The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

A key concern of global ethics is the equitable distribution of benefits and burdens amongst persons belonging to different populations. Until recently, the philosophical literature on global distribution was dominated by the question of how benefits and burdens should be divided amongst contemporaries. Recent years, however, have seen an increase in research on the scope and content of our duties to future generations. This has led to a number of innovative attempts to extend principles of distribution across time while retaining (...) a focus on the entitlements of the existing poor. In this article, I examine a key aspect of intergenerational justice, namely, the appropriate 'pattern' of well-being that should be obtained across generations. With the aid of research into the impacts of global climate change, I evaluate a number of rival accounts of the pattern of justice and go on to explore the merits of a 'global sufficientarian' ethic, which holds that as many persons as possible should enjoy a satisfactory level of well-being regardless of when or where they live. (shrink)

Global climate change raises profound questions for social and political theorists. The human impacts of climate change are sufficiently broad, and generally adverse, to threaten the rights and freedoms of existing and future members of all countries. These impacts will also exacerbate inequalities between rich and poor countries despite the limited role of the latter in their origins. Responding to these impacts will require the implementation of environmental and social policies that are both environmentally effective and consistent with the equality (...) and liberty of populations to which they are applied. This article considers whether global emissions trading, namely, the creation of a global market for tradable allowances conferring the right to emit a certain amount of greenhouse gas over a specified time period, is normatively defensible from a liberal egalitarian perspective. After a brief review of the theory and practice of emissions trading, a number of normative objections to the international trade in emissions allowances are analysed. These objections appeal to one, or a combination, of two claims. First, emissions trading schemes are likely to produce undesirable outcomes, such as environmental neglect, in the further future. I call these ‘instrumental objections’. Second, emissions trading schemes violate non‐consequential norms of justice and fairness. I call these ‘intrinsic objections’. It is argued that, when combined, instrumental and intrinsic objections indicate that instituting a global network of emissions trading schemes, as envisioned by a number of parties to the Kyoto Protocol and Copenhagen Accord, would be illegitimate in absence of significant procedural and consequential safeguards. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Martin Luther King, Jr., and the Legacy of Boston PersonalismJ. Edward Hackett1. IntroductionWhen the question of the Rev. Dr. Martin Luther King, Jr.’s philosophical legacy arises in the academy, so far, the question remains open-ended (though, as I will shortly argue, the question has already been answered by King himself). Beyond his presence in public American consciousness, King left behind speeches, sermons, correspondence, and writings that inspire both (...) philosophical and theological reflection. However, King is also interpreted on the merits of the biases and philosophical traditions that we scholars navigate. Such biases and philosophical traditions mediate our experience of encountering King, and this mediation can impact our understanding of what exactly King’s philosophical legacy is.1Accordingly, we should seek to reconstruct King’s thoughts in the philosophical vocabulary King employed rather than displacing King from his own agency and the contexts that shaped him.2 In doing so, we prevent mistakes and misunderstandings that plague the public knowledge of King’s legacy. And yet, serious misunderstanding occurs every January with light fluff pieces in major newspapers and websites from authors who do not read King’s corpus. What’s more, some scholars are guilty of this lack of reading King widely. Consider Martha Nussbaum and her glaring error and omission in her recent contribution to a recent book that purports to look at King as a philosopher: “Although a religious man, [King] did not advance in his political writings a comprehensive and religious doctrine, as Gandhi did” (Nussbaum 123). In an otherwise interesting article about political emotions, Nussbaum completely neglects any historical consideration or development where King describes himself as a personalist.3 Like others, Nussbaum disregards King’s own self-description. This disregard is tantamount to a silent [End Page 45] and implicit racism that results in scholarly efforts that deprive King of his own intellectual agency when interpreting his work. This tendency prevails in both philosophy and theology departments, and this neglect has also been the larger challenge of African American philosophy gaining more acceptance as a field of philosophical inquiry (McClendon and Ferguson 38). My efforts in this article are to put an end to continual misreadings of King. First and foremost, King is a personalist.While this essay defends the personalist interpretation of King, let me lay out briefly those pieces of evidence. The interpretation of King as a personalist rests on four evidential sources: (1) King’s own words, (2) family background, (3) influence of personalist ideas on his writings, and (4) the tradition of King’s reception by other Boston personalists. First, King describes himself in his own words as a personalist. This is perhaps the biggest piece of evidence for why we should read King as a personalist. Second, King was influenced by personalism before studying Brightman’s philosophy with Gregory Davis at Crozers Theological Seminary.4 Before Morehouse College and Crozers Theological Seminary, according to Rufus Burrow, homespun personalism emerges out of King’s upbringing within the Black Church. For this reason, scholars should not doubt that King synthesizes personalist influences with how he was raised (Burrow, God and Human Dignity 17–31). Moreover, given that King chose to go to Boston University to study with Brightman and to be where Boston personalism was known to be strong, all of these facts indicate that King was a personalist (Burrow, God and Human Dignity 24).Homespun personalism gave King a vocabulary to bring together and synthesize many intellectual forces in his life, and this synthesis is recognized by other personalists. Walter Muelder is one such personalist. Muelder was Dean of Boston University’s School of Theology from 1945–1972 when King attended. Muelder and King exchanged correspondence, and Muelder delivered many lectures, some published and others unpublished, on the personalism of King. The most famous of these lectures is one Muelder gave to Morehouse College in 1983, in which Brightman’s moral law system is read into King’s own words. Taking this historical background and also that, to this day, some teachers at Morehouse College, like Lawrence Carter, make their students learn the personalist moral law system from Muelder and Bright-man, the personalist interpretation... (shrink)

