This book analyzes the general structure of constitutional rights reasoning under the Geman Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

A series of cases, some of them with a high media profile, suggest that freedom of religion or belief in the United Kingdom is being undermined by the operation of new equality laws. This article outlines the constitutional context for liberty and equality rights as well as the main ways in which religious liberty is secured by and within equality law. However, British equality law puts pressure on religious liberty in four ways: it confines the relevance of ‘religion’ to limited (...) social contexts; it creates a priority for equality-perspectives over liberty-perspectives on social conflict; it generates new social assumptions about what individuals have to believe and say if they are to be trusted to uphold the law; it provides legitimation for the imposition of contested comprehensive equality doctrines, some of which are inimical to civil liberty. In response, it is important to emphasise the role of equality law as a tool to secure mutual toleration and equal rights in the face of religious and ethical disagreement. (shrink)

Modern theorists often use Immanuel Kant's work to defend the normative primacy of human rights and the necessity of institutionally autonomous forms of global governance. However, properly understood, his law of nations describes a loose and noncoercive confederation of republican states. In this way, Kant steers a course between earlier natural lawyers such as Grotius, who defended just-war theory, and visions of a global unitary or federal state. This substantively mundane claim should not obscure a more profound contribution to the (...) science of international law. Kant demonstrates that his concept of law forms part of a logical framework by which to ascertain the necessary institutional characteristics of the international legal order. Specifically, his view is that the international legal order can only take a noncoercive confederated form as its subjects become republican states and that in these circumstances law can exist without a global state. Put another way, Kant argues that if we get state-building right, the law of nations follows. CN - 58005245. (shrink)

This article argues that Wolterstorff’s concept of rights is ambiguous between the interest and will theories. It provides possible reconstructions and points towards a more suitable third concept theologically grounded in an account of humans as constituted relationally, juridically and eternally.

ABSTRACTAt first sight, the work of the German legal philosopher and constitutional theorist, Robert Alexy, appears to offer a welcome counter-example to the general insulation of Anglo-American ju...

Between 1934 and 1942 Heidegger delivered three series of lectures on Hölderlin’s poetry. The discussion of “Der Ister” was the last of these, although Heidegger continued to think and write about Hölderlin into the 1960s. William McNeill and Julia Davis’s recent translation of the “Ister”— volume —is the first of the Hölderlin lectures to appear in English.

Between 1934 and 1942 Heidegger delivered three series of lectures on Hölderlin's poetry. The discussion of “Der Ister” was the last of these, although Heidegger continued to think and write about Hölderlin into the 1960s (see GA 4). William McNeill and Julia Davis's recent translation of the “Ister”—volume (GA 53)—is the first of the Hölderlin lectures to appear in English.

This book, the first comprehensive study in English of Heidegger's philosophy of art, starts in the mid-1930s with Heidegger's discussion of the Greek temple and his Hegelian declaration that a great artwork gathers together an entire culture in affirmative celebration of its foundational 'truth', and that, by this criterion, art in modernity is 'dead'. His subsequent work on Hölderlin, whom he later identified as the decisive influence on his mature philosophy, led him into a passionate engagement with the art of (...) Rilke, Ce;zanne, Klee and Zen Buddhism, liberating him not only from the overly restrictive conception of art of the mid-1930s but also from the disastrous politics of the period. Drawing on material hitherto unknown in the anglophone world, Young establishes a new account of Heidegger's philosophy of art and shows that his famous essay 'The Origin of the Work of Art' is its beginning, not its end. (shrink)

In a revolutionary new book, a theoretical physicist attacks the foundations of modern scientific theory, including the notion of time, as he shares evidence of ...

Introduction -- The type/token theory introduced -- Motivating the type/token theory : repeatability -- Nominalist approaches to the ontology of music -- Musical anti-realism -- The type/token theory elaborated -- Types I : abstract, unstructured, unchanging -- Types introduced and nominalism repelled -- Types as abstracta -- Types as unstructured entities -- Types as fixed and unchanging -- Types II : platonism -- Introduction : eternal existence and timelessness -- Types and properties -- The eternal existence of properties reconsidered -- (...) Types and patterns -- Defending the type/token theory I -- Unstructuredness and analogical predication -- Musical works as fixed and unchanging -- Abstractness and audibility (again) -- Works and interpretations -- Conclusion and resumé -- Defending the type/token theory II : musical platonism -- Platonism it is : replies to Anderson and Levinson -- The existence conditions of works of music -- Composition as creative discovery -- The nature of the compositional process : replies to objections -- Composition and aesthetic appraisal : a reply to Levinson -- Composition and aesthetic appraisal : understanding, interpretation, and correctness -- Musical works as continuants : a theory rejected -- A theory introduced -- Explicating and motivating the continuant view -- The continuant view and repeatability -- Further objections to the continuant view -- Musical works as compositional actions : a critique -- Currie's action-type hypothesis -- Davies's performance theory -- Sonicism I : against instrumentalism -- Sonicism introduced -- Sonicism motivated : moderate empiricism -- Instrumentation : timbral sonicism introduced -- Scores -- Instrumentation, artistic properties, and aesthetic content -- Levinson's rejoinder -- Sonicism II : against contextualism -- Introduction : formulating contextualism -- Contextualist ontological proposals -- Levinson's doppelgänger thought-experiments -- Artistic, representational, and object-directed expressive properties -- Aesthetic and non-object-directed expressive properties -- Conclusion : the place of context. (shrink)

