This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion thesis, which defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together these two theses oppose both conservative theories that would restrict the scope (...) of adjudication unduly, and leftist critical theories that would liberate judges from the rule of law. (shrink)

Oliver Wendell Holmes, Jr. is, arguably, the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. In it, Holmes detailed his radical break with legal formalism and created the foundation for the leading contemporary schools of American legal thought. He was the dominant source of inspiration for the school of legal realism, and his insistence on a practical approach to law and (...) legal analysis laid the basis for the realists' later concentration upon the pragmatic and empirical aspects of law and legal procedures. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. (shrink)

This paper argues that Quaker business ethics can be understood as a MacIntyrean tradition. To do so, it draws on three key MacIntyrean concepts: community, compartmentalisation, and the critique of management. The emphasis in Quaker business ethics on finding unity, as well as the emphasis that Quaker businesses have placed on serving their local areas, accords with MacIntyre’s claim that small-scale community is essential to human flourishing. The emphasis on integrity in Quaker business ethics means practitioners are well-placed to resist (...) the compartmentalising pressures of contemporary work. Quaker business ethics is also highly critical of the manipulative forms of management that MacIntyre regards as dominant. As such, Quaker business ethics provides evidence that more morally ameliorative forms of running business organisations is possible, even if they remain difficult to achieve. (shrink)

A philosophical analysis is offered of the relationship between knowledge and liberation in Buddhism. Buddhists often consider the knowledge of impermanence as a key to liberation from craving, attachment, and hence suffering. However, it can be objected that one may know that things are impermanent and yet still be subject to craving and attachment. In the face of this objection, critical consideration is given to five ways in which one might preserve the claim that a knowledge of things as they (...) actually are results in liberation from craving and attachment. Many Buddhists might in fact reject the thesis that knowledge alone, no matter how it is characterized, is a sufficient condition for liberation. (shrink)

This is one of the most justly celebrated texts of the Chinese tradition - impressive for both its bold philosophical imagination and its striking literary style. Accepting the challenge of translating this captivating classic in its entirety, Burton Watson has expertly rendered into English both the profound thought and the literary brilliance of the text.

This is Daoist philosophy’s central tenet, espoused by the person—or group of people—known as Zhuangzi (369?-286? B.C.E.) in a text by the same name.

Mozi (fifth century B.C.) was an important political and social thinker and formidable rival of the Confucianists. He advocated universal love -- his most important doctrine according to which all humankind should be loved and treated as one's kinfolk -- honoring and making use of worthy men in government, and identifying with one's superior as a means of establishing uniform moral standards. He also believed in the will of Heaven and in ghosts. He firmly opposed offensive warfare, extravagance -- including (...) indulgence in music and allied pleasures -- elaborate funerals and mourning, fatalistic beliefs, and Confucianism. (shrink)

Only by inhabiting Dao and dwelling in its unity can humankind achieve true happiness and freedom, in both life and death. This is Daoist philosophy's central tenet, espoused by the person--or group of people--known as Zhuangzi in a text by the same name. To be free, individuals must discard rigid distinctions between right and wrong, and follow a course of action not motivated by gain or striving. When one ceases to judge events as good or bad, man-made suffering disappears, and (...) natural suffering is embraced as part of life. Zhuangzi elucidates this mystical philosophy through humor, parable, and anecdote, using non sequitur and even nonsense to illuminate truths beyond the boundaries of ordinary logic. Boldly imaginative and inventively written, the _Zhuangzi_ floats free of its historical period and society, addressing the spiritual nourishment of all people across time. One of the most justly celebrated texts of the Chinese tradition, the _Zhuangzi_ is read by thousands of English-language scholars each year, yet, until now, only in the Wade-Giles romanization. Burton Watson's conversion to pinyin in this book brings the text in line with how Chinese scholars, and an increasing number of other scholars, read it. (shrink)

Compiling in one volume the basic writings of these three seminal thinkers of ancient China, each from a different philosophical school, this book reveals the richness and diversity of the ancient Chinese intellectual world.

