This article describes how Science and Kabbalah complement each other and reveals modern ways of presenting the original concepts of the Kabbalah wisdom. This article also presents a scheme of personal growth through creation of freedom of choice, and provides a Kabbalist's road map. Kabbalah studies the evolution of the universe, our life purpose, and the ascension to higher planes of existence through knowledge attained and presented by great Kabbalists over centuries. Their presentation took different forms at different times. This (...) article offers a scientific approach to the study of Kabbalah, to enhance our appreciation and understanding of this wisdom. (shrink)

In this paper, we propose to see the Necker cube phenomenon as a basis for the development of a mathematical language in accordance with Leibniz’s vision of soft logic. By the development of a new coordinate system, we make a distinction between −0 and +0. This distinction enables us to present a new model for nonstandard analysis, and to develop a calculus theory without the need of the concept of limit. We also established a connection between “Recursive Distinctioning” and soft (...) logic, and use it as a basis for a new computational model. This model has a potential to change the current computational paradigm. (shrink)

Human beings seem to have been always aware of something they called consciousness and have not stopped wondering what it is, what it does, where it came from, and why we have it. This book is testimony to the continuous attempts to crack the riddle, in the 21st century no less, if not even more than before. The book expresses two major convictions. One is that consciousness has a multiplicity of aspects, which need to be considered in order to deepen (...) understanding of this phenomenon and of ourselves. These include in the very least biology, philosophy, religion, mathematics, physics, physiology, and psychology. The other is that the next phase of human evolution may well be the evolution of consciousness - its expansion, development, and enhanced ability on our part to recognise and control it, shape it and put it to our use for improving our chances of survival and enhancing our happiness. This book is aimed at contributing towards the attainment of this goal. (shrink)