This groundbreaking work considers one of the central themes of archaeology, time, which until recently has been taken for granted. It considers how time is used and perceived by archaeology and also how time influences the construction of identities. The book presents case studies, eg, transition from hunter gather to farming in early Neolithic, to examine temporality and identity. Drawing upon the work of Martin Heidegger, Thomas develops a way of writing about the past in which time is seenm as (...) central to the emergence of the identities of peoples and things. He questions the modern western distinction between nature and culture, mind and body, object and subject, and argues that in some senses the temporal structure of human beings, artefacts and places are similar. (shrink)

Great Thinkers A-Z is the ideal book for anyone interested in the history of Western thought and a valuable reference resource for students of philosophy and related disciplines.

This chapter questions the causal-constitution fallacy raised against the extended mind. It does so by presenting our signature temporal thesis about how to understand constitutive relations in the context of the extended mind, and with respect to dynamical systems, more broadly. We call this thesis diachronic constitution. We will argue that temporalising the constitution relation is not as remarkable (nor problematic) as it might initially seem. It is (arguably) inevitable, given local interactions between microscale and macroscale states of (coupled) dynamical (...) systems. We focus primarily on the metaphysics of the extended mind in this paper. However, we also show how our account of diachronic constitution has important implications for the metaphysics of dependence relations more generally as well as an emerging literature on inter-level explanations in the mechanistic framework applied to the discussion over extended, enactive and embodied cognition. (shrink)

Theoretical ethics includes both metaethics (the meaning of moral terms) and normative ethics (ethical theories and principles). Practical ethics involves making decisions about every day real ethical problems, like decisions about euthanasia, what we should eat, climate change, treatment of animals, and how we should live. It utilizes ethical theories, like utilitarianism and Kantianism, and principles, but more broadly a process of reflective equilibrium and consistency to decide how to act and be.

This is a clear and lucid account of Nietzsche's philosophy of art, combining exegesis, interpretation and criticism in a judicious balance. Julian Young argues that Nietzsche's thought about art can only be understood in the context of his wider philosophy. In particular, he discusses the dramatic changes in Nietzschean aesthetics against the background of the celebrated themes of the death of God, eternal recurrence, and the idea of the Übermensch. Young then divides Nietzsche's career and his philosophy of art (...) into four distinct phases, but suggests that these phases describe a circle. An attempt at world-affirmation is made in the central phases, but Nietzsche is predominantly influenced at the beginning and end of his career by a Schopenhauerian pessimism. At the beginning and end art is important because it 'redeems' us from life. (shrink)

This is a clear and lucid account of Nietzsche's philosophy of art, combining exegesis, interpretation and criticism in a judicious balance. Julian Young argues that Nietzsche's thought about art can only be understood in the context of his wider philosophy. In particular, he discusses the dramatic changes in Nietzschean aesthetics against the background of the celebrated themes of the death of God, eternal recurrence, and the idea of the Übermensch. Young then divides Nietzsche's career and his philosophy of art (...) into four distinct phases, but suggests that these phases describe a circle. An attempt at world-affirmation is made in the central phases, but Nietzsche is predominantly influenced at the beginning and end of his career by a Schopenhauerian pessimism. At the beginning and end art is important because it 'redeems' us from life. (shrink)

The publication of the first study to use gene editing techniques in human embryos (Liang et al., 2015) has drawn outrage from many in the scientific community. The prestigious scientific journals Nature and Science have published commentaries which call for this research to be strongly discouraged or halted all together (Lanphier et al., 2015; Baltimore et al., 2015). We believe this should be questioned. There is a moral imperative to continue this research.

There are 4 main arguments for euthanasia: (1) arguments appealing to consistency (e.g., from passive to active euthanasia); (2) the argument from respect for autonomy; (3) appeals to justice; and (4) the argument from interests (mercy or relief of suffering). I will argue that only the last is directly relevant to active euthanasia as a medical intervention, though arguments together from autonomy and justice can in practice (through the backdoor) provide a ground for voluntary active medical euthanasia (AME).

