One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an (...) opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining its analysis to the legality of the act of declaration without determining any consideration of international legal norms applicable to the act of secession that was being proposed. This article intends to fill the gap left by the ICJ’s decision: first by critiquing the inadequacy and tensions visible in the existing doctrine and second by examining how recent developments in international law may allow for a more normatively coherent approach to the problem. (shrink)

Leo Strauss is known to many people as a thinker of the right, who inspired hawkish views on national security and perhaps even advocated war without limits. Moving beyond gossip and innuendo about Strauss's followers and the Bush administration, this book provides the first comprehensive analysis of Strauss's writings on political violence, considering also what he taught in the classroom on this subject. In stark contrast to popular perception, Strauss emerges as a man of peace, favorably disposed to international law (...) and skeptical of imperialism - a critic of radical ideologies (right and left) who warns of the dangers to free thought and civil society when philosophers and intellectuals ally themselves with movements that advocate violence. Robert Howse provides new readings of Strauss's confrontation with fascist/Nazi jurist Carl Schmitt, his debate with Alexandre Kojève about philosophy and tyranny, and his works on Machiavelli and Thucydides and examines Strauss's lectures on Kant's Perpetual Peace and Grotius's Rights of War and Peace. (shrink)

_Examines the German and Jewish sources of Strauss's thought and the extent to which his philosophy can shed light on the crisis of liberal democracy._.

_Examines the German and Jewish sources of Strauss's thought and the extent to which his philosophy can shed light on the crisis of liberal democracy._.

Alexandre Koj_ve offers a systematic discussion of key themes such as right, justice, law, equality, and autonomy in which he presages our contemporary world of economic globalization and international law. Edited and translated by Bryan-Paul Frost, this is the authoritative English language edition of a monumental work in political philosophy.

The judgment of the Supreme Court of Canada in the Quebec Secession Reference has produced a torrent of public commentary. Given the fundamental issues about the relationship between law and politics raised by the judgment, what is remarkable is that that commentary has remained almost entirely in a pragmatic perspective, which asks how positive politics entered into the motivations and justifications of the Court, and looks at the results in terms of their political consequences, without deep or sustained reflection on (...) the ultimate grounds for the role the Court took upon itself, or on the normative sources of its reasoning. In this article, we explore the Quebec Secession Reference through the lens of constitutional theory. In particular, we highlight three unconventional aspects of the Court’s reasoning: (a) the supplementation of the written constitution through an explicit process of amendment-like interpretation to craft a new legal framework governing the secession of a province from Canada, (b) the vesting by the Court of substantial, if not exclusive responsibility for interpreting the constitutional rules on secession in particular situations or contexts with political organs, not the courts, and (c) the ascent by the court to abstract normativity, in articulating a normative vision of the Canadian constitutional order, whence it derived the legal framework governing secession. In addition to drawing attention to these unusual aspects of the judgment, we articulate the theoretical justifications that both explain and justify those features of the judgment, and identify issues for future discussion. (shrink)

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

Winner of the Los Angeles Times Book Prize With a new preface by the author In his most powerful and important book, renowned psychiatrist Robert Jay Lifton presents a brilliant analysis of the crucial role that German doctors played in the Nazi genocide. Now updated with a new preface, The Nazi Doctors remains the definitive work on the Nazi medical atrocities, a chilling exposé of the banality of evil at its epitome, and a sobering reminder of the darkest side (...) of human nature. (shrink)

This paper offers an overview of "the species problem", arguing for a view of species as homeostatic property cluster kinds, positioning the resulting form of realism about species as an alternative to the claim that species are individuals and pluralistic views of species. It draws on taxonomic practice in the neurosciences, especially of neural crest cells and retinal ganglion cells, to motivate both the rejection of the species-as-individuals thesis and species pluralism.

The thirty chapters work through various fundamental metaphysical issues, sometimes focusing more on scholastic thought, sometimes on the seventeenth century.

Are interpersonal comparisons of desire possible? Can we give an account of how facts about desires are grounded, that underpins such comparisons? This paper supposes the answer to the first question is yes, and provides an account of the nature of desire that explains how this is so. The account is a modification of the interpretationist metaphysics of representation that the author has recently been developing. The modification is to allow phenomenological affective valence into the “base facts” on which correct (...) interpretation is grounded. To use this extra resource within that theory to vindicate interpersonal comparisons, we will need to appeal rational connections between level of valence and level of desire, which this paper sets out and examines. (shrink)