Apart from his critique of Kant, Maimon’s significance for the history of philosophy lies in his crucial role in the rediscovery of Spinoza by the German Idealists. Specifically, Maimon initiated a change from the common eighteenth-century view of Spinoza as the great ‘atheist’ to the view of Spinoza as an ‘acosmist’, i.e., a thinker who propounded a deep, though unorthodox, religious view denying the reality of the world and taking God to be the only real being. I have (...) discussed this aspect of Maimon’s philosophy in other places, and though the topic of the current paper has an interesting relation to certain doctrines of Spinoza, I will not develop this issue here. Neither of these two issues -- Maimon’s criticism of Kant or his original interpretation of Spinoza -- was considered by Maimon as his main contribution to philosophy. There is little doubt that if Maimon were asked to point out his single most important innovation he would have picked his doctrine of the Principle of Determinability [Satz der Bestimmbarkeit]. Regarding this doctrine Maimon writes: ... [T]he principle of determinability laid down in this work is a principle of all objectively real thought, and consequently of philosophy as a whole too. All the propositions of philosophy can be derived from, and be determined by it [woraus sich alle Sätze herleiten und wodurch sie sich bestimmen lassen]. … I have made available a supreme principle of all objectively real thought, viz., the principle of determinability... and have established as the ground of the whole of pure philosophy -- a principle which, if it is ever grasped, will, I hope, withstand every scrutiny. These claims may strike the reader as somewhat presumptuous, to say the least. But, if we pay attention to the last sentence of the passage, we can see that Maimon doubts whether his great finding will ever be understood. It is not unlikely that in this phrase (“wenn er nur einmal eingesehen werden wird”) Maimon was reacting to his own repeatedly unsuccessful attempts to explain the principle. The fate of Maimon’s principle has not been much better in the few works written on Maimon’s philosophy, and though almost all commentators agree that the principle of determinability is the linchpin of the positive philosophy Maimon was trying to develop, we do not yet have a clear explanation of this principle, or of the reason why Maimon assigns such importance to it. Recently, Oded Schechter developed an excellent reading of this principle, and in most aspects my view agrees with his (primarily, in its rejecting the attempt to explain the principle as a version of Leibniz’s predicate-in-subject [Praedicatum inest subjecto] containment thesis). My paper consists of two parts. The first is expository in nature. In this part, I spell out briefly the main aspects of Maimon’s principle of determinability and its aims. In the second part, I examine Maimon’s surprising claim that once we accept the principle of determinability, we have to deny the possibility of two subjects sharing the same predicate. Maimon provides several proofs for this highly counterintuitive claim, and I will try to clarify and evaluate these proofs. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Salomon Maimon: Rational Dogmatist, Empirical Skeptic: Critical AssessmentsDaniel BreazealeGideon Freudenthal, editor. Salomon Maimon: Rational Dogmatist, Empirical Skeptic: Critical Assessments. Dordrecht: Kluwer, 2003. pp vii + 304. Cloth, $135.00.This collection of previously unpublished essays on one of the more idiosyncratic and complex figures in the history of philosophy begins with a splendid introductory essay by the editor, "A Philosopher between Two Cultures," emphasizing the "inter-cultural" character of (...) Maimon's achievement and his position as an outsider with respect to both the traditional Jewish community and that of modern German philosophy, a position reflected in Maimon's strategy of advancing his systematic philosophy by means of eccentric "commentaries" on such authors as Maimonides, Newton, and Kant.Maimon's "dual cultural project" is also the theme of a fine essay by Yossif Schwartz, "Causa materialis: Solomon Maimon, Moses ben Maimon and the Possibility of Philosophical Transmission," which compares Maimon's effort to introduce his Hebrew readers to Kantian philosophy (in his commentary on The Guide of the Perplexed) and his German-language readers to Maimonides (in his Autobiography), in an effort to legitimize modern philosophy to his fellow Jews and Maimonides and the tradition of Jewish thought to his fellow philosophers. Schwartz illustrates this point with reference to the specific issue of God as "material cause" of the world.Several of the essays deal with the difficult but important theme of predication and with Maimon's central notion of the "principle of determinability," understood as the highest principle of all (real) synthetic judgments. Oded Schechter's "The Logic of Speculative Philosophy and Skepticism in Maimon's Philosophy: Satz der Bestimmbarkeit and the Role of Synthesis" analyzes this theme in considerable technical detail and relates it to Maimon's philosophy as a whole, and indeed to the "speculative logic" of Hegel and others. This is certainly one of the richest (as well as one of the more challenging) essays in the collection, containing illuminating discussions not only of the principle of determinability, but also of Maimon's highly original notions of "synthesis" and "construction." More accessible is Elhanan Yakira's "From Kant to Leibniz? Salomon Maimon and the Question of Predication," which not only clearly explains the principle in question but convincingly disputes the widespread view that this represents a return to Leibnizian rationalism on the part of Maimon.Maimon's poorly understood theory of "the differential" is the theme of the contribution by Michael Roubach, "Salomon Maimon's Philosophy and its Place in the Enlightenment: Wandering in the Land of Difference," which interprets this notion in the context of the difference between the finite and the infinite intellect and stresses the difference between Maimon's position and that of pre-Kantian rationalism. Unfortunately, Roubach's effort to clarify Maimon's position by comparing it to that of Giles Deleuze is too brief and obscure to be helpful.Though Maimon's relationship to Kant is at least touched on in almost every essay in this collection, it is the explicit theme of four of them, three of which dwell on Maimon's [End Page 119] so-called "quid facti" challenge to Kant's deduction of the categories. Peter Thielke's "Intuition and Diversity: Kant and Maimon on Space and Time" is a very long and philosophically sophisticated examination of Maimon's direct challenge to Kant's "discursivity thesis" regarding the heterogeneity of the faculties of sensibility and understanding. Thielke focuses on Kant's account of space and time as pure forms of intuition and contrasts this with what he calls Maimon's "neglected alternative," viz.: that space and time are not forms of intuition at all, but rather "forms of diversity" and hence features of the function of thinking. In order to explicate this difficult theory, Thielke offers an impressive reconstruction of Maimon's fiendishly obscure idea of the "differentials of pereption" and hence of the fundamentally productive character of the understanding. This provides the theoretical foundation for Maimon's non-dualistic account of the cognitive faculties and his non-causal account of the mind's passivity. Thielke concludes that Maimon's objections, if not sufficient to overturn the discursivity thesis, still undermine the evidence for the same... (shrink)