Global climate change raises profound questions for social and political theorists. The human impacts of climate change are sufficiently broad, and generally adverse, to threaten the rights and freedoms of existing and future members of all countries. These impacts will also exacerbate inequalities between rich and poor countries despite the limited role of the latter in their origins. Responding to these impacts will require the implementation of environmental and social policies that are both environmentally effective and consistent with the equality (...) and liberty of populations to which they are applied. This article considers whether global emissions trading, namely, the creation of a global market for tradable allowances conferring the right to emit a certain amount of greenhouse gas over a specified time period, is normatively defensible from a liberal egalitarian perspective. After a brief review of the theory and practice of emissions trading, a number of normative objections to the international trade in emissions allowances are analysed. These objections appeal to one, or a combination, of two claims. First, emissions trading schemes are likely to produce undesirable outcomes, such as environmental neglect, in the further future. I call these ‘instrumental objections’. Second, emissions trading schemes violate non‐consequential norms of justice and fairness. I call these ‘intrinsic objections’. It is argued that, when combined, instrumental and intrinsic objections indicate that instituting a global network of emissions trading schemes, as envisioned by a number of parties to the Kyoto Protocol and Copenhagen Accord, would be illegitimate in absence of significant procedural and consequential safeguards. (shrink)

Agents sometimes innocently benefit from the wrongdoing perpetrated by others. It has been asserted that when this happens the beneficiary acquires a defeasible duty to disgorge these benefits until the beneficiary’s gain is extinguished or the victim’s loss has been reversed. At the same time, critics have denied the existence of duties of disgorgement. In this paper, we contribute to this debate by proposing a novel account of the underlying justification, or rationale, for disgorgement duties grounded in the value of (...) corrective justice. An agent benefiting from injustice has a duty to disgorge, on this account, because fulfilling this duty helps correct injustice by making it as though the transaction that wrongfully enriched them had never happened. We go on to address five objections to this account of disgorgement duties and argue that the corrective justice account can withstand these objections. (shrink)

Policy making is not only about the cut and thrust of politics. It is also a bureaucratic activity. In this ground-breaking work, two leading authorities come together to examine the world of the policy bureaucrat for the first time. The volume draws in crucial debates over accountability and democratic ideology, hierarchy and expertise, and should establish itself as a central point of reference for scholars and practitioners alike.

