Carl Schmitt was arrested by the Russians in Berlin in April 1945, interrogated and released. In September 1945 he was arrested by the Americans and held in internment camps until March 1947, when he was brought to Nuremberg as a potential defendant in the War Crimes Trials. Although he was released in a matter of weeks without being charged, this episode has created further suspicion about Schmitt's role in the Third Reich. Without oversimplifying the complexity of the question, since everything (...) about this enigmatic jurist and political thinker defies simple or even concise explanation, the decision to interrogate him at Nuremberg was largely due to the infamous reputation he had acquired abroad. (shrink)

Dyzenhaus' work can best be described as advocacy scholarship. Both the spirit and content of this book reflect its author's passionate commitment and argumentative approach. It is part scholarly analysis and part political prescription, synthesized in such a way that occasionally it is difficult to distinguish one from the other. Dyzenhaus embraces Gramsci's position that “philosophies of law and politics are . . . elaborations and justification of packages of political commitments” (p. 5). He also adopts the “integrative jurisprudence” of (...) Harold J. Berman that connects “politics, morality and history” by having his “arguments move between exposition of the particular…. (shrink)

2007 marks the sixtieth anniversary of Carl Schmitt's interrogations at Nuremberg. It has also been twenty years since Telos published the transcripts of what was presumed to be the complete three interrogations of him conducted by the prosecutor Robert M. W. Kempner in April 1947.1 Through the vicissitudes of research, these historical and scholarly milestones have coincided with the discovery of new archival documentation on Schmitt and Nuremberg. Among the most surprising of these new discoveries is the transcript of a (...) “fourth” interrogation of Schmitt that occurred on April 11, 1947, which apparently even Kempner had forgotten.2 The uncovering of…. (shrink)

Carl Schmitt has been depicted long and inaccurately as one of Weimar's foremost conservative revolutionaries. In the early literature he was not merely categorized as a thinker belonging to that “motley” group of writers associated with the conservative revolution; he was identified directly with neo-romanticism, irrationalism, völkisch thinking, and the call for a vague “national revolution.” He was associated with Oswald Spengler, Moeller van den Bruck, and Ernst Jünger. Even George Mosse described Schmitt as a leading “spokesman for the general (...) consensus of ‘German revolutionaries', “ whose movement was founded upon völkisch ideology. Mosse went so far as to assert that Schmitt viewed die Volk in racial terms, diat he was nothing less man an advocate of die dieory of me “Aryan race” as the “common denominator.”. (shrink)

ExcerptGeorge David Schwab, Odyssey of a Child Survivor: From Latvia through the Camps to the United States, 2021. Pp. 299.*.

ExcerptA keynote speaker at the German Studies Association Conference in October 2013 was the renowned historian David Blackbourn, who—together with Geoff Eley—had originally made his reputation by challenging the well-entrenched Sonderweg interpretation of the course of modern German historical development. His keynote address, however, had the far less intellectually lofty, and certainly more humorous, title “Honey, I Shrunk German History.”1.

For decades an array of scholars read Carl Schmitt's publications not only to understand his concepts and arguments but also to extrapolate from them the essence of his character and motivation. What was thereby surmised about the man was then, in turn, utilized in interpreting those very works. The result has been a half-century of diametrically opposed perspectives and claims whose contradictory nature greatly exceeded anything found among the scholarship of comparable controversial figures, such as Ernst Jünger and Martin Heidegger. (...) The gradual availability of parts of Schmitt's papers over the past decade definitely widened the evidentiary basis for such…. (shrink)

ExcerptIn its conceptualization, research, and nuanced analyses, this book goes far beyond being merely yet another monographic contribution to the extensive literature on postwar Germany and Jewish Holocaust survivors. Focusing on the “interactions, encounters, and confrontations” (5) among Jewish survivors and refugees, defeated Germans, and occupying forces, Atina Grossmann provides a gender-oriented social history replete with contradictions, struggling memories and narratives, and “overlapping and fluid identities.” In doing so, she explicitly challenges what she perceives as an “undifferentiated” history distorted by (...) the inception of the Cold War and a predominant “Zionist-inspired narrative” (5) as well as by those studies emphasizing…. (shrink)

Theories of discourse bring to realism new ideas about how knowledge develops and how representations of reality are influenced. We gain an understanding of the conceptual aspect of social life and the processes by which meaning is produced. This collection reflects the growing interest realist critics have shown towards forms of discourse theory and deconstruction. The diverse range of contributions address such issues as the work of Derrida and deconstruction, discourse theory, Eurocentrism and poststructuralism. What unites all of the contributions (...) is a sense that it is essential to provide a realist alternative to the hitherto dominance of social constructionism, hermeneutics and postmodernism, over many of the issues discussed. By developing a realist perspective the different authors attempt to embed discourse within the structured nature of the reality of the world. Realism can situate language, discourse and ideology within context specific, or 'causally efficacious' circumstances. Realism can help to uncover issues of power, representation, and subjectivity and how discursive and other social practices produce real effects. This can help us understand the manner in which social structures are reproduced through various forms of ideology and discourse. And by knowing this, we can start to address questions concerning human emancipation and how the world is to be transformed. (shrink)

