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)

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)

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)

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)

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)

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 penetrating book sheds light on the psychology of fundamentalism, with a particular focus on those who become extremists and fanatics. What accounts for the violence that emerges among some fundamentalist groups? The contributors to this book identify several factors: a radical dualism, in which all aspects of life are bluntly categorized as either good or evil; a destructive inclination to interpret authoritative texts, laws, and teachings in the most literal of terms; an extreme and totalized conversion experience; paranoid thinking; (...) and an apocalyptic world view. After examining each of these concepts in detail, and showing the ways in which they lead to violence among widely disparate groups, these engrossing essays explore such areas as fundamentalism in the American experience and among jihadists, and they illuminate aspects of the same psychology that contributed to such historical crises as the French Revolution, the Nazi movement, and post-Partition Hindu religious practice. (shrink)

A comparison of the literatures on how infants represent generic object classes, gender and race information in faces, and emotional expressions reveals both common and distinctive developments in the three domains. In addition, the review indicates that some very basic questions remain to be answered regarding how infants represent facial displays of emotion, including (a) whether infants form category representations for discrete classes of emotion, (b) when and how such representations come to incorporate affective meaning, (c) the developmental trajectory for (...) representation of emotional expression at different levels of inclusiveness (i.e., from broad to narrow or narrow to broad?), and (d) whether there is superior discrimination ability operating within more frequently experienced emotion categories. (shrink)

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)

happens, how it happens, and why it happens. Our assumption ought to be that this is as true in education as it is in atomic physics. But this leaves many other questions to answer. The crucial ones: What kind of science is proper or appropriate to education? How does it differ from physics? What is wrong with the prevai1~ ing, virtually unopposed research tradition in education? What could or should be done to replace it with a more adequate tradi tion? (...) What concepts are necessary to describe and explain what we find there? It is in this realm that we find ourselves. Where to start? One place - our place, needless to say - is with one limited but central concept in education, teaching. A long philosophical tradition concerned with the nature of teaching goes back (along with everything else) to Plato, divulging most recent ly in the work of such philosophers as B. O. Smith, Scheffler, Hirst, Komisar, Green, McClellan, Soltis, Kerr, Fenstermacher, et al. An empirical tradition runs parallelto the philosophers -it has its most notable modern proponents in Gage, the Soars, Berliner, Rosen shine, but its roots can be traced to the Sophists. These two tradi tions have been at loggerheads over the centuries. (shrink)

Glover proposes a planning–control model for the parietal lobe that contrasts with previous formulations that suggest independent mechanisms for perception and action. The planning–control model potentially solves practical functional problems with a proposed independence of perception and action, and offers some new directions for a study of human performance.

The judgement of human ability is ubiquitous, from school admissions to job performance reviews. The exact make-up of ability traits, however, is often narrowly defined and lacks a comprehensive basis. We attempt to simplify the spectrum of human ability, similar to how five personality traits are widely believed to describe most personalities. Finding such a basis for human ability would be invaluable since neuropsychiatric disease diagnoses and symptom severity are commonly related to such differences in performance. Here, we identified four (...) underlying ability traits within the National Institutes of Health Toolbox normative data (n= 1, 369): (1) Motor-endurance, (2) Emotional processing, (3) Executive and cognitive function, and (4) Social interaction. We used the Human Connectome Project young adult dataset (n= 778) to show that Motor-endurance and Executive and cognitive function were reliably associated with specific brain functional networks (r2= 0.305 ± 0.021), and the biological nature of these ability traits was also shown by calculating their heritability (31 and 49%, respectively) from twin data. (shrink)

DNA helicases catalyze the disruption of the hydrogen bonds that hold the two strands of double‐stranded DNA together. This energy‐requiring unwinding reaction results in the formation of the single‐stranded DNA required as a template or reaction intermediate in DNA replication, repair and recombination. A combination of biochemical and genetic studies have been used to probe and define the roles of the multiple DNA helicases found in E. coli. This work and similar efforts in eukaryotic cells, although far from complete, have (...) established that DNA helicases are essential components of the machinery that interacts with the DNA molecule. (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.

At present, Third World countries owe over one trillion dollars to the developed Western nations; much of the debt is held by the leading international commercial banks. The debt of six Latin American countries alone — Argentina, Brazil, Chile, Mexico, Peru, and Venezuela — is over $330 billion, of which $240 billion is owed to commercial banks. Let us immediately narrow our focus to loans made by the major international commercial banks to Third World governments. We shall not be concerned (...) with government-to-government loans, or private-party-to-private-party loans, or with debt owed to the World Bank or the International Monetary Fund. The bank-to-government loans — the so-called “sovereign loans” — are the most economically troublesome and morally interesting. The largest lenders, at least with respect to the Latin American countries, are the American banks Citibank, Chase Manhattan, Bank of America, Manufacturers Hanover, and Chemical Bank. About fifteen Third World countries have serious debt problems, including the largest: Brazil, Mexico, and Argentina. (shrink)

The concept of hegemonic masculinity has influenced gender studies across many academic fields but has also attracted serious criticism. The authors trace the origin of the concept in a convergence of ideas in the early 1980s and map the ways it was applied when research on men and masculinities expanded. Evaluating the principal criticisms, the authors defend the underlying concept of masculinity, which in most research use is neither reified nor essentialist. However, the criticism of trait models of gender and (...) rigid typologies is sound. The treatment of the subject in research on hegemonic masculinity can be improved with the aid of recent psychological models, although limits to discursive flexibility must be recognized. The concept of hegemonic masculinity does not equate to a model of social reproduction; we need to recognize social struggles in which subordinated masculinities influence dominant forms. Finally, the authors review what has been confirmed from early formulations and what needs to be discarded. The authors suggest reformulation of the concept in four areas: a more complex model of gender hierarchy, emphasizing the agency of women; explicit recognition of the geography of masculinities, emphasizing the interplay among local, regional, and global levels; a more specific treatment of embodiment in contexts of privilege and power; and a stronger emphasis on the dynamics of hegemonic masculinity, recognizing internal contradictions and the possibilities of movement toward gender democracy. (shrink)

It is nearly 10 years since Patrick Haggard and colleagues first reported the ‘intentional binding’ effect . The intentional binding effect refers to the subjective compression of the temporal interval between a voluntary action and its external sensory consequence. Since the first report, considerable interest has been generated and a fascinating array of studies has accumulated. Much of the interest in intentional binding comes from the promise to shed light on human agency. In this review we survey studies on intentional (...) binding, focusing, in particular, on the link between intentional binding and the sense of agency . We suggest that, whilst it is yet to be fully explicated, the link between intentional binding and the sense of agency is compelling. We conclude by considering outstanding questions and future directions for research on intentional binding. (shrink)

We investigate the processes underlying the feeling of control over one’s actions . Sense of agency may depend on internal motoric signals, and general inferences about external events. We used priming to modulate the sense of agency for voluntary and involuntary movements, by modifying the content of conscious thought prior to moving. Trials began with the presentation of one of two supraliminal primes, which corresponded to the effect of a voluntary action participants subsequently made. The perceived interval between movement and (...) effect was used as an implicit measure of sense of agency. Primes modulated perceived intervals for both voluntary and involuntary movements, but the modulation was greatest for involuntary movements. A second experiment showed that this modulation depended on prime–movement contiguity. We propose that sense of agency is based on a combination of internal motoric signals and external sensory evidence about the source of actions and effects. (shrink)