It is sometimes suggested that victims of unjust harm should take priority over victims of other forms of harm. We explore four arguments for this view: that victims of unjust harm experience greater suffering; that prioritizing victims of unjust harm would help prevent unjust harm in the future; that it is good for perpetrators that their victims be prioritized; and that it is impersonally better that victims of unjust harm are prioritized. We argue that the first three arguments fail but (...) that the fourth argument succeeds. Moral agents have a reason to prioritize victims of wrongdoing because this secures the impersonal value of corrective justice. However, this reason can be activated differently for different agents depending on how they are situated relative to the wrongdoing, and it may be outweighed by other factors, such as the extent of the harm that could be alleviated. (shrink)

It is sometimes suggested that victims of unjust harm should take priority over victims of other forms of harm. We explore four arguments for this view: that victims of unjust harm experience greater suffering; that prioritizing victims of unjust harm would help prevent unjust harm in the future; that it is good for perpetrators that their victims be prioritized; and that it is impersonally better that victims of unjust harm are prioritized. We argue that the first three arguments fail but (...) that the fourth argument succeeds. Moral agents have a reason to prioritize victims of wrongdoing because this secures the impersonal value of corrective justice. However, this reason can be activated differently for different agents depending on how they are situated relative to the wrongdoing, and it may be outweighed by other factors, such as the extent of the harm that could be alleviated. (shrink)

Starting from the 2009 Istanbul Biennial, with its Brechtian curatorial theme, this essay considers the Left’s varying responses to art’s so-called ‘political turn’. Discussion ranges from the local and regional context of the Biennial’s function as part of Turkey’s bid to join the EU, through to a longer theoretical perspective on the critical debates over ‘art and life’, artistic autonomy and heteronomy, and the revival in avant-gardism. The authors propose that the standard accounts of the intimate connection between the commodity (...) and art have become politically counterproductive. They suggest that Marxist analysis needs to develop a more complexly-articulated philosophical reflection on the relation between economy, politics, and art ‐ and between political and aesthetic praxes ‐ if it is to advance its longstanding contributions to considerations of ‘aesthetics and politics’. (shrink)

In a world befuddled by the concept of ‘fake news’, where words like ‘post-truth’ are common parlance, it is essential that we consider exactly what we think we know, what we do not and how we come to acquire such knowledge. The analysis of truth should come from an unbiased perspective and be critical of the various shibboleths that we take to heart. Appearance and Inference aims to identify the nonsense in as many knowledge-related platitudes or false assumptions as possible (...) in just over a hundred pages. Intentionally short and aphoristic, Appearance and Inference will undoubtedly provoke debate, whether or not its readers have previously considered the nature of knowledge. It is also expected to excite its academically astute readers to develop some of the analyses further. It aims to encourage the reader to think through a number of difficult matters and to exercise their own judgment, instead of supplying answers in a pre-packaged form. Inspired by the aphoristic philosophical style of philosophers such as Wittgenstein and Nietzsche, this is a book on the theory of knowledge, written by a philosopher who has had the benefit of a scientific and forensic training. It is designed for both the professional philosopher and the general reader. (shrink)

Until the time of Karl Marx and John Stuart Mill, philosophers generally held economics to be an integral element of moral philosophy. These days, the language of values—moral, aesthetic, and cognitive—dominates philosophic discourse, even though contemporary philosophers rarely hold economics to be integral to moral philosophy. Examining the thought of Friedrich Nietzsche and the art of Marcel Proust, Edward Andrew provides the first sustained critical analysis of values discourse, an analysis that deconstructs its content and its form.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Volume 24, Issue 6, September 2019, Page 662-683.

Wittgenstein's Philosophical Investigations is organized in short paragraphs or "remarks." Most of these are numbered consecutively, but some are not – including his remarks on "aspect-seeing" that are the focus of Seeing Wittgenstein Anew. This appendix to that volume is an indexed catalog of the unnumbered remarks, cross-referenced to four different editions, including the latest (4th) edition. -/- Note: There is a missing remark that should be inserted on p. 363 of the concordance, after the "A sensation can" line, thus: (...) What is the 185e 158e PPF §60. (shrink)

Edward Craig; XII*—The Practical Explication of Knowledge, Proceedings of the Aristotelian Society, Volume 87, Issue 1, 1 June 1987, Pages 211–226, https://doi.

