Kevelson remains an important figure in legal semiotics, a co-founder, along with Bernard Jackson, of the International Roundtable for the Semiotics of Law, and of course a valuable and seminal commentator on Peirce in the legal domain. This paper will examine her claim, that through his collaboration with and influence on Oliver Holmes, Peirce should be regarded as a foundational figure in a history of legal realism and modern jurisprudence, and that a legal semiotic can be identified in and not (...) only extrapolated from his seminal writings. This paper will contend that the relationship between Peirce and Holmes should be seen as perplexed and disputatious, rather than close and directly influential, as Kevelson argues. However, regardless of its limitations, Kevelson’s historical inquiry helps provide the ground for a contemporary and historical account of the full picture of a Peircean based legal semiotic and jurisprudence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:RECENT BARTHIANA 1 JOHN D. GODSEY Wesley Theological Seminary Washington, D.C. N 0 ONE CAN responsibly do theology today without reckoning with the prodigious legacy of Karl Barth, the Swiss Reformed theologian who was born in 1886, began theological studies in 1904, entered a full-time pastorate in 1911, taught dogmatics successively at Gottingen, Munster, Bonn, and Basel between 1921 and 1962, and died in 1968. From his electrifying Commentary (...) on Romans through his multivolumed but unfinished Church Dogmatics he wrote unceasingly in the areas of exegetical, historical, ethical, practical, and dogmatic theology, and ventured from time to time into the realms of politics and culture. Helper in organizing textile workers while pastor in Safenwil, questioner of major assumptions of neoProtestant liberal theology, spiritual leader of the German Confessing Church's struggle against Nazism, principal author of the Barmen Confession, participant in the 1948 Amsterdam Assembly of the World Council of Churches, and invited guest of Pope Paul VI in Rome in 1966-these are some of the highlights of Barth's colorful career. The books under review provide impressive testimony to Barth's ongoing significance for modern theology. One is a work 1 Karl Barth, The Gottingen Dogmatics: Instruction in the Christian Religion, vol. I, trans. Geoffrey W. Bromiley (Eerdmans, 1991). 490 pp. $39.95 cloth. George Hunsinger, How To Read Karl Barth: The Shape of His Theology (Oxford Univ. Press, 1991). 298 pp. $32.50 cloth. John Macken, S.J., The Autonomy Theme in the Church Dogmatics: Karl Barth and his Critics (Cambridge Univ. Press, 1990). 232 pp. $54.50 cloth. S. W. Sykes, ed., Karl Barth: Centenary Essays (Cambridge Univ. Press, 1989). 171 pp. $39.50 cloth. 269 270 JOHN D. GODSEY by Barth himself, two grew out of doctoral dissertations, and the other contains interpretative essays by five theologians who wished to honor Barth on the occasion of his centenary year in 1986. To appreciate properly the surprising appearance of Barth's Gottingen Dogmatics requires a bit of history. After ten years as a pastor in the village of Safenwil in north-central Switzerland, Barth was called in 1921 to be "Honorary Professor of Reformed Theology" on the theological faculty of the University of Gottingen in Germany. Having neither doctorate nor teaching experience, he was offered the cp_air on the basis of the first edition of Romans ( 1919) with the expectation that he would represent the Reformed tradition in this German Lutheran stronghold. During his first years he presented exegetical lectures on biblical texts as well as historical lectures that would help him learn his own tradition: the Heidelberg Catechism, Calvin, Zwingli, the Reformed Confessions, and Schleiermacher. Not until 1924-25 did he dare attempt to lecture on dogmatics, and even then he was not allowed to use the title "dogmatics," which was reserved strictly for Lutherans, so he chose to name his lecture series " Instruction in the Christian Religion," recalling Calvin's chief work, Institutio religionis christianae. Unlike his second cycle of lectures in Munster in 1926 (published as Prolegomena to Die Christliche Dogmatik in 1927) and the magisterial Church Dogmatics that began in 1932, these first lectures on dogmatics were never published during Barth's life time. Preserved in his own handwriting, they were edited and finally made public in 1990 in the Swiss edition of his Collected Works. The first of two volumes has now appeared in English and comprises four of seven chapters : three on the doctrine of the Word of God (as Revelation, as Holy Scripture, and as Christian Preaching) plus one on the doctrine of God. Three other major loci (Anthropology, Reconciliation, and Redemption) will appear in Volume Two. Professor Daniel L. Migliore of Princeton Seminary has written a 48-page Introduction to the whole, which provides brilliant insights into Barth's theology and points RECENT BARTHIANA 271 out the particular characteristics and peculiarities of this first (and only completed!) set of lectures on dogmatics. Why should one read the Gottingen Dogmatics rather than, say, the Church Dogmatics? First, Barth's basic theology, at least the lineaments thereof, is to be found here in what is perhaps its most accessible form; in relatively short compass he sets forth his... (shrink)