Food in Ancient Judah: Domestic Cooking in the Time of the Hebrew Bible. By Cynthia Shafer-Elliott. Bible World. Sheffield: Equinox Publishing, 2013. Pp. xiii + 239, illus. $99.95.

All the paradoxes in the Engberg-Pedersen interpretation and all the present-day discussions about whether energeia is an activity or a state, are not, in my opinion, the result of a defective reading of Aristotle but, rather, the influence of the prevailing values of our industrial society. These values - held, as it seems, by these commentators - are conspicuously teleological: they prevent us from grasping the qualitative difference between praxis and poesis and between energeia and kinesis. Indeed, since these teleological (...) values do not take this difference into account, the commentators only ask, when Aristotle distinguishes between praxis and poesis, how much time praxis takes, or if it takes time at all, which is totally irrelevant. Duration in time is incompatible with praxis, not because praxis does not take time nor because it is a state, but because duration in time relates only to purposeful thinking and productive activity, which praxis is not. Commentators fail therefore to analyze successfully the meaning of the expression “actions in which the end (telos) inheres.” It is not clear to them what is meant by activities that are ends in themselves. Failing to grasp this fact, they resort to analysing the temporality of the activity, which is irrelevant to it.Time is a measure of efficiency, and therefore relevant in poesis which is concerned with achievement. The relation of poesis to time is an inverse one: the shorter the time taken for an activity the better the poesis.In ancient-Greek consciousness a valuable activity was that which was undertaken for its own sake and therefore without concern for the amount of time employed in its performance; whereas an action taken as a means to an end was regarded as immoral. In modern society, on the other hand, utilitarian values tend to make it almost incomprehensible that something should be done for its own sake: every human action is evaluated by its result, and when the focus is on the result the criteria of efficiency and utility are obviously relevant. The Greeks valued praxis more than poesis, whereas our culture values poesis and techne more than praxis. The understanding of Aristotle's concept of praxis is useful therefore not only in order to understand ancient-Greek culture, but also to understand better our own presuppositions. (shrink)

Bentham argues that Nature has placed mankind under the governance of pain and pleasure. They determine what we ought to do, as well as what we shall do. Bentham tries to answer two different questions. The first is whether people are actually looking for pleasure. It is a cognitive question about human nature, formulated at a meta-ethical level. The second is whether people ought to look for pleasure. The question is formulated on the ethical level and Bentham asserts that people (...) ought to look for pleasure. In the first case, Bentham is a partner in a non-normative meta-ethical discussion about the character of human values. In the second case, he is not a partner and he is not making statements about facts. Is Bentham aware that the answer to one question does not necessarily imply the answer to the other? (shrink)

HEGEL says that "when enquiry is made as to the kind of predicate belonging to [a] subject, the act of judgement necessarily implies an underlying concept [Begriff]; but this concept is expressed only by the predicate." According to this, some concept of the subject must precede predication. This circularity can be formulated as follows: If the statement is the "factory" in which concepts are produced, how is it that the concepts precede the statement and are not merely produced within it (...) in their function as subjects? And, on the other hand, if the subject is not, prior to predication, a concept--if it has by itself no meaning--how can a predicate be matched to it? There would, in fact, be nothing to match. We are caught in a circular thesis that requires for its elucidation a fresh analysis of the relationship between concept and statement. (shrink)