The term, “bioethics” was coined in 1970 by American cancerologist V. R. Potter. In the few decades since, the field of bioethics has emerged as an important discipline. The field has attained a remarkable degree of public recognition in a relatively short period of time. The “right to die” cases such as In re Quinlan placed bioethical issues on the front pages. Although the discipline is of recent vintage, the past quarter century has witnessed a flurry of scholarly activity, creating (...) a substantial body of bioethical literature. Moreover, the bioethics movement has manifested itself in institutional expressions. Universities and medical schools have added courses in bioethics to their curricula. In 1974, federal legislation and regulations mandated that federal grantees conducting human subjects research establish institutional review boards to safeguard subjects’ welfare, and even absent a legislative mandate numerous hospitals created ethics committees. Centers and institutes, devoted exclusively to the study of bioethical issues, have been founded. (shrink)

The term, “bioethics” was coined in 1970 by American cancerologist V. R. Potter. In the few decades since, the field of bioethics has emerged as an important discipline. The field has attained a remarkable degree of public recognition in a relatively short period of time. The “right to die” cases such as In re Quinlan placed bioethical issues on the front pages. Although the discipline is of recent vintage, the past quarter century has witnessed a flurry of scholarly activity, creating (...) a substantial body of bioethical literature. Moreover, the bioethics movement has manifested itself in institutional expressions. Universities and medical schools have added courses in bioethics to their curricula. In 1974, federal legislation and regulations mandated that federal grantees conducting human subjects research establish institutional review boards to safeguard subjects’ welfare, and even absent a legislative mandate numerous hospitals created ethics committees. Centers and institutes, devoted exclusively to the study of bioethical issues, have been founded. (shrink)

EDITORS NOTE: Typographical corrections of page proofs were accidentally left out of Dr. Beach's article, which appeared in the January issue of this volume. The omission diminishes the value of the article; and the Editor apologizes for the oversight to Dr. Beach and the readers of Metaphilosophy. A typographically correct version is given below.

EDITORS NOTE: Typographical corrections of page proofs were accidentally left out of Dr. Beach's article, which appeared in the January issue of this volume. The omission diminishes the value of the article; and the Editor apologizes for the oversight to Dr. Beach and the readers of Metaphilosophy. A typographically correct version is given below.