I argue that the effectiveness of forgiveness in the healing of relationships is dependent on both the givers and recipients of forgiveness understanding that once it has been granted, forgiveness is not normally able to be retracted. When we forgive, we make a firm commitment not to return to our former state of moral resentment against the offender, replacing it by good-will. This commitment can be broken only where the forgiving party makes some significant cognitive adjustment to her appraisal of (...) either the offender or the offence, believing that her original forgiveness was granted in error. I reject the view that forgiveness can lapse or be withdrawn on the basis of a return of hurt or disappointed feelings, arguing that these do not amount to a restoration of the resentment that is extinguished when forgiveness is granted. I contend that a person who ‘forgives’ and later takes back that ‘forgiveness’ because certain negative feelings have returned either did not genuinely forgive in the first place or shows that she has not fully grasped the nature of forgiveness. (shrink)

McNaught, Keith; Shaw, Geoffrey Organisations ubiquitously seek feedback from their customers, for a vast range of reasons. The data may assist in improving services, responding to concerns, celebrating excellent service, or determining that desired standards are being achieved. Australian hospitals utilise a range of techniques to collect patient feedback, and to use that patient feedback as part of continuous improvement. Whilst every hospital in Australia is expected to provide excellent medical care and treatment, private hospitals regularly purport to offer (...) some form of 'distinctive care', and options for patients that do not usually exist in public hospitals. Most often, private hospital patients are contributors to private health insurance, which is expensive, and additional 'out of pocket' expenses are the norm. Patients, therefore, often have particular expectations of a private hospital, which may include their choice of doctor, surgeon or anaesthetist; a private room and ensuite bathroom; a high standard of food choices; being kept well-informed with regard to their treatment; flexible hours and arrangements for visitors; a longer stay; and personalised care. (shrink)

In this paper I defend and develop Bernard Williams’ claim that the ‘constitutive thought’ of regret is ‘something like “how much better if it had been otherwise”’. An introductory section on cognitivist theories of emotion is followed by a detailed investigation of the concept of ‘agent-regret’ and of the ways in which the ‘constitutive thought’ might be articulated in different situations in which agents acknowledge casual responsibility for bringing about undesirable outcomes. Among problematic cases discussed are those in which agents (...) have caused harm through no fault of their own, or have been constrained to choose the lesser of two evils or to act against their moral values. R. Jay Wallace’s ‘bourgeois predicament’ and related cases, in which we recognize that our present advantages have flowed from regrettable antecedents, further show that regret is often not a simple emotion, and it is argued that conflicted regrets are sometimes unavoidable. Finally, the paper looks at Descartes’ account of regret as a form of sadness engendered by the recollection of irrecoverable happy experiences, to which the ‘constitutive thought’ does not readily apply. It is suggested that what Descartes is discussing is a different genre of emotion for which ‘nostalgia’ might be a better name. (shrink)

Books and articles about the acceleration of daily life are themselves accelerating. A theoretical basis for expecting the inevitability of these trends has been traced in the writings of major sociologists including Durkheim, Marx, Weber and Sorkin. As deTocqueville observed more than 150 years ago, “The American is always in a hurry.” Economists have also weighed in on these issues of time compression, perhaps starting with Linder’s insightful treatise The Harried Leisure Class, predicting the frantic pace of modern life and (...) leisure. As specialized work led to higher rates of productivity, accelerated consumption led to an acceleration of the pace of life and a harried leisure class. Much of what Linder discussed in regard to time scarcity was perceived scarcity. Interestingly, his conclusions were not that people would work longer, but rather that they would attempt to increase the yield on a unit of time in all areas of life—minimizing activities such as singing or political debate, which could not easily have their yield on time spent increased. The value of efficiency and increased productivity, carried to extremes, he argued, produced a kind of decadence in which the goal of economic growth is never questioned. More recently, economists have played down the seriousness of concerns over a speeded up lifestyle, characterizing it in large part as “Yuppie Kvetch.” Not that higher income couples are making irrational decisions, they are simply facing the inevitable constraints on their ability to enjoy their wealth. This article reviews various of these philosophical issues in the context of US national survey data concerning trends in the time pressures and stress in the activities of Americans over the last 30+ years. It focuses both on the measurable amounts of free time Americans have and on the specific activities done in that free time. It also reviews survey data on Americans’ perceptions of and attitudes toward time and stress. It brings together data from different survey sources that often show conflicting trends and conclusions. (shrink)