Maimonides’ Latin translation of Moreh Nevukhim | Guide for the Perplexed, was the most influential Jewish work in the last millennia (Di Segni, 2019; Rubio, 2006; Wohlman, 1988, 1995; Kohler, 2017). It marked the beginning of scholasticism, a daughter of Judaism raised by Jewish thinkers, according to historian Heinrich Graetz (Geschichte der Juden, L. 6, Leipzig 1861, p. xii). Printed by Gutenberg's first mechanical press, its influence in the West went as far as the Fifth Lateran Council (1512 — 1517) (...) "where scholars were encouraged to remove the difficulties which seemed to divide the whole of theology and philosophy (Leibniz, Théodicée, 11)." For centuries, the Guide revolutionized the curriculum of school instruction by reintegrating the natural laws of thought in the sphere of faith (the fourth of which became Leibniz’ Principle of sufficient reason). This complete collection of notes expounds the ideas of the Guide and features all the passages selected and rewritten by Leibniz. This first complete annotated bilingual translation of the original manuscripts in Latin serves as an entry point to the faith in conformity with Reason. This complete collection of notes expounds the ideas of the Guide as selected and rewritten by Leibniz, the famous mathematician inventor of computer arithmetic, considered the last universal genius. The first complete bilingual translation in three centuries features on the front cover Rembrandt's Philosopher in meditation, and a recommendation from Leibniz's himself on the back: "Rabbi Maimonides' excellent book, A Guide for the Perplexed, is more philosophical than I imagined and worthy of careful reading." According to Malbim’s translator, Noah Rosenbloom, the book’s epigraph indicates that nineteenth-century Rabbi Leibush ben Yehiel Michel Wisser, also known as Malbim, was familiar with Leibniz’ Theodicy. In Leibniz’ anthology of the Guide, the reader can get a detailed glimpse of Leibniz' impressions of Maimonides. The Foreword by Leibniz' translator Lloyd Strickland suggests that there were sympathies and perhaps even overlaps between the thoughts of both universal luminaries. -/- . (shrink)

For most of the vast span of human history, economic growth was all but nonexistent. Then, about two centuries ago, some nations began to emerge from this epoch of economic stagnation, experiencing sustained economic growth that led to significant increases in standards of living and profoundly altered the level and distribution of wealth, population, education, and health across the globe. The question ever since has been--why? This is the first book to put forward a unified theory of economic growth that (...) accounts for the entire growth process, from the dawn of civilization to today. Oded Galor, who founded the field of unified growth theory, identifies the historical and prehistorical forces behind the differential transition timing from stagnation to growth and the emergence of income disparity around the world. Galor shows how the interaction between technological progress and population ultimately raised the importance of education in coping with the rapidly changing technological environment, brought about significant reduction in fertility rates, and enabled some economies to devote greater resources toward a steady increase in per capita income, paving the way for sustained economic growth. Presents a unified theory of economic growth from the dawn of civilization to today Explains the worldwide disparities in living standards and population we see today Provides a comprehensive overview of the three phases of the development process Analyzes the Malthusian theory and its empirical support Examines theories of demographic transition and their empirical significance Explores the interaction between economic development and human evolution. (shrink)

A joke is amusing if and only if it’s fitting to be amused by it; an act is regrettable if and only if it’s fitting to regret it. Many philosophers accept these biconditionals and hold that analogous ones obtain between a wide range of additional evaluative properties and the fittingness of corresponding responses. Call these the _fit–value biconditionals_. The biconditionals give us a systematic way of recognizing the role of fit in our ethical practices; they also serve as the bedrock (...) of various metaethical projects, such as fitting-attitude analysis of value and the ‘fittingness first’ approach. Yet despite the importance of the biconditionals, there is very little discussion of their proper interpretation. This paper argues that any plausible interpretation of the fit_–_value biconditionals must disarm several kinds of apparent counterexample. For instance, that an achievement is pride-worthy doesn’t imply it is fitting for me to take pride in it because the achievement might not be mine or that of anyone close to me; that a joke is amusing doesn’t imply it is fitting for me to be amused by it for six straight months; and that a person is loveable doesn’t imply it is fitting for me to love him romantically because that person might be my sibling. We consider possible responses to such counterexamples and develop what we consider the most promising interpretation of the biconditionals. The upshot is that certain widespread assumptions about fit and its relation to value and reasons should be reconsidered. (shrink)

Journal of Philosophy of Education, EarlyView.