In lieu of an abstract, here is a brief excerpt of the content:The Christ Who Meets Us in the Sacraments:The Influence of St. Ambrose on the tertia pars of St. Thomas's Summa theologiaeDamian Day O.P.IntroductionThe recent increased interest in St. Thomas Aquinas and the Fathers of the Church has produced a number of excellent studies of the Angelic Doctor's understanding of the authority of the Fathers and his use of them.1 In this article, I hope to contribute to the ongoing (...) study of Aquinas and the Fathers by examining how Thomas employs St. Ambrose in the tertia pars of his Summa theologiae [ST]. Thomas's use of Ambrose has received little detailed [End Page 103] attention. One of Leo Elders's last contributions to the study of Aquinas and the Fathers provided an overview of Ambrose's presence in Thomas's writings.2 I hope to expand upon Elders's work of cataloging and describing Thomas's numerous citations of Ambrose—Thomas names Ambrose over eleven hundred times in his writings3—by making a particular argument about Thomas's Christological and sacramental use of Ambrose. While Elders gives an excellent summary of where Ambrose appears in Thomas's corpus, he does not connect Thomas's use of Ambrose in his treatises on Christ and the Eucharist. I argue that Thomas's citations of Ambrose in the tertia pars help him develop an understanding of the Incarnation that supports his sacramental realism, especially emphasizing contact with Christ in the Eucharist.4Much recent reflection on the Eucharist has sought to deemphasize the substantial presence of Christ and emphasize his presence in other ways. Michael C. McGuckian, for example, argues that the Western emphasis on Christ's presence in the Blessed Sacrament has damaged the understanding of participation in the heavenly liturgy and obscured other ways in which Christ is present, such as in the bishop presiding and the proclamation of the word. He claims that "those other presences surpass the presence in the elements in their personal quality, their dynamic force and their effect on our [End Page 104] spirits and are not to be undervalued."5 Looking at Thomas and Ambrose, we will see that Christ's substantial presence in the Eucharist is preeminently personal, dynamic, and efficacious for our spirits. Colman O'Neill's masterful work of sacramental realism, Meeting Christ in the Sacraments, provides an entrée into such a study. The title derives from Ambrose. In his work A Defense of the Prophet David to Theodosius Augustus, Ambrose reflects on Psalm 51. Suddenly, in the middle of confessing his sins, David foresees the cleansing sacrament of baptism. In prophetic wonder, he cries out, "face-to-face you have shown yourself to me, Christ; I have discovered you in your sacraments."6 Even prior to their institution, David prophetically glimpses what the sacraments of the Old Law prefigure. In this vision, David sees "no longer in shadow, nor in figure, nor in type," but meets Christ in his sacraments.7 For Ambrose, the sacraments are real encounters with Christ. As O'Neill puts it, "Christ, who was worshipped from afar, comes near and touches the believer; and at his touch power goes out from him."8 For [End Page 105] Thomas, too, one meets Christ in the sacraments.9 While all the sacraments apply the merits of his Passion,10 the Eucharist is the locus par excellence for meeting Christ, since the whole Christ is there contained.11 The encounter is both personal and powerful.While the language of meeting or encountering Christ in the sacraments may seem to echo modern phenomenological philosophy, Thomas grounds the encounter in a realism of the Incarnation.12 His treatment of the encounter with Christ in the sacraments flows from his treatment of the Incarnation.13 Guy-Thomas Bedouelle summed up O'Neill's approach, which reflects Thomas's, as simply stressing, again and again, "that sacramental realism implies that the Church draws its life from the dynamism of the Incarnation itself."14 I argue that Thomas, in drawing his sacramental realism from the Incarnation, employs Ambrose as a key authority. First, I examine Thomas's knowledge and use of Ambrose's works. Second, I... (shrink)

This paper has two main aims: first, to set forth an analysis of Timaeus 48E-52D and then to explore the significance of those pages for our understanding of Plato’s metaphysics. Students of the “Receptacle” in Plato’s Timaeus have given close attention to the many metaphors he offers in his explanation of its nature. Less attention has been given to the overall structure of the passage in which he presents it. In this paper, I attempt to show that Plato’s exposition there (...) exhibits a coherent and very careful design. But once that design is grasped, it can be seen that his extended account of the Receptacle must properly be understood to treat a rather different subject: the nature of an image, rather than the nature of the Receptacle, is the focal concern uniting the whole of 48E-52D. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

I present a difficulty with evaluating analytic political philosophy based on a lack of data to compare achievements there with. For example, if a paradox was (or were) given to members of an elite university college for a day, how many solutions would they come up with?

This article provides new information on the publication history of the first edition of the text that, according to many scholars, laid the ground for the growth of international law: Hugo Grotius’s De iure belli ac pacis. Drawing on the preliminary findings of the Grotius Census Project at the Max Planck Institute for Comparative Public Law and International Law, funded by the German Research Foundation (Deutsche Forschungsgemeinschaft), the following pages shed light on the first three states of the typescript, the (...) sources that Grotius had access to in France while drafting the book, and the early circulation of the 1625 edition, published by Nicolas Buon in Paris. The goal of this publication is to disseminate updated information on the printing history of this key text in the history of legal and political thought, and to invite readers to come forward with more information about the location of the remaining copies of the text, in order to advance our understanding of the rise of international law around the world. (shrink)

Volume 20, Issue 4, May 2020, Page 35-37.

Volume 20, Issue 7, July 2020, Page W15-W16.