Xunzi asserted that the original nature of man is evil, differing on this point from Mencius, his famous predecessor in the Confucian school. In the most complete, well-ordered philosophical system of his day, Xunzi advocated the counteraction of man's evil through self-improvement, the pursuit of learning, the avoidance of obsession, and observance of ritual in life. Readers familiar with Xunzi's work will find that Burton Watson's lucid translation breathes new life into this classic. Those new to Xunzi will find (...) his ideas on government, language, and order and safety in society surprisingly close to concerns of our own age. (shrink)

Compiled by disciples of Confucius in the centuries following his death in 479 B.C.E., _The Analects of Confucius_ is a collection of aphorisms and historical anecdotes embodying the basic values of the Confucian tradition: learning, morality, ritual decorum, and filial piety. Reflecting the model eras of Chinese antiquity, the Analects offers valuable insights into successful governance and the ideal organization of society. Filled with humor and sarcasm, it reads like a casual conversation between teacher and student, emphasizing the role of (...) the individual in the attainment of knowledge and the value of using historical events and people to illuminate moral and political concepts. Confucius's teachings focus on cultural and peaceful pursuits and the characteristics of benevolent and culturally distinguished government. He also discusses ancestor worship and other rites performed for the spirits of the dead. The single most influential philosophical work in all of Chinese history, _The Analects of Confucius_ has shaped the thought and customs of China and neighboring countries for centuries. Burton Watson's concise translation uses the pinyin romanization system and keeps explanatory notes to a minimum, yet his intimate knowledge of the Confucian tradition and precise attention to linguistic detail capture the original text's elegance, cogency, and wit. (shrink)

The basic writings of Chuang Tzu have been savored by Chinese readers for over two thousand years. And Burton Watson's lucid and beautiful translation has been loved by generations of readers. Chuang Tzu was a leading philosopher representing the Taoist strain in Chinese thought. Using parable and anecdote, allegory and paradox, he set forth, in the book that bears his name, the early ideas of what was to become the Taoist school. Central to these is the belief that only (...) by understanding Tao and dwelling in its unity can man achieve true happiness and freedom, in both life and death. _Chuang Tzu: Basic Writings_ includes the seven "inner chapters," which form the heart of the book, three of the "outer chapters," and one of the "miscellaneous chapters." Watson also provides an introduction, placing the philosopher in relation to Chinese history and thought. Witty and imaginative, enriched by brilliant imagery, and making sportive use of both mythological and historical personages, this timeless classic is sure to appeal to anyone interested in Chinese religion and culture. (shrink)

The thoughts and writings of this important fifth century B.C. political and social thinker -- and formidable rival of the Confucianists -- are presented here in English translation.

Representative of the Fachia, or Legalist, school of philosophy, the writings of Han Fei Tzu confront the issues of preserving and strengthening the state. His lessons remain timely as scholars continue to examine the nature and use of power. Burton Watson provides a new preface and a helpful introduction.

Compiled by disciples of Confucius in the centuries following his death in 479 B.C.E., _The Analects of Confucius_ is a collection of aphorisms and historical anecdotes embodying the basic values of the Confucian tradition: learning, morality, ritual decorum, and filial piety. Reflecting the model eras of Chinese antiquity, the Analects offers valuable insights into successful governance and the ideal organization of society. Filled with humor and sarcasm, it reads like a casual conversation between teacher and student, emphasizing the role of (...) the individual in the attainment of knowledge and the value of using historical events and people to illuminate moral and political concepts. Confucius's teachings focus on cultural and peaceful pursuits and the characteristics of benevolent and culturally distinguished government. He also discusses ancestor worship and other rites performed for the spirits of the dead. The single most influential philosophical work in all of Chinese history, _The Analects of Confucius_ has shaped the thought and customs of China and neighboring countries for centuries. Burton Watson's concise translation uses the pinyin romanization system and keeps explanatory notes to a minimum, yet his intimate knowledge of the Confucian tradition and precise attention to linguistic detail capture the original text's elegance, cogency, and wit. (shrink)

