On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating (...) attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservative thought and doctrine from 1960 onwards, who died in 1993. (shrink)

The controversy over law and morality between positivists and normativists is largely a result of failure on both sides to understand the idea of authority. The author argues that Plato, Aristotle, Aquinas and Hobbes held a common notion of legal authority that was distinctively moral. They all saw the virtue of law (and the source of legal obligation) in the equal protection it provides for all against the disorder to which passion makes men vulnerable, and not in the justice of (...) its provisions. Michael Oakeshott, among contemporary theorists, best illustrates this approach to a resolution of the differences between positivists and normativists. (shrink)

One of the most widely accepted explanations for the peculiarity of the modern European is his addiction to the ideal of romantic love. Its invention is supposed to have so radically transformed ethics, imagination and daily life, that we can hardly imagine the mental world of the ancients or the Orient where such an ideal of love is unknown. In the classic source for this view, The Allegory of Love , C. S. Lewis traces the modern ideal back to medieval (...) tales of courtly love. But he sees the devotion to romantic love as a distinguishing mark of the modern individualistic consciousness, which began, he says, with a new interest in ‘the inner workings of the human heart’. (shrink)

The question that I propose to consider is the ghost in modern philosophy. Its step has been heard more distinctly at some times than at others. But it has never rattled its chains so loudly as during the recent popularity of Existentialism. The question is: How is man related to the universe? All philosophers who pride themselves on being modern reject the ancient answer to the question. The most emancipated modern philosophers refuse to hear the question. Nevertheless some answer to (...) this question is presupposed by all philosophy. (shrink)

The question that I propose to consider is the ghost in modern philosophy. Its step has been heard more distinctly at some times than at others. But it has never rattled its chains so loudly as during the recent popularity of Existentialism. The question is: How is man related to the universe? All philosophers who pride themselves on being modern reject the ancient answer to the question. The most emancipated modern philosophers refuse to hear the question. Nevertheless some answer to (...) this question is presupposed by all philosophy. (shrink)

Through a glass darkly / Joshua Mitchell -- Skepticism, self, and toleration in Montaigne's political thought / Alan Levine -- French free-thinkers in the first decades of the Edict of Nantes / Maryanne Cline Horowitz -- Descartes and the question of toleration / Michael Gillepsie -- Toleration and the skepticism of religion in Spinoza's Tractatus Theologico-Politicus / Steven B. Smith -- Monopolizing faith / Alan Houston -- Skepticism and toleration in Hobbes' political thought / Shirley Letwin -- John (...) Locke and the foundations of toleration / Nathan Tarcov -- Pierre Bayle's atheist politics / Kenneth R. Weinstein -- Of believers and barbarians / Diana Schaub -- Tolerant skepticism of Voltaire and Diderot / Patrick Riley. (shrink)

Since 1986 Darwin College, Cambridge has organised a series of annual public lectures built around a single theme approached in a multi-disciplinary way. These essays were developed from the 2008 lectures, which explored the idea of serendipity – the relationship between good fortune and the preparation of the mind to spot and exploit it. Serendipity is an appealing concept, and one which has been surprisingly influential in a great number of areas of human discovery. The essays collected in this volume (...) provide insightful and entertaining accounts of the relationship between serendipity and knowledge, in the human and natural sciences. Written by some of the most eminent thinkers of this generation, Serendipity explores a variety of subjects, including disease, politics, scientific invention and the art of writing. This collection will fascinate and inspire a wide range of readers, highlighting the multifaceted nature of the popular, but elusive, concept of serendipity. -/- Contents: Introduction. Fortune and the prepared mind Iain Morley and Mark de Rond; 1. The stratigraphy of serendipity Susan E. Alcock; 2. Understanding humans - serendipity and anthropology Richard Leakey; 3. HIV and the naked ape Robin Weiss; 4. Cosmological serendipity Simon Singh; 5. Serendipity in astronomy Andrew C. Fabian; 6. Serendipity in physics Richard Friend; 7. Liberalism and uncertainty Oliver Letwin; 8. The unanticipated pleasures of the writing life Simon Winchester. (shrink)

Quotation has been much studied in philosophy. Given that quotation allows one to diagonalize out of any grammar, there have been comparatively few attempts within the linguistic literature to develop an account within a formal linguistic theory. Nonetheless, given the ubiquity of quotation in natural language, linguists need to explicate the formal mechanisms it employs. The central claim of this paper is that once one assumes a dialogical perspective on language such as provided by the KoS (KoS is not an (...) acronym, despite emphasizing a Konversationally Oriented Semantics) framework, formalized in a rich type theory like Type Theory with Records, much of the mystery evaporates. In particular, one can utilize as denotations for quotative constructions entities that are independently motivated for dialogue processing—utterance types and locutionary propositions, Austinian propositions about speech events. (shrink)