Animals obviously cannot have a right of free speech or a right to vote because they lack the relevant capacities. But their right to life and to be free of exploitation is no less fundamental than the corresponding right of humans, writes Julian H. Franklin. This theoretically rigorous book will reassure the committed, help the uncertain to decide, and arm the polemicist. Franklin examines all the major arguments for animal rights proposed to date and extends the philosophy in new (...) directions. _Animal Rights and Moral Philosophy_ begins by considering the utilitarian argument of equal respect for animals advocated by Peter Singer and, even more favorably, the rights approach that has been advanced by Tom Regan. Despite their merits, both are found wanting as theoretical foundations for animal rights. Franklin also examines the ecofeminist argument for an ethics of care and several rationalist arguments before concluding that Kant's categorical imperative can be expanded to form a basis for an ethical system that includes all sentient beings. Franklin also discusses compassion as applied to animals, encompassing Albert Schweitzer's ethics of reverence for life. He concludes his analysis by considering conflicts of rights between animals and humans. (shrink)

Animals obviously cannot have a right of free speech or a right to vote because they lack the relevant capacities. But their right to life and to be free of exploitation is no less fundamental than the corresponding right of humans, writes Julian H. Franklin. This theoretically rigorous book will reassure the committed, help the uncertain to decide, and arm the polemicist. Franklin examines all the major arguments for animal rights proposed to date and extends the philosophy in new (...) directions. _Animal Rights and Moral Philosophy_ begins by considering the utilitarian argument of equal respect for animals advocated by Peter Singer and, even more favorably, the rights approach that has been advanced by Tom Regan. Despite their merits, both are found wanting as theoretical foundations for animal rights. Franklin also examines the ecofeminist argument for an ethics of care and several rationalist arguments before concluding that Kant's categorical imperative can be expanded to form a basis for an ethical system that includes all sentient beings. Franklin also discusses compassion as applied to animals, encompassing Albert Schweitzer's ethics of reverence for life. He concludes his analysis by considering conflicts of rights between animals and humans. (shrink)

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

We are grateful to Facchin and Negro (henceforth F&N) for their rich and generous engagement with our arguments for the hypothesis of the extended conscious mind (ECM). They offer a careful and insightful reconstruction of the key arguments from our 2019 monograph (Kirchhoff & Kiverstein, 2019a). In the end however they are not persuaded by the arguments of our book and raise a number of intriguing and puzzling challenges. We deal with each of their challenges and conclude that these challenges (...) pose no problems for our arguments for the ECM in Kirchhoff & Kiverstein (2019a). (shrink)

Introduction -- Theory of knowledge -- Moral philosophy -- Philosophy of mind -- Philosophy of religion -- Political philosoply -- Aesthetics.

The discussion of extended cognition is premised on a metaphysical distinction between causation and constitution. For example, Rowlands (2009) notes that “EM [extended mind] is a claim about the composition or constitution of (some) mental processes” (2009, p. 54). Or, as Wheeler puts it: “Bare causal dependency of mentality on external factors […] is simply not enough for genuine cognitive extension. What is needed is constitutive dependence” (2010, p. 246). In this sense, Krickel (this volume) rightly notes that the current (...) disagreement between friends and foes of extended cognition turns on a metaphysical dispute about what is constitutive of mentality and how to locate those constituents. Krickel (this volume) argues that our account of diachronic constitution fails to provide a convincing answer to the metaphysical dispute about ‘what is constitutive’ of mentality and ‘how to locate’ the relevant constituents. The central reason is that diachronic constitution fails the so-called ‘co-location condition,’ which Krickel argues is a necessary condition that an account of constitution must meet in the discussion over the extended mind. The co-location condition asserts that ‘cognition is located where and only where its constituents are located.’ We expose an ambiguity in the co-location condition, and show why this condition is no threat to our account of diachronic constitution. We conclude that the co-location condition is not a necessary condition that an account of constitution in the discussion over the extended mind must adhere to. (shrink)

Arthur Schopenhauer was one of the greatest writers and German philosophers of the nineteenth century. His work influenced figures as diverse as Wagner, Freud and Nietzsche. Best known as a pessimist, he was one of the few philosophers read and admired by Wittgenstein. In this comprehensive introduction, Julian Young covers all the main aspects of Schopenhauer's philosophy. Beginning with an overview of Schopenhauer's life and work, he introduces the central aspects of his metaphysics fundamental to understanding his work as (...) a whole: his philosophical idealism and debt to the philosophy of Kant; his attempt to answer the question of what the world is; his account of science; and in particular his idea that 'will' is the essence of all things. Julian Young then introduces and assesses Schopenhauer's aesthetics, which occupy a central place in his philosophy. He carefully examines Schopenhauer's theories of the sublime, artistic genius and music, before assessing his ethics of compassion, his arguments for pessimism and his account of 'salvation'. In the final chapter, he considers Schopenhauer's legacy and his influence on the thought of Nietzsche and Wittgenstein, making this an ideal starting point for those coming to Schopenhauer for the first time. (shrink)

Explaining socio-economic phenomena is one important aim of economics. There is very little agreement, however, on what precisely constitutes an adequate economic explanation. Starting from the very influential but defective ‘deductive-nomological model’ of explanation, this article describes and criticizes the major contemporary competitors for such an account (the probabilistic–causal, the mechanistic–causal and the unificationist models) and argues that none of them can by itself capture all aspects of a good explanation. When seeking to explain a socio-economic phenomenon it should therefore (...) be borne in mind that different types of explanation serve different purposes. (shrink)

I discuss social constructivism in the philosophy of mathematics and argue for a novel variety of social constructivism that I call Practice-Dependent Realism.