In this paper some of the general issues surrounding recently published guidelines for the practice of research ethics committees are outlined, concentrating in particular on the difficulties raised by research with psychiatric patients. Research is distinguished from ordinary clinical practice by the intention to advance knowledge. So defined, research with psychiatric patients should be governed by the same four principles as research with any other group--knowledge, necessity, benefit and consent. In applying these principles, however, particularly the principle of consent, many (...) acute difficulties are raised by psychiatric patients. A number of proposals for addressing these difficulties are discussed. It is suggested that, notwithstanding the value of published guidelines, and the help that may be available from research ethics committees, the primary responsibility for maintaining high standards of practice in research rests with research workers themselves. (shrink)

The paper offers an analysis of Protagoras’ fr. DK 80 B 1 and rejects the traditional reading of Protagoras as relativist. By considering the ipsissima verba that Protagoras makes use of in his passage, it is argued that alternative interpretations are possible, of which epistemological reism and psychological individualism are proposed. On a more general level, it is discussed to what extent Protagoras’ fragment contains descriptive rather than normative claim.

Drawing on a passage from Ramsey's Truth and Probability, we formulate a simple, plausible constraint on evaluating the accuracy of credences: the Calibration Test. We show that any additive, continuous accuracy measure that passes the Calibration Test will be strictly proper. Strictly proper accuracy measures are known to support the touchstone results of accuracy-first epistemology, for example vindications of probabilism and conditionalization. We show that our use of Calibration is an improvement on previous such appeals by showing how it answers (...) or sidesteps problems that have been raised for previous work in this area. (shrink)

The general concept of a trope – that of a non-shareable character-grounder – admits of a distinction between modifier tropes and module tropes. Roughly, a module trope is self-exemplifying whereas a modifier trope is not. This distinction has wide-ranging implications. Modifier tropes are uniquely eligible to be powers and fundamental determinables, whereas module tropes are uniquely eligible to play a direct role in perception and causation. Moreover, each type of trope theory faces unique challenges concerning character- grounding. Modifier trope theory (...) faces challenges concerning the inscrutability of predication and the incompatibility with bundle theory, whereas module trope theory faces challenges concerning character overdetermination and a collapse into austere nominalism. These differences indicate that the modifier/module distinction divides the advantages of general trope theory and thus presents the trope theorist with a pivotal choice. (shrink)

My aim is to propose affectivity as a criterion for personal identity. My proposal is to be taken in its weak version: affectivity as _only one_ of the criteria for personal identity. I start by arguing for affectivity being a better candidate as a criterion for personal identity than thinking. Next, I focus on synchronic vs. diachronic and on ontic vs. epistemic distinctions (my proposal will concern diachronic ontic personal identity) and consider the realm of affectivity in its temporal dimension. (...) In my argument, I rely on the genuineness of affectivity and I exploit chiefly long- or everlasting feelings (or emotions) and those which involve the feeling subject more rather than less. I conclude by stating that genuine long-lasting feelings (or emotions) are constitutive of diachronic ontic personal identity. (shrink)

In this paper I explore Michael Loux’s important distinction between “tropes” and “tropers”. First, I argue that the distinction throws into relief an ambiguity and discrepancy in the literature, revealing two fundamentally different versions of trope theory. Second, I argue that the distinction brings into focus unique challenges facing each of the resulting trope theories, thus calling into question an alleged advantage of trope theory—that by uniquely occupying the middle ground between its rivals, trope theory is able to recover and (...) preserve the insights of these views. Ultimately, the distinction suggests that trope theory is a divided house. (shrink)

A common compatibilist view says that we are free and morally responsible in virtue of the ability to respond aptly to reasons. Many hold a version of this view despite disagreement about whether free will requires the ability to do otherwise. The canonical version of this view is reductive. It reduces the pertinent ability to a set of modal properties that are more obviously compatible with determinism, like dispositions. I argue that this and any reductive view of abilities faces a (...) significant challenge: it cannot adequately explain the freedom-grounding element of this ability. The problem has the form of a dilemma. This leaves reasons-responsive compatibilists with two options: abandon theories of free will grounded in abilities or abandon reductive theories of abilities. (shrink)

Initiated by Robert Wesson, _Evolution and Human Values_ is a collection of newly written essays designed to bring interdisciplinary insight to that area of thought where human evolution intersects with human values. The disciplines brought to bear on the subject are diverse - philosophy, psychiatry, behavioral science, biology, anthropology, psychology, biochemistry, and sociology. Yet, as organized by co-editor Patricia A. Williams, the volume falls coherently into three related sections. Entitled Evolutionary Ethics, the first section brings contemporary research to an (...) area first explored by Herbert Spencer. Evolutionary ethics looks to the theory of evolution by natural selection to find values for human living. The second section, Evolved Ethics, discusses the evolution of language and religion and their impact on moral thought and feeling. Evolved ethics was partly Charles Darwin's subject in _The Descent of Man._ The last section bears the title Scientific Ethics. A nascent field, scientific ethics asks about the evolution of human nature and the implications of that nature for ethical theory and social policy. Together, the essays collected here provide important contemporary insights into what it is - and what it may be - to be human. (shrink)

"Among the foremost Catholic philosophers of his generation. He has utilized the fullness of the Catholic intellectual tradition to brilliantly take the measure of modern philosophical thought... This volume is an expression of Robert Wood's singular philosophical outlook." -Jude Dougherty, dean emeritus, school of philosophy, The Catholic University of America.

