations-comme-signes de Reid constitue un développement considérable par rapport à celle de Descartes ou à quoi que ce (...) soit que l'on trouve chez lui, non seulement parce qu'elle est évidemment plus claire et plus cohérente, mais aussi parce qu'elle introduit l'idée d'un élément a priori dans notre expérience perceptuelle et lui attribue un rôle indispensable. Cet élément crucial est tout à fait absent de la conception cartésienne. (shrink)

This paper is a response to an article in Philosophia Christi by W. Paul Franks and Richard B. Davis entitled “Against a Postmodern Epistemology.” In this article, the authors offer a critique of James K. A. Smith. I respond to three of their particular criticisms in the following manner: by explaining the motivations behind rejecting a modern “correspondence theory of truth”; revealing what I take to be an invalid inference on the topic of scripture and interpretation; and offering an (...) alternative account of the “universality” of the gospel. (shrink)

Widely used by instructors who emphasize the logical structure of philosophical theories and the dialectical play of argument, this popular work provides clear, reliable, and up-to-date discussions of central philosophical debates. The fourth edition incorporates major revisions--the first since 1982--and features an extensive change in content. Every chapter has been reworked to improve its organization, to make it more accessible and engaging to the student, and to reflect recent discussions.

Reform of the federal income tax system has become a perennial item on the domestic policy agenda of the United States, although there is considerable uncertainty over specifics. Indeed the recent report of the President's Advisory Panel on Federal Tax Reform recommended not one but two divergent policy directions. In Fundamental Tax Reform, top experts in tax policy discuss a wide range of issues raised by the prospect of significant tax reform, identifying the most critical questions and considering whether the (...) answers are known, unknown--or unknowable. The debates over tax reform usually concern the advantages and disadvantages of income-based taxation as opposed to any of the several alternative forms of consumption-based taxation. The book opens with chapters that discuss the strengths, weaknesses, and political feasibility of these options. Other chapters consider the effect of tax reform on businesses, especially their investment behavior, and include a discussion of possible problems in any transition to a consumption-based tax; international taxation issues arising in an era of globalization; and individual behavioral response to tax reform, including a view of the topic from the perspective of the relatively new field of behavioral economics. ContributorsRosanne Altshuler, Alan J. Auerbach, John W. Diamond, Harry Grubert, Arnold C. Harberger, Kevin A. Hassett, Thomas J. Kniesner, Laurence J. Kotlikoff, Edward J. McCaffery, Kathryn Newmark, David Rapson, Daniel Shaviro, Joel Slemrod, James P. Ziliak, George R. ZodrowDiscussants James Alm, Henry J. Aaron, Charles L. Ballard, Leonard E. Burman, Robert S. Chirinko, Robert D. Dietz, Malcolm Gillis, Roger H. Gordon, Jane G. Gravelle, Timothy S. Gunning, James M. Poterba, Thomas S. Neubig, Alan Viard, George Yin John W. Diamond is Edward and Hermena Kelly Fellow in Tax Policy and Adjunct Professor of Economics at the Baker Institute for Public Policy, Rice University. George R. Zodrow is Professor of Economics and Rice Scholar at the Baker Institute and International Research Fellow at the Centre for Business Taxation, Oxford University. (shrink)

This book provides a collection of some 400 passages on music from early Christian literature - New Testament to c. 450 AD - newly translated from the original Greek, Latin, and Syriac. As there are no musical sources of the period, music historians must rely upon remarks about music in literary sources to gain some knowledge of early Christian liturgical music. This volume makes a large and representative collection of the material conveniently available. The passages are arranged chronologically and regionally (...) in eleven chapters with brief commentary. An introduction sets out the major subjects and themes of the original source material. (shrink)

For more than forty years, The Universe Next Door has set the standard for an introduction to worldviews. This sixth edition uses James Sire's widely influential model of eight basic worldview questions to examine prominent worldviews that have shaped the Western world, critiquing each worldview within its own frame of reference and in comparison to others.

This study examined within-person co-occurrence of self-focus, negative affect, and stress in a community sample of adolescents with or without emotional disorders. As part of a larger study, 278 adolescents were interviewed about emotional disorders. Later, they completed diary measures over three days, six times a day, reporting their current thoughts, affect, and levels of stress. Negative affect was independently related to both concurrent stress and self-focus. Importantly, the association between negative affect and self-focus was stronger among participants with a (...) recent unipolar mood disorder, compared to those with an anxiety disorder, comorbid anxiety and depression, or those without an emotional disorder. The implications of these findings to theories of self-focus and its role in emotional disorders are discussed. (shrink)

Designed for use by philosophy students, this 2006 book provides an accessible, yet technically sound treatment of modal logic and its philosophical applications. Every effort has been made to simplify the presentation by using diagrams in place of more complex mathematical apparatus. These and other innovations provide philosophers with easy access to a rich variety of topics in modal logic, including a full coverage of quantified modal logic, non-rigid designators, definite descriptions, and the de-re de-dictio distinction. Discussion of philosophical issues (...) concerning the development of modal logic is woven into the text. The book uses natural deduction systems and also includes a diagram technique that extends the method of truth trees to modal logic. This feature provides a foundation for a novel method for showing completeness, one that is easy to extend to systems that include quantifiers. (shrink)

What do the rules of logic say about the meanings of the symbols they govern? In this book, James W. Garson examines the inferential behaviour of logical connectives, whose behaviour is defined by strict rules, and proves definitive results concerning exactly what those rules express about connective truth conditions. He explores the ways in which, depending on circumstances, a system of rules may provide no interpretation of a connective at all, or the interpretation we ordinarily expect for it, or (...) an unfamiliar or novel interpretation. He also shows how the novel interpretations thus generated may be used to help analyse philosophical problems such as vagueness and the open future. His book will be valuable for graduates and specialists in logic, philosophy of logic, and philosophy of language. (shrink)

This fully revised and extended edition of James Nickel's classic study explains and defends the conception of human rights found in the Universal Declaration of Human Rights and subsequent human rights treaties. Combining philosophical, legal, and political approaches, Nickel addresses questions about what human rights are, what their content should be, and whether and how they can be justified.