The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

A Teacher's Manual for this book will be available online at www.temple.edu/tempress.

The _Analects_ is a compendium of the sayings of Confucius (551-479 b.c.e.), transcribed and passed down by his disciples. How it came to be transformed by Zhu Xi (1130-1200) into one of the most philosophically significant texts in the Confucian tradition is the subject of this book. Scholarly attention in China had long been devoted to the _Analects._ By the time of Zhu Xi, a rich history of commentary had grown up around it. But Zhu, claiming that the _Analects_ was (...) one of the authoritative texts in the canon and should be read before all others, gave it a still more privileged status in the tradition. He spent decades preparing an extended interlinear commentary on it. Sustained by a newer, more elaborate language of metaphysics, Zhu's commentary on the _Analects_ marked a significant shift in the philosophical orientation of Confucianism--a shift that redefined the Confucian tradition for the next eight centuries, not only in China, but in Japan and Korea well. Gardner's translations and analysis of Zhu Xi's commentary on the _Analects_ show one of China's great thinkers in an interesting and complex act of philosophical negotiation. Through an interlinear, line-by-line "dialogue" with Confucius, Zhu effected a reconciliation of the teachings of the Master, commentary by later exegetes, and contemporary philosophical concerns of Song-dynasty scholars. By comparing Zhu's reading of the _Analects_ with the earlier standard reading by He Yan (190-249), Gardner illuminates what is dramatically new in Zhu Xi's interpretation of the _Analects._ A pioneering study of Zhu Xi's reading of the _Analects,_ this book demonstrates how commentary is both informed by a text and informs future readings, and highlights the importance of interlinear commentary as a genre in Chinese philosophy. (shrink)

A noted author defends his personal attitudes toward the fundamental issues of classical philosophy, discussing the awesome mystery surrounding science and life and explaining why he considers himself a theist.

This book questions the value of the concept of 'agency', a term used in sociological and philosophical literature to refer to individual free will in archaeology. On the one hand it has been argued that previous generations of archaeologists, in explaining social change in terms of structural or environmental conditions, have lost sight of the 'real people' and reduced them to passive cultural pawns, on the other, introducing the concept of agency to counteract this can be said to perpetuate a (...) modern, Western view of the autonomous individual who is free from social constraints. This book discusses the balance between these two opposites, using a range of archaeological and historical case studies, including European and Asian prehistory, classical Greece and Rome, the Inka and other Andean cultures. While focusing on the relevance of 'agency' theory to archaeological interpretation and using it to create more diverse and open-ended accounts of ancient cultures, the authors also address the contemporary political and ethical implications of what is essentially a debate about the definition of human nature. (shrink)

This chapter defends a deontological approach to both the non-identity problem and what is referred to as the “inconsequentiality problem.” Both problems arise in cases where, although the actions of presently living people appear to have harmful consequences for future people, it is difficult to explain why there are moral reasons against such actions. The deontological response to both problems appeals to a distinction between causal and non-causal consequences. By acknowledging the moral importance of such a distinction, deontologists can vindicate (...) the judgment that, collectively and individually, we have harm-based reasons against bringing about bad consequences for future people. (shrink)

Author: Dembowski Bronisław Title: ABOUT PROFESSOR WŁADYSŁAW TATARKIEWICZ. MEMOIRS OF A PUPIL (O profesorze Władysławie Tatarkiewiczu (1886–1980). Wspomnienia ucznia) Source: Filo-Sofija year: 2011, vol:.13/14, number: 2011/2-3, pages: 433-450 Keywords: WŁADYSŁAW TATARKIEWICZ, MEMOIRS OF THE PUPIL Discipline: PHILOSOPHY Language: POLISH Document type: ARTICLE Publication order reference (Primary author’s office address): E-mail: www:In the context of his biography, the author presents memoirs about Tatarkiewicz. From the early years after World War II, he shows Tatarkiewicz’s work in Warsaw University, his philosophical seminar and (...) his firing from the University. He also describes further fortune of Tatarkiewicz’s pupils (mostly Marxists and others) in their academic career and personal life. (shrink)