Epistemic contextualists think that the truth-conditions of ‘knowledge’ ascriptions depend in part on the context in which they are uttered. But what features of context play a role in determining truth-conditions? The idea that the making salient of error possibilities is a central part of the story has often been attributed to contextualists, and a number of contextualists seem to endorse it (see Cohen (Philos Perspect, 13:57–89, 1999) and Hawthorne, (Knowledge and lotteries, Oxford University Press, Oxford, 2004)). In this paper (...) I argue that the focus on salience relations is a mistake. On the view I defend, the relevant features of context are facts about what error-possibilities and alternatives those in the context have a reason to consider, not facts about what error-possibilities and alternatives those in the context actually consider. As I will argue, this view has certain advantages over the standard view. (shrink)

This work defends an interrelated set of theses in value-theory, normative ethics and meta-ethics. The three Parts correspond to these three areas. Part One (Value) defends a biocentric theory of moral standing, and then the coherence and objectivity of belief in intrinsic value, despite recent objections. Intrinsic value is located in the flourishing of living creatures; specifically, a neo-Aristotelian, species-relative account is supplied of wellbeing or flourishing, in terms of the development of the essential capacities of one's species. There follows (...) a theory of priorities, or of relative intrinsic value, in which the satisfaction of basic needs takes priority over other needs and over wants, and the interests of complex and sophisticated creatures over those of others, where they are at stake. Part Two defends a practice-consequentialist theory of the criteria of rightness and of obligation, which leaves room for supererogation, underpins our intuitions about justice, commends population growth only where it is genuinely desirable, and responds better than act-consequentialism to objections like that concerned with the separateness of persons. Part Three sifts meta-ethical theories, rejects moral relativism, and defends a cognitivist and naturalist meta-ethic. In defending analytical naturalism, it takes into account the latest literature on supervenience. By responding to recent discussions, this study supersedes my _Theory of Value and Obligation_ (1987). It is equipped with detailed end-notes and an ample bibliography, which could prove a research tool of itself. (shrink)

This book presents the case for belief in both creation and evolution at the same time as rejecting creationism. Issues of meaning supply the context of inquiry; the book defends the meaningfulness of language about God, and also relates belief in both creation and evolution to the meaning of life. Meaning, it claims, can be found in consciously adopting the role of steward of the planetary biosphere, and thus of the fruits of creation. Distinctive features include a sustained case for (...) a realist understanding of language about God; a contemporary defence of some of the arguments for belief in God and in creation; a sifting of different versions of Darwinism and their implications for religious belief; a Darwinian account of the relation of predation and other apparent evils to creation; a new presentation of the argument, from the world's value to the purposiveness of evolution; and discussions of whether or not meaning itself evolves, and of religious and secular bases for belief in stewardship. (shrink)

Thomas Hobbes has recently been cast as one of the forefathers of political realism. This article evaluates his place in the realist tradition by focusing on three key themes: the priority of legitimacy over justice, the relation between ethics and politics, and the place of imagination in politics. The thread uniting these themes is the importance Hobbes placed on achieving a moral consensus around peaceful coexistence, a point which distances him from realists who view the two as competing goals of (...) politics. The article maintains that only a qualified version of the autonomy of the political position can be attributed to Hobbes, while arguing more generally that attending to the relation between ethics and politics is central to assessing his liberal credentials from a realist perspective. Against the prevalent reading of Hobbes as a hypothetical contract theorist, the article proceeds to show that the place of consent in his theory is better understood as part of his wider goal of transforming the imagination of his audience: a goal which is animated by concerns that realists share. (shrink)

Robin Barrow; Skill Talk, Journal of Philosophy of Education, Volume 21, Issue 2, 30 May 2006, Pages 187–195, https://doi.org/10.1111/j.1467-9752.1987.tb00158.x.