Topics covered in Discrete Mathematics have become essential tools in many areas of studies in recent years. This is primarily due to the revolution in technology, communications, and cyber security. The book treats major themes in a typical introductory modern Discrete Mathematics course: Propositional and predicate logic, proof techniques, set theory (including Boolean algebra, functions and relations), introduction to number theory, combinatorics and graph theory. An accessible, precise, and comprehensive approach is adopted in the treatment of each topic. The ability (...) of abstract thinking and the art of writing valid arguments are emphasized through detailed proof of (almost) every result. Developing the ability to think abstractly and roguishly is key in any areas of science, information technology and engineering. Every result presented in the book is followed by examples and applications to consolidate its comprehension. The hope is that the reader ends up developing both the abstract reasoning as well as acquiring practical skills. All efforts are made to write the book at a level accessible to first-year students and to present each topic in a way that facilitates self-directed learning. Each chapter starts with basic concepts of the subject at hand and progresses gradually to cover more ground on the subject. Chapters are divided into sections and subsections to facilitate readings. Each section ends with its own carefully chosen set of practice exercises to reenforce comprehension and to challenge and stimulate readers. As an introduction to Discrete Mathematics, the book is written with the smallest set of prerequisites possible. Familiarity with basic mathematical concepts (usually acquired in high school) is sufficient for most chapters. However, some mathematical maturity comes in handy to grasp some harder concepts presented in the book. (shrink)

8.3 The consistency proof -- 8.4 Applications of the consistency proof -- 8.5 Second-order arithmetic -- Problems -- Chapter 9: Set Theory -- 9.1 Axioms for sets -- 9.2 Development of set theory -- 9.3 Ordinals -- 9.4 Cardinals -- 9.5 Interpretations of set theory -- 9.6 Constructible sets -- 9.7 The axiom of constructibility -- 9.8 Forcing -- 9.9 The independence proofs -- 9.10 Large cardinals -- Problems -- Appendix The Word Problem -- Index.

Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...

This lucidly written book examines the social and political significance of the natural sciences through a detailed and original account of science as an interpretive social practice.

Jennifer Hornsby has defended the Reasons-Knowledge Thesis : the claim that \-ing because p requires knowing that p, where the ‘because’ at issue is a rationalising ‘because’. She defends by appeal to the thought that it provides the best explanation of why the subject in a certain sort of Gettier case fails to be in a position to \ because p. Dustin Locke and, separately, Nick Hughes, present some modified barn-façade cases which seem to constitute counterexamples to and undermine Hornsby’s (...) way of motivating it by rendering their alternative Reasons-Explanation Thesis a better explanation of Hornsby’s datum. This paper defends and Hornsby’s argument for it against those objections. First, I point out that their supposedly intuitive verdict about the relevant barn-façade cases is not as intuitive as they think. Second, I point out that even if we share the intuition: we have strong reason to doubt the verdict anyway. And finally, I point out that since is independently implausible, the two problems can be tackled anyway. (shrink)

According to standard comparativist views, death is bad insofar as it deprives someone of goods she would otherwise have had. In The Ethics of Killing, Jeff McMahan argues against such views and in favor of a gradualist account according to which how bad it is to die is a function of both the future goods of which the decedent is deprived and her cognitive development when she dies. Comparativists and gradualists therefore disagree about how bad it is to die at (...) different ages. In this paper I examine two prominent criticisms of gradualism and show that both misconstrue McMahan. I develop a related criticism that seems to show that a gradualist cannot coherently relate morbidity and mortality. This criticism also fails, but has an instructive implication for how policy-makers setting priorities for health care investments should regard choices between life-saving interventions and interventions against non-fatal diseases in the very young. (shrink)

Over the last few decades, multiple studies have examined the understanding of participants in clinical research. They show variable and often poor understanding of key elements of disclosure, such as expected risks and the experimental nature of treatments. Did the participants in these studies give valid consent? According to the standard view of informed consent they did not. The standard view holds that the recipient of consent has a duty to disclose certain information to the profferer of consent because valid (...) consent requires that information to be understood. The contents of the understanding and disclosure requirements are therefore conceptually linked. In this paper, we argue that the standard view is mistaken. The disclosure and understanding requirements have distinct grounds tied to two different ways in which a token of consent can be rendered invalid. Analysis of these grounds allows us to derive the contents of the two requirements. It also implies that it is sometimes permissible to enroll willing participants who have not understood everything that they ought to be told about their clinical trials. (shrink)

To attribute confusion to someone is to take up a paternalistic stance in evaluating his reasoning.