THESE are difficult days in which to philosophize, and not only for institutional, historical, or political reasons. Nor is it a matter mainly of a disconcertingly eclectic pluralism of possible ways of doing philosophy; this has been a problem, or at least a temptation, ever since the disciples of Plato clustered into competing sects. More alarming, and more challenging, is the fact that the very idea of thinking and writing reflectively in various ways hitherto acknowledged by a broad consensus as (...) "philosophical" has come into serious question. The particular form in which such doubting has emerged is itself various. In Europe, it has taken the shape of undermining the self-assurance of the "metaphysics of presence" by attempting to show that the notion of determinate presence is constricting and groundless, or self-deceptive and self-deconstructing, or relative to historical epistemes or epochs of Being. In Anglophone countries, strikingly complementary efforts have been made to dissolve traditional philosophical concerns with knowledge and reality, mind and other persons, into a tenuous tissue of language, of word-play and word-use: all becomes "wordwork" in Joyce's prophetic term. Or else--in a move that expressly conjoins continental and analytic tendencies--all becomes "conversation" of an unending and self-reabsorbing sort. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Excerpt from The Problem of Philosophy at the Present Time: An Introductory Address Delivered to the Philosophical Society of the University of Edinburgh All, and to ask you to adopt, for the time, a point of view which may not be your own. Afterwards you can avenge yourselves for this temporary submission by subjecting my words to what criticism you think fit. A philosophic temper is shown, above all things, in the power of entering into the views of another, and (...) taking them for the moment almost as if they were your own, without prejudice to the subsequent critical reaction, which will be effective just in proportion to the degree of your previous sympathetic appreciation of the ideas criticised. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In this book, published in 1686, the scientist Robert Boyle attacked prevailing notions of the natural world which depicted 'Nature' as a wise, benevolent and purposeful being. Boyle, one of the leading mechanical philosophers of his day, believed that the world was best understood as a vast, impersonal machine, fashioned by an infinite, personal God. In this cogent treatise, he drew on his scientific findings, his knowledge of contemporary medicine and his deep reflection on theological and philosophical issues, arguing that (...) it was inappropriate both theologically and scientifically to speak of Nature as if it had a mind of its own: instead, the only true efficient causes of things were the properties and powers given to matter by God. As such, A Free Enquiry into the Vulgarly Received Notion of Nature represents one of the subtlest statements concerning the philosophical issues raised by the mechanical philosophy to emerge from the period of the scientific revolution. (shrink)