It is commonly maintained that neuroplastic mechanisms in the brain provide empirical support for the hypothesis of multiple realizability. We show in various case studies that neuroplasticity stems from preexisting mechanisms and processes inherent in the neural structure of the brain. We argue that not only does neuroplasticity fail to provide empirical evidence of multiple realization, its inability to do so strengthens the mind-body identity theory. Finally, we argue that a recently proposed identity theory called Flat Physicalism can be enlisted (...) to explain the current state of the mind-body problem more adequately. (shrink)

L’objet de cet article est double: 1) montrer que la Science de la logique de Hegel est incapable de rendre compte de la nature de la relation de causalité. Hegel explique plutôt la relation de causalité en la réduisant à une relation de conditionnalité. 2) Soutenir ensuite que cet échec n’est pas le propre de l’hégélianisme mais qu’il est le résultat inévitable de tout effort intellectuel pour comprendre la relation de causalité, quand on ne prend pas en compte la contribution (...) de la perception sensible à la connaissance. L’analyse philosophique peut alors conclure que la causalité, bien qu’elle soit perceptible par les sens, n’est pas compréhensible, tandis que la conditionnalité qui s’y substitue est compréhensible bien qu’elle ne soit pas perceptible. (shrink)

The ontological argument- proposed by St. Anselm and developed by Descartes, Leibniz, Kant, Hegel, and Marx- furnishes a key to understanding the relationship between thought and reality. In this article, we shall focus on Hegel’s attitude towards the ontological argument as set out in his Science of Logic, where it appears as a paradigm of the relationship between thought and reality. It should be remarked, moreover, that our choice of the subject was not random and that it was selected for (...) the reason that belief in God is a preeminent social reality, inasmuch as faith in God creates His existence. Therefore, an investigation of the concept of God is an inquiry into the most profound recesses of human consciousness. The great opponents of the ontological argument, from Hume down to our day--and even Kant--have based their arguments upon the fundamental empiricist assertion that existential judgments are not analytical. This paper attempts to defend the ontological argument against its opponents. (shrink)

Introduction -- Matter, form of cognition, form of sensibility, form of understanding, time and space -- Sensibility, imagination, understanding, pure a priori concepts of the understanding or categories, schemata, answering the question Quid Juris, answering the question Quid Facti, doubts about the latter -- Ideas of the understanding, ideas of reason, etc. -- Subject and predicate. the determinable and the determination -- Thing, possible, necessary, ground, consequence, etc. -- Identity, difference, opposition, reality, logical, and transcendental negation -- Magnitude, alteration, change, (...) etc. -- Truth, subjective, objective, logical, metaphysical -- On the I, materialism, idealism, dualism, etc. -- Short overview of the whole work -- My ontology -- On symbolic cognition and philosophical language. (shrink)

This paper seeks to exhibit and explain, by way of comparison, two ideal kinds of knowledge: knowledge based on classifications according to genera and species, as in Aristotelianism and common sense, and scientific knowledge based on the application of laws of nature. I will proceed by attempting (1) to determine the role that presuppositions play in knowledge in general by means of the distinction between content and form; (2) to describe and explain the main features of both ideal forms of (...) knowledge; and, finally, (3) to analyze the relation between these two forms of knowledge as it is presented in Eddington's celebrated discussion of the “two tables”. I will be critical of the widespread view that modern science is the correct form of knowledge, and that common sense is merely an illusion. (shrink)