The ethical obligation to provide a reasonably safe discharge option from the inpatient setting is often confounded by the context of homelessness. Living without the security of stable housing is a known determinant of poor health, often complicating the safety of discharge and causing unnecessary readmission. But clinicians do not have significant control over unjust distributions of resources or inadequate societal investment in social services. While physicians may stretch inpatient stays beyond acute care need in the interest of their patients (...) who are experiencing homelessness, they must also consider the implications of using an inpatient hospital bed for someone without the attendant level of medical need. Caring for patients in an inpatient setting when they no longer require acute care means fewer beds for acute care patients. And when a patient who is experiencing homelessness declines a medically safer option such as a skilled nursing facility, then clinicians may be faced with the sole option of discharge to the street, which raises troubling questions of nonmaleficence and social justice. Here we investigate the different forms of injustice that play out when patients are discharged to the street, and offer a map of the interwoven ethical responsibilities of clinicians, hospitals, and skilled nursing facilities. (shrink)

The effectiveness of decision rules depends on characteristics of both rules and environments. A theoretical analysis of environments specifies the relative predictive accuracies of the “take-the-best” heuristic (TTB) and other simple strategies for choices between two outcomes based on binary cues. We identify three factors: how cues are weighted; characteristics of choice sets; and error. In the absence of error and for cases involving from three to five binary cues, TTB is effective across many environments. However, hybrids of equal weights (...) (EW) and TTB models are more effective as environments become more compensatory. As error in the environment increases, the predictive ability of all models is systematically degraded. Indeed, using the datasets of Gigerenzer et al. (1999, Simple Heuristics That Make Us Smart, New York: Oxford University Press), TTB and similar models do not predict much better than a naïve model that exploits dominance. Finally, we emphasize that the results reported here are conditional on binary cues. (shrink)

This article analyzes the relationship between the ideas of cruelty and injustice in Judith Shklar’s political theory. Shklar’s The Faces of Injustice is sometimes read as an instantiation of the liberalism of fear, which regards cruelty and the fear that it inspires as the summum malum. I challenge this interpretation and instead argue that her account of injustice should be read independently of her commitment to the liberalism of fear. In doing so, I show how her exploration of the faces (...) of injustice—especially the importance she accords to passive injustice and the sense of injustice—raises important challenges for the liberal case for putting cruelty first. Although democratic attitudes and institutions constitute the best available remedy for the sense of injustice, on Shklar’s account, those who focus too much on the requirements of democratic citizenship risk treating injustice as a greater evil than cruelty, which could, in turn, facilitate cruelty and undermine liberal democracy. I conclude by suggesting that the republican-inspired theory of citizenship from The Faces of Injustice, which Shklar outlines in response to the problem of passive injustice, reflects a distinct strand of her political theory that goes beyond the more familiar defense of law-bound constitutional government associated with the liberalism of fear. (shrink)

_ Source: _Volume 31, Issue 1, pp 30 - 47 In this article, I show that Hobbes’s account of the generation of the commonwealth in both _The Elements of Law_ and _De Cive_ relies on ideas that he would come to theorise in terms of authorisation and representation in _Leviathan_. In this respect, I argue that the _Leviathan_ account is better understood as filling in gaps and resolving equivocations in Hobbes’s theory, rather than marking a decisive break in his thinking. (...) This argument is developed by substantiating two more specific theses. First, while Hobbes only explicitly distinguishes between the “alienation” and “authorisation” clauses of the covenant in _Leviathan_, the earlier versions of his theory rely on a two-clause account. Second, in the earlier versions of his theory, Hobbes equivocates between suggesting that the relation between the state and sovereign should be understood in terms of representation or identity; an equivocation that he would only resolve in _Leviathan_. (shrink)

In her 1996 and 2006 essays “Being and Becoming: Rhetorical Ontology in Early Greek Thought” and “The Task of the Bow: Heraclitus’ Rhetorical Critique of Epic Language,” Carol Poster was the first to argue for the historical and theoretical relevance of Heraclitus in the discipline of rhetoric. Despite the admonitions of Edward Schiappa (1999) and Thomas Cole (1991) against applying rhetorical theories that only emerged after the fourth century BCE to pre- or proto-rhetorical texts, Poster argues that Heraclitus merits the (...) attention of rhetorical as well as philosophical scholarship not only because Heraclitus had such a profound influence on the thought and work of thinkers who would later become the ancient .. (shrink)

Thomas Hobbes has recently been cast as one of the forefathers of political realism. This article evaluates his place in the realist tradition by focusing on three key themes: the priority of legit...

An ambitious and wide-ranging synthesis of the history of environmental thought by a leading philosopher.

My discussion suggests that one of Richard Peters’ main contributions to the philosophy of education was in expounding and stressing the need for a particular view of the subject, essentially conceptual analysis. The paper proceeds to defend this view and Peters’ specific account of education against the charges that his work relies simply on preferred definitions and that it is unwarrantably prescriptive. The practical value of this kind of philosophy is then further assessed, while in the final section attention is (...) drawn to Peters’ commitment to the idea of education being an integrally moral enterprise. (shrink)