Since neither of these two inordinately long responses deals seriously with what I said in “An Ideology of Difference” , both the Boyarins and Griffin are made even more absurd by actual events occurring as they wrote. The Israeli army has by now been in direct and brutal military occupation of the West Bank and Gaza for twenty-one years; the intifadah, surely the most impressive and disciplined anticolonial insurrection in this century, is now in its eleventh month. The daily killings (...) of unarmed Palestinians by armed Israelis, soldiers and settlers, numbers several hundred; yesterday two more Palestinians were killed, the day before four were killed. The beatings, expulsions, wholesale collective punishments, the closure of schools and universities, as well as the imprisonment of dozens of thousands in places like Ansar III, a concentration camp, continue. A V sign flashed by a young Palestinian carries with six months in jail; a Palestinian flag can get you up to ten years; you risk burial alive by zealous Israel Defense Forces soldiers; if you are a member of a popular committee you are liable to arrest, and all professional, syndical, or community associations are now illegal. Any Palestinian can be put in jail without charge or trial for up to six months, renewable, for any offense, which needn’t be revealed to him or her. For non-Jews, approximately 1.5 million people on the West Bank and Gaza, there are thus no rights whatever. On the other hand, Jews are protected by Israeli law on the Occupied Territories. In such a state of apartheid—so named by most honest Israelis—the intifadah continues, as does the ideology of difference vainly attempting to repress and willfully misinterpret its significance. Edward W. Said is Parr Professor of English and Comparative Literature at Columbia University. His most recent contribution to Critical Inquiry is “Representing the Colonized: Anthropology’s Interlocutors”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 34.3 (2001) 260-274 [Access article in PDF] Second Thoughts on the Critiques of Big Rhetoric Edward Schiappa This note is divided into three parts. First, I explore some answers to the question "How did Rhetoric get so Big?" Second, I review some of the more important criticisms of a "globalized" or "universalized" view of rhetorical studies. Finally, I contend that the critiques of Big Rhetoric (...) do not withstand scrutiny and ought to be dismissed for insufficient evidence. While there certainly are important issues for scholars of rhetorical studies to consider about how to enhance the quality and importance of our work, such issues should not include the concern that rhetoric has grown too "big."By "Big Rhetoric" I refer only to the theoretical position that everything, or virtually everything, can be described as "rhetorical." I refer to the growth of rhetorical scholarship in communication studies and other disciplines as the "popularization" of rhetorical studies. 1 Theories associated with Big Rhetoric are credited with popularizing or at least rationalizing what Herbert W. Simons (1990) calls the "rhetorical turn" in a variety of disciplines. Within the journals and conventions of members of the National Communication Association (NCA), popularization is often characterized by studies of the form "the rhetoric of X," where X could literally be anything. Outside of the NCA-defined parameters of communication studies, popularization is evidenced by the apparently ever-increasing ranks of scholars who use "rhetoric" as a relevant and important term of art within their scholarship. By either measure, it can be argued fairly convincingly that "rhetoric" has become a widely used construct in scholarship. What I wish to engage is the disputed desirability of broad definitions and the related popularization of rhetoric. [End Page 260] 1. Whence big rhetoric? There are a number of narratives on the rise of Big Rhetoric already in print in communication studies (Simons 1990; Gaonkar 1990), rhetoric and composition (Berlin 1987; Young and Goggin 1993), and interdisciplinary publications (Roberts and Good 1993; Mailloux 2000; Nelson, Megill, and McCloskey 1987). Many accounts identify the 1960s as a turning point. For better or for worse, there was a confluence of changing rhetorical practices, expanding rhetorical theories, and opportunities for rhetorical criticism. The cultural clashes of the 1960s were felt perhaps most acutely on college campuses. The sufficiency of deliberative argument and public address can be said to have been called into question, whether one was an antiwar activist who hated LBJ's war in Vietnam or a pro-establishment stalwart trying to make sense of the rhetoric of protest and demonstration. Years later, scholars would characterize war itself as rhetorical. What counted as rhetorical practice was up for grabs.At about the same time, our understanding of rhetorical theory was being expanded. Here we can identify two main strands of thought. For ease of reference I will call one the symbolic interactionist rationale and the other the epistemological rationale. The symbolic interactionist rationale can be boiled down to a syllogism: All persuasive actions are rhetorical. All symbol/language-use is persuasive. Therefore: All symbol/language-use is rhetorical. Perhaps the two most significant pronouncements of this approach--for my generation of rhetoric scholars, at any rate--are by Richard Weaver and Kenneth Burke. Weaver claims that "language is sermonic" in the sense that whenever we offer a description or label a phenomenon, we are "preaching" a particular way of making sense of it (1970, 201-25). Burke, of course, has two famous (or infamous) statements in Rhetoric of Motives: first, that rhetoric is "the use of language as a symbolic means of inducing cooperation in beings that by nature respond to symbols" (1950, 43); and second, that "something of the rhetorical motive comes to lurk in every 'meaning,' however purely 'scientific' its pretensions. Wherever there is persuasion, there is rhetoric. And wherever there is 'meaning,' there is 'persuasion'" (1950, 172). Obviously, such pronouncements serve as encouragement to [End Page 261] those who would define rhetoric broadly, and arguably fueled the popularization of rhetorical studies within the ranks of NCA.The epistemological rationale is fueled... (shrink)

Classical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn from the theory of natural (...) law. With this background in place, the implications of the theory for questions about property rights and taxation are explored. It is argued that classical natural law theory entails the existence of a natural right of private property, and that this right is neither so strong as to support laissez faire libertarianism, nor so weak as to allow for socialism. Though the theory leaves much of the middle ground between these extremes open to empirical rather than moral evaluation, it is argued that there is a strong natural law presumption against social democratic policies and in favor of free enterprise. (shrink)

EDITORS NOTE: Typographical corrections of page proofs were accidentally left out of Dr. Beach's article, which appeared in the January issue of this volume. The omission diminishes the value of the article; and the Editor apologizes for the oversight to Dr. Beach and the readers of Metaphilosophy. A typographically correct version is given below.