THE aim of this paper is to explain a paradox in Plato's philosophy. On the one hand, Plato reduces virtue to knowledge; on the other, he rejects the possibility of knowledge or at least has serious doubts that it exists. I shall propose in this paper that the definition of virtue as knowledge is a logical outcome of Plato's denial of the particular aspect of knowledge as cognitive relation. This paper may also be considered as an attempt to resolve the (...) Hintikka‐Santas polemic about whether there is a difference in Plato's philosophy between the function of knowledge and its object. ([3], [6] pp. 1–71). The first part of this paper consists in a critical exposition of Plato's rejection of cognitive relation as a function of knowledge. The second part is devoted to an account of Plato's assumptions in this regard. In the third section of the paper I shall show how, on the basis of these assumptions, Plato reduces virtue to knowledge. And finally, in the last section of the essay, I shall compare my interpretation of this issue with other modern interpretations, especially those of Gerasimos Santas and Jaakko Hintikka. (shrink)

In the Physics, Aristotle defines motion as 'the actuality of what is potentially, qua potential' (Phys. 201b5). This definition has been interpreted countless times and has been the subject of heated controvery. At issue today is whether ὲντελέχεια refers to motions as a process or a state. Accordingly, if the idea of ὲντελέχεια is believed to refer to a process, it is translated to mean actualization. If on the other hand it is taken to refer to a state, it is (...) translated as meaning actuality. In the first instance, known as the 'state-view', a change is defined as being the state of a changing object when it is actually potentially F, for some F. In the second, or 'process-view', a change is defined as the actualization of a potentially. It seems to me that both views mistakenly assume that Aristotle succeeded in defining motion as motion. As a consequence, the discussion has focused on a presumed content that the definition does not offer. Indeed, were it the case that Aristotle's definition was adequate, there would hardly be any point in even considering the question of whether he had intended to regard motion as being a state or a process. In this paper I examine both of these views and offer an alternative interpretation of my own that differs markedly from either. Additionally, I shall show that just as Aristotle's definition represents a projection of his particular attitude toward nature - so also recent interpretations of his definition represent a projection of the attitudes of modern thinker's toward Aristotle's philosophy. (shrink)

The ontological argument--first proposed by St. Anselm and subsequently deveIoped by Descartes, Leibniz, Kant, Hegel and Marx--furnishes a key to understanding the relationship between thought and reality. In this article we shall focus on Hegel’s attitude towards the ontological argument as set out in his Science of Logic, where it appears as a paradigm of the relationship between thought and reality. It should be remarked, moreover, that our choice of the subject was not random and that it was seIected for (...) the reason that belief in God is a preeminent social reality, inasmuch as faith in God creates His existence. Therefore, an investigation of the concept of God is an inquiry into the most profound recesses of human consciousness.The great opponents of the ontological argument, from Hume down to our day--and even Kant--have based their arguments upon the fundamental empiricist assertion that existential judgments are not analytical. In this paper we attempt to defend the ontological argument against its opponents. (shrink)

Everybody knows, by experience, that the mind can "determine" the body to motion and rest. However, nobody knows how this phenomenon is possible. This ignorance is a consequence of the limitations of our categories of thought. The awareness of our ignorance will lead to understand why we are unable to fathom the link between body and mind.

This book is about the relationship between different concepts of freedom and happiness. The book's authors distinguish three concepts for which an empirical measure exists: opportunity to choose, capability to choose, and autonomy to choose. They also provide a comprehensive account of the relationship between freedom and well-being by comparing channels through which freedoms affect quality of life. The book also explores whether the different conceptions of freedom complement or replace each other in the determination of the level of well-being. (...) In so doing, the authors make freedoms a tool for policy making and are able to say which conception is the most effective for well-being, as circumstances change. The results have implications for a justification of a free society: maximizing freedoms is good for its favorable consequences upon individual well-being, a fundamental value for the judgment of human advantage. (shrink)