You might think a simple “No” would suffice as an answer. But there are features of Kant’s ethics that appear to be strikingly similar to virtue oriented views, so striking that some Kantians themselves have argued that Kant’s ethics in fact shares these features with virtue ethics. In what follows, I will argue against this view, though along the way I will acknowledge the features of Kant’s view that make it appear more like a kind of virtue ethics than it (...) really is. My plan is to first set out the distinctive features of what is nowadays called “virtue ethics”, those features that make it a genuine alternative to other normative theories. I then consider the features Kant’s view might share in common with virtue ethics and the case for saying that it is, therefore, fundamentally the same sort of theory. I follow these two sections with an argument against this position. I want to warn you at the outset, however, that my argument itself will be quite unsurprising, since it is an argument that has been central to the way in which most philosophers have understood Kant’s ethics. Any novelty I can claim here is in my account of what makes virtue ethics a genuine alternative to other normative theories, and my defense of this argument against those, in particular Barbara Herman, who have apparently found the argument unpersuasive. (shrink)

This essay assesses the rationale for regulating research administrators as carefully as they regulate researchers. The reasons for such regulation are identical: protecting scientific integrity, ensuring responsible use of public funds, addressing the lack of effective recourse for victims, creating negative consequences for misbehaving actors, and addressing high incentives for misconduct. Whereas the reasons compelling us to regulate research administrators are obvious, counterarguments to administrative oversight are based on suggestions that the incidence and prevalence of cases of administrative misconduct are (...) too low to warrant formal regulation. I briefly describe examples of the phenomenon drawn from publicly available records. My analysis suggests that the misconduct of research administrators is both serious and worthy of better oversight. Improved oversight of research administration will help steward tax dollars appropriately and enhance the overall integrity of the scientific record and of the free pursuit of knowledge more generally. (shrink)

Throughout human history, thoughts, values and behaviors have been colored by language and the prevailing view of the universe. With the advent of Quantum Mechanics, relativity, non-Euclidean geometries, non-Aristotelian logic and General Semantics, the scientific view of the world has changed dramatically from just a few decades ago. Nonetheless, human thinking is still deeply rooted in the cosmology of the middle ages. Quantum Psychology is the book to change your way of perceiving yourself--and the universe for the 21st Century. Some (...) say it's materialistic, others call it scientific and still others insist it's mystical. It is all of these--and none. (shrink)

Kenneth Burke, arguably the most important American literary theorist of the twentieth century, helped define the theoretical terrain for contemporary literary and cultural studies. His perspectives were literary and linguistic, but his influences ranged across history, philosophy, and the social sciences. In this important and original study Robert Wess traces the trajectory of Burke's long career and situates his work in relation to postmodernity. His study is both an examination of contemporary theories of rhetoric, ideology, and the subject, and (...) an explanation of why Burke failed to complete his Motives trilogy. Burke's own critique of the 'isolated unique individual' led him to question the possibility of unique individuation, a strategy which anticipated important elements of postmodern concepts of subjectivity. Robert Wess's study is both a timely and judicious exposition of Burke's massive oeuvre, and a crucial intervention in current debates on rhetoric and human agency. (shrink)

This chapter considers how one should frame and deal with the policy decisions that are raised by the prospect of a new generation of technologies with enhanced capabilities for changing and extending the normal human lifespan. The focus on policy decisions is intended to emphasize a contrast with a related set of questions about the desirability of what we stand to gain as individuals by an enhanced capability to intervene in the aging process. The chapter discusses the following questions: Should (...) public funds be committed to support the development or use of this capability to intervene in the aging process in humans? Should legal restraints be imposed on private attempts to develop or use such a capability? The chapter considers the fairness of allowing some individuals to purchase for themselves technologies that could substantially extend their lifespan if it is decided not to make public funds available for this purpose. (shrink)

Contribución de eruditos autores sobre aspectos trascendentales de la teoría pura del derecho. Esta obra debe verse como una expresión de esa renovada ocupación con los problemas de la doctrina de Kelsen.