Thinking about God is historical thinking and that in two senses : the idea of God has a history, and those who think about God think through an historically formed mind. The task of the theologian, is not the attempt to move outside his historicity - such an attempt constitutes a fallacy and not a virtue - but to accept its implications and limitations. Methodologically this means that the theologian must point to the historical perspectives that underlie the idea of (...) God in its development and, in his own constructive thought, must work self-consciously with an historical perspective informed by the psychological and cosmological understanding of his own time. This book centers on that idea which traditionally has been associated with the very godness of God - the idea of divine abso luteness - and puts certain historical, logical, religious and, finally, cosmological questions to it. The roots of that idea lie in Greek thought, which entered Christian theology via the early church fathers; even so, there is much indication, particularly in Patristic trinitarian thought, that the Biblical heritage is pushing theological thinking towards a social or relative concept of divine being (ch. 1). (shrink)

This study examines the use of a video news release in a specific story. Press coverage and editorial criticism in the case showed that journalists do not articulate sufficiently how the news owners' sway, through institutional controls, can lead to a hegemony of expedient action in the newsroom. Critical self-reflection by news workers will better enable journalists to ethically deliberate news choices that balance their responsibilities to owners, peers, and the public.

There is much to admire in John Pittard’s recent book on the epistemology of disagreement. But here we develop one concern about the role that rational insight plays in his project. Pittard develops and defends a view on which a party to peer disagreement can show substantial partiality to his own view, so long as he enjoys even moderate rational insight into the truth of his view or the cogency of his reasoning for his view. Pittard argues that this may (...) happen in ordinary cases of religious disagreement—cases in which it’s a live skeptical possibility that one is misdescribing his insight, or not having insight at all—and therefore one need not be strongly conciliatory even in the face of peer disagreement. Yet Pittard agrees that one should be strongly conciliatory in cases of disagreement involving, e.g., visual perception and dim rational insight, since the sort of fallible, corrigible evidence involved in such cases may be counterbalanced by symmetrical evidence on the part of one’s disagreeing peer. We worry that there’s an inconsistency here. If it’s unreasonable to show partiality to one’s visual experience (or dim rational insight) in cases like “Horse Race” and “Restaurant Check,” it’s likewise unreasonable to show partiality in religious disagreements to one’s moderate rational insight, fallible and corrigible as it is. (shrink)

This is the first detailed study to explore the little-understood notions of "knowing who someone is," "knowing a person's identity," and related locutions. It locates these notions within the context of a general theory of believing and a semantical theory of belief- and knowledge-ascriptions.The books's main contention is that what one knows, when one knows who someone is, is not normally an identity in the numerical sense of "a = b," but rather a certain sort of predication to know who (...) someone is is just to know that that person is F, where "F" is a predicate that is "important," in a technical sense defined by the authors, for the purposes determined by context. Their book offers a rigorous formal semantics for ascriptions of knowing and of knowing-who in particular, solving such well-known problems and paradoxes as Kripke's Puzzle, and Quines difficulties with de re belief, along the way.The authors apply their analysis to each of several important issues in philosophy of language, philosophy of mind, and ethical theory in which the previously unexamined notion of "knowing who" has loomed large-the mechanics of linguistic referring, the foundations of epistemic logic, problems of self-knowledge and self-regarding belief, universalizability and "Golden Rule" arguments in ethics, and moral "personalism" versus "impartialism."Stephen Boër is Professor of Philosophy at the Ohio State University. William Lycan is Professor of Philosophy at the University of North Carolina and author of Logical Form in Natural Language. A Bradford Book. (shrink)

Steven Crowell has been for many years a leading voice in debates on twentieth-century European philosophy. This volume presents thirteen recent essays that together provide a systematic account of the relation between meaningful experience and responsiveness to norms. They argue for a new understanding of the philosophical importance of phenomenology, taking the work of Husserl and Heidegger as exemplary, and introducing a conception of phenomenology broad enough to encompass the practices of both philosophers. Crowell discusses Husserl's analyses of first-person (...) authority, the semantics of conscious experience, the structure of perceptual content, and the embodied subject, and shows how Heidegger's interpretation of the self addresses problems in Husserl's approach to the normative structure of meaning. His volume will be valuable for upper-level students and scholars interested in phenomenological approaches to philosophical questions in both the European and the analytic traditions. (shrink)

An introduction to and critique of the latest trends in critical theory.