Commentators do not take Socrates’ theses in the Hippias Minor seriously. They believe it is an aporetic dialogue and even that Socrates does not mean what he says. Hence they are unable to understand the presuppositions behind Socrates’ two interconnected theses: that those who do wrong and lie voluntarily are better than those who do wrong unintentionally, and that no one does wrong and lies voluntarily. Arguing that liars are better than the unenlightened, Socrates concludes that there are no liars. (...) Instead, there are only those who know and those who don’t. The unenlightened cannot lie, and alien volitions, desires, or emotions are unlikely to mislead and deceive those who know, i. e., the wise. Why, then, is a thinker like Socrates ready to defy the experience and moral convictions of his contemporaries and even our own to such an extent? (shrink)

Are human beings antithetical in nature? Is there a radical difference between pleasure, efficiency, and moral good, or is the conflict only imaginary? These have traditionally been considered the central questions of Plato's most vivid dialogue, the Protagoras. Many interpreters have seen this dialogue as a confrontation between the moralist and the relativist . This dichotomy is manifest when Plato and Protagoras discuss theoretical questions concerning either knowledge of facts or knowledge of values. Through a careful examination of the text, (...) specifically of practical questions about values, Oded Balaban breaks with tradition by concluding that Plato and Protagoras do not exemplify characteristic moralism or relativism at all. He finds that the issue at the crux of the discussion is instead that of the criterion for knowledge and valuation; the Protagoras thus describes the search for a standard by which anything may be known and valued. Balaban applies the fundamental question of standards to that of the entire field of rhetoric: Should a discourse be short or long, simple or complex? What is the standard for conducting literary criticism? The author's revolutionary approach to the Protagoras also involves a study of the myth of Protagoras and situates the dialogue within its framework. (shrink)

This chapter contains sections titled: The Enlightenment and Its Antecedents Equal Rights and American Constitutional Law Liberty and Equality under the Constitution The Radical Critique and the Radical Dilemma Rawls Dworkin Equality of Capabilities Equality Unmodified or Spheres of Justice Is Equality a Value? References.

Public law adjudication has grown dramatically in recent decades in many English-speaking countries. In the United States, and increasingly in other countries where it used to be rare for public questions to be decided in court, controversial questions of public policy are tried as constitutional or human rights issues and decided by court order. But in other areas of law - in everyday tort, contract, and property cases - court decisions are typically much less dramatic and seldom if ever announce (...) controversial innovations in public policy. Yet in private law cases too there are implicit questions of social justice.In common law countries, perhaps not surprisingly, tort, contract, and other private law cases are often decided on common law principles. Common law has a style and ethos of its own. It is based on precedent and, although precedent is open to modification, the common law style is anything but radical. With roots in the nineteenth century and earlier, common law often reflects classically liberal ideas, more or less consciously and more or less robustly.Instead of approaching private law cases with a common law mindset, should judges not treat these cases the way they might treat public law cases? Should courts not promote a vision of justice and human rights through private law adjudication, just as they sometimes - and in many countries increasingly - do in notable public law decisions?This article suggests several reasons why they should not. Turning private law more public in such a way would have considerable costs in legal stability, transparency, legitimacy, and judicial habits of neutrality and impartiality. Each of these considerations in turn is associated with what is generally thought of as the Rule of Law. The classically liberal ideas in the common law bloodstream themselves have at least some association with political freedom and the Rule of Law. And even if one is sceptical about classical liberalism and enthusiastic about today's public law, one might consider that public acceptance of ambitious public law adjudication may depend at least in part on the credit that courts build up through morally and politically unambitious day-to-day common law adjudication. (shrink)

The ontological arguments (OA) discussion is about the relations between essence and existence, and between analytic and synthetic judgments. Rationalists asserts that essence determines existence. Empiricists assert that existence cannot be deduced from thought. However, both made the error of disconnecting the objective existence of God from subjective thought about Him. We propose to demonstrate two interconnected theses: A) In the course of its historical development, the OA did not manage to refute empiricist critiques. B) His existence is only partial, (...) since a full existence needs two sources; an idea and a sense-datum.(edited). (shrink)

Title on spine: Subject & consciousness.