It is well-known that Isaac Newton’s conception of space and time as absolute -- “without reference to anything external” (Principia, 408) -- was anticipated, and probably influenced, by a number of figures among the earlier generation of seventeenth century natural philosophers, including Pierre Gassendi, Henry More, and Newton’s own teacher Isaac Barrow. The absolutism of Newton’s contemporary and friend, John Locke, has received much less attention, which is unfortunate for several reasons. First, Locke’s views of space and time undergo a (...) dramatic evolution that mirrors the overall absolutist trend of the era. Second, there are good reasons to suppose that Locke was influenced late in this evolution by Newton’s Principia, which he read and reviewed shortly after its 1687 publication. It is even possible that Locke read or knew of the earlier and unpublished, though now famous, Newtonian tract De Gravitatione. Third, despite the influence of Newton, Locke’s retains a skeptical attitude concerning our empirical knowledge of absolute space and time. He is especially cautious about absolute time, bucking a widespread tendency to treat time as strongly analogous to space. Their disagreement about the measure of absolute time, we will suggest, reflects a deeper disagreement in the philosophy of science. While Locke counts as scientific knowledge only ideas and demonstrations derivable from immediate experience, Newton endorses a more theory-driven brand of empiricism, which holds that our best explanations of the phenomena provide genuine knowledge that goes beyond what we can directly observe. (shrink)

Recent developments in literary theory, such as structuralism and deconstruction, have come under attack for neglecting history, while historically-based approaches have been criticized for failing to take account of the problems inherent in their methodological foundations. This collection of essays is unique in that it focuses on the relation between post-structuralism and historical (especially Marxist) literary theory and criticism. The volume includes a deconstructive reading of Marx, essays that relate history to the philosophical and institutional context, and a number of (...) studies of particular texts, literary and non-literary, which pose the question of history and literary theory with particular force. (shrink)

Many recent writers in the virtue ethics tradition have followed Aristotle in arguing for a distinction between virtue and continence, where the latter is conceived as an inferior moral condition. In this paper I contend that rather than seeking to identify a sharp categorical difference between virtue and continence, we should see the contrast as rather one of degree, where virtue is a continence that has matured with practice and habit, becoming more stable, effective and self-aware.

A different picture of learning is suggested by Karl Popper's account of knowledge growing through 'conjectures and refutations'. The facts of human language are best explained by taking language acquisition to be a case of Popperian learning.

Moral knowledge, to the extent anyone has it, is as much a matter of knowing how -- how to act, react, feel and reflect appropriately -- as it is a matter of knowing that -- that injustice is wrong, courage is valuable, and care is due. Such knowledge is embodied in a range of capacities, abilities, and skills that are not acquired simply by learning that certain things are morally required or forbidden or that certain abilities and skills are important.1 (...) To lose sight of this fact, to focus exclusively on questions concerning what is commonly called propositional knowledge, is to lose one's grip on (at least one crucial aspect of) the intimate connection between morality and action. At the same time, insofar as it suggests that moral capacities can be exhaustively accounted for by appeal to peoples' cognitive states, to focus on propositional knowledge is to invite an overintellectualized picture of those capacities. No account of moral knowledge will be adequate unless it does justice to the ways in which knowing right from wrong, and good from bad, is not simply a matter of forming the correct beliefs but is a matter of acquiring certain abilities to act, react, feel, and reflect appropriately in the situations in which one finds oneself. And this means a satisfying treatment of moral epistemology must give due attention to what's involved in knowing how to be moral. (shrink)

Together with relativity theory, quantum mechanics stands as the conceptual foundation of modern physics. It forms the basis by which we understand the minute workings of the subatomic world. But at its core lies a paradox--it is unmeasurable. This book presents a powerful and energetic new approach to the measurement dilemma.