The Practice of Value explores the nature of value and its relation to the social and historical conditions under which human agents live. At the core of the book are the Tanner Lectures delivered at Berkeley in 2001 by Joseph Raz, who has been one of the leading figures in moral and legal philosophy since the 1970's. Raz argues that values depend importantly on social practices, but that we can make sense of this dependence without falling back on cultural (...) relativism. In response, three eminent philosophers, Christine Korsgaard, Robert Pippin, and Bernard Williams, offer their own distinctive reflections on the connections between value and practice. The book begins with an introduction by Jay Wallace, setting the scene for what follows, and ends with a response from Raz to his commentators. The result is a fascinating debate, accessible to readers throughout and beyond philosophy, about the relations between human values and human life. (shrink)

Introduction -- Instrumental rationality -- Social order -- Deontic constraint -- Intentional states -- Preference noncognitivism -- A naturalistic perspective -- Transcendental necessity -- Weakness of will -- Normative ethics.

We argue that there is a conflict among classical theism's commitments to divine simplicity, divine creative freedom, and omniscience. We start by defining key terms for the debate related to classical theism. Then we articulate a new argument, the Aloneness Argument, aiming to establish a conflict among these attributes. In broad outline, the argument proceeds as follows. Under classical theism, it's possible that God exists without anything apart from Him. Any knowledge God has in such a world would be wholly (...) intrinsic. But there are contingent truths in every world, including the world in which God exists alone. So, it's possible that God contingently has wholly intrinsic knowledge. But whatever is contingent and wholly intrinsic is an accident. So, God possibly has an accident. This is incompatible with classical theism. Finally, we consider and rebut several objections. (shrink)

This is a new edition of Joseph Fletcher's 1966 work that ignited a firestorm of controversy at the time of its publication.

Back to the Rough Ground is a philosophical investigation of practical knowledge, with major import for professional practice and the ethical life in modern society. Its purpose is to clarify the kind of knowledge that informs good practice in a range of disciplines such as education, psychotherapy, medicine, management, and law. Through reflection on key modern thinkers who have revived cardinal insights of Aristotle, and a sustained engagement with the Philosopher himself, it presents a radical challenge to the scientistic assumptions (...) that have dominated how these professional domains have been conceived, practiced, and institutionalized. (shrink)

CONTEMPORARY ISSUES IN BUSINESS ETHICS, 6E introduces readers to business ethics by focusing on the influence of market mechanisms and social values on workplace norms. And because business is increasingly a global enterprise, this edition emphasizes the role of ethics both at home and abroad.

A good therapeutic relationship in mental health services is a predictor of positive clinical outcomes for people who seek help for distressing experiences, such as voice hearing and paranoia. One factor that may affect the quality of the therapeutic relationship and raises further ethical issues is the impact of the clinical encounter on users’ sense of self, and in particular on their sense of agency. In the paper, we discuss some of the reasons why the sense of epistemic agency may (...) be especially fragile in young people with unusual experiences and beliefs. We argue that it is important to identify and avoid behaviours that can undermine young people’s contributions as epistemic agents in the clinical encounter. (shrink)

The point of Hegel's dissatisfaction with Kant -- Rethinking Peirce's fallibilism -- Pragmatism's future : a touch of prophecy.

Joseph Margolis, known for his considerable contributions to the philosophy of art and aesthetics, pragmatism, and American philosophy, has focused primarily on the troublesome concepts of culture, history, language, agency, art, interpretation, and the human person or self. For Margolis, the signal problem has always been the same: how can we distinguish between physical nature and human culture? How do these realms relate? _The Cultural Space of the Arts and the Infelicities of Reductionism_ identifies a conceptual tendency that can (...) be drawn from the work of the twentieth century's best-known analytic philosophers of art: Arthur Danto, Richard Wollheim, Kendall Walton, Nelson Goodman, Monroe Beardsley, Noël Carroll, and Jerrold Levinson, among others. This trend threatens to impoverish our grasp and appreciation of the arts by failing to do justice to the culturally informed nature of the arts themselves. Through his analysis, Margolis sets out to retrieve an adequate picture of the essential differences between physical nature and human culture—particularly through language, history, meaning, significance, the emergence of the human self or person, and the essential features of human life—all to explain how such difference bears on our perception of paintings and literature. Clearly argued and provocatively engaging, Margolis's work reestablishes what is essential to a productive encounter with art. (shrink)