_Quod non est in actis, non est in mundo_. Once files are reduced to the status of stylized icons on computer screens, the reign of paper files appears to be over. With the epoch of files coming to an end, we are free to examine its fundamental influence on Western institutions. From a media-theoretical point of view, subject, state, and law reveal themselves to be effects of specific record-keeping and filing practices. Files are not simply administrative tools; they mediate and (...) process legal systems. The genealogy of the law described in Vismann's _Files_ ranges from the work of the Roman magistrates to the concern over one's own file, as expressed in the context of the files kept by the East German State Security. The book concludes with a look at the computer architecture in which all the stacks, files, and registers that had already created order in medieval and early modern administrations make their reappearance. (shrink)

Philosophical discussion of forgiveness has mainly focused on cases in which victims and offenders are known to each other. But it commonly happens that a victim brings an offender under a definite description but does not know to which individual this applies. I explore some of the conceptual and moral issues raised by the phenomenon of forgiveness in circumstances in which identification is incomplete, tentative or even mistaken. Among the conclusions reached are that correct and precise identification of the offending (...) individual is not essential for forgiveness to take place; that an offender can, under certain strict conditions, be said to be forgiven by proxy where the victim has misidentified the offender and ‘forgiven’ the wrong person; and that proxy forgiveness of this sort is not subject to the objections commonly levelled against ‘proxy’ or ‘third-party forgiveness.’. (shrink)

The privacy of the dead might be thought to be violated by, for instance, the disinterment for research purposes of human physical remains or the posthumous revelation of embarrassing facts about people's private lives. But are there any moral rights to privacy which extend beyond the grave? Although this notion can be challenged on the ground that death marks the end of the personal subject, with the consequent extinction of her interests, I argue that a right to privacy belongs to (...) deceased persons in virtue of their moral status while alive and reflects their interest in the preservation of their dignity. The paper investigates what prima-facie privacy rights and interests may plausibly be ascribed to the dead and why these need to be taken seriously by those, such as archaeologists or biographers, who have "dealings with the dead.". (shrink)

Evils, both large and small, are a constant feature of human life. This book is about responding to them and in particular about responding to moral evils, that is, those produced by the deliberate acts of human beings. Prominent in our repertoire of responses to moral evil are forgiveness and punishment, and these, with the numerous conceptual and moral problems they raise, are at the heart of the study in this book. After discussing the idea of evil, Scarre turns to (...) the meaning of forgiveness and the conditions for granting it. He defends a broadly utilitarian approach that stresses the role of forgiveness in repairing the damage that has been caused by injurious or offensive behaviour. Scarre then considers the controversial virtue of mercy and the propriety of revengeful behaviour and resentful attitudes. Finally, he deals with the purpose and justification of judicial punishment, paying particular regard to the appropriate treatment of war criminals. In this timely and sensitively written book, Scarre pays close attention to the existing literature and appraises both contemporary and classical contributions to the debate. This book makes an original contribution to an area of ethical thought that has been attracting an increasing amount of attention from philosophers, jurists and political thinkers. (shrink)

Subtle-body practices are found particularly in Indian, Indo-Tibetan and East Asian societies, but have become increasingly familiar in Western societies, especially through the various healing and yogic techniques and exercises associated with them. This book explores subtle-body practices from a variety of perspectives, and includes both studies of these practices in Asian and Western contexts. The book discusses how subtle-body practices assume a quasi-material level of human existence that is intermediate between conventional concepts of body and mind. Often, this level (...) is conceived of in terms of an invisible structure of channels, associated with the human body, through which flows of quasi-material substance take place. Contributors look at how subtle-body concepts form the basic explanatory structure for a wide range of practices. These include forms of healing, modes of exercise and martial arts as well as religious practices aimed at the refinement and transformation of the human mindbody complex. By highlighting how subtle-body practices of many kinds have been introduced into Western societies in recent years, the book explores the possibilities for new models of understanding which these concepts open up. It is a useful contribution to studies on Asian Religion and Philosophy. (shrink)

Because commemorations of historic events say as much about the present as the past, it is important to think carefully about how and why we should remember the Great War in the centenary year of its outbreak. Commemoration must not be allowed to degenerate into mere mass entertainment, thoughtless celebration of martial valour, an occasion for chauvinism, or an advertisement for the merits of war as a means of settling international disputes. More respectable reasons for commemorating the Great War are (...) that it provides opportunities to learn from past mistakes, to reaffirm some common core values, and to pay our respects to those who died in their country’s service. I argue, however, that each of these justifications raises serious problems of interpretation and application, and that careful thought and moral sensitivity are needed if our efforts at commemoration are not to send out the wrong messages. (shrink)

Distinguished critic and scholar Geoffrey Hartman explores the usefulness of Derrida's style of close reading for English and American scholarship and establishes its relevance to the division that has arisen between European and Anglo-American critical approaches. In addition, he discusses Derrida's exegesis in relation to theological commentary.