This article seeks to trace the origins of the requirement that a squatter must have an intention to possess (animus possidendi) in order to establish title by adverse possession. The requirement has been confirmed by the House of Lords in the recent case of Pye (Oxford) Ltd v Graham [2003] 1 AC 419. Its origins can readily be traced back to the decision of the Court of Appeal in Littledale v Liverpool College [1900] 1 Ch 19, but there is little (...) evidence of any need for intention before that case, and no convincing authority is cited for it. Possible explanations for the source of this requirement are considered by the article (for instance cases on re-entry by landlords and the so-called ‘found chattel’ cases), but these are ultimately rejected. The article goes on to suggest that the reason for this is that the intention requirement was ‘imported’ into English law from German Pandectist writers of the nineteenth century. It suggests that Littledale was the case in which this happened. It seeks to support this hypothesis by reference to biographical details of Lindley MR, who gave the leading judgment in Littledale, and who not only trained in part in Germany but also took an active interest in German scholarship of the time. A brief survey of the relevant German sources is undertaken, focusing primarily on the work of Savigny, but also considering the rival theory of Jhering. Finally, it tracks the development and refinement of the content of animus possidendi, first by 19th century legal scholars and then by 20th century judges, to make it ‘fit’ with English property law. It seeks to address the question of whether the animus possidendi requirement is a free-standing element (the ‘strong’ will theory), or whether it is simply implied from the acts of the squatter (the ‘weak’ will theory), and suggests a solution by reference to the German sources and later English cases. Finally, it considers how the House of Lords decision in Pye reflects the logical culmination of the acceptance of this ‘legal transplant’ into the common law. (shrink)

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

Prominent consumer depression manuals issued in recent years circulate a standard depression script as scientific knowledge. The script, asserting that a broad spectrum of depressions are brain illnesses that require antidepressant treatment, is in fact highly contested among researchers. This paper reviews the logical problematics of these manuals, and how such discourse promotes the diagnosis and pharmaceutical treatment of behaviors ranging from mild symptoms to severe depression. In keeping with the trends of pharmaceutical advertising and State health policy, these manuals (...) encourage consumers to self-scrutinize risky behavior, and to treat common behavioral and mood distresses with antidepressants. Ultimately, these activities of self-management function to produce a more productive citizen population. (shrink)

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Current philosophical literature is saturated with the debate on biomedical enhancement, where bio-liberals and conservatives alike make compelling arguments for and against the enterprise. However, this literature is yet to consider the impact such enhancement would have on the individual’s actual lived experience. This article seeks to remedy that by situating the bioethics debate within the phenomenology of Maurice Merleau-Ponty, specifically theorising how biomedical enhancement of the physical kind would impact Merleau-Ponty’s notion of the body-subject. The central issue arises when (...) the reciprocal relationship between the physical body and phenomenal world (termed “body/world dynamic”) is shown to be off-balance because of the rapid rate at which human beings continue to “enhance” their environment. In this, we see that the development of the world has outweighed that of the body to the extent that we, as body-subjects, have become maladapted to the place we call home. This article will suggest that we can attempt to resolve this by restoring the balance of the body/world dynamic with “restrictive” enhancement, thereby providing an ethical justification for the pursuit of the enterprise. (shrink)

There is a moment when every child leaves color-blindness behind & enters the world of race consciousness. At that moment, there are two roads parents, educators, & therapists can take: they can follow the status quo, internalizing racial expectations, & become-consciously or unconciously-part of the problem. Or, they can question stereotypes, &, actively work against racism to become part of the solution. This book provides the tools we all need to become part of the solution. Beginning with racial segregation in (...) an integrated school situation, this book explores race relations & the development of racial identity from many different viewpoints. (shrink)

With the rise of place-based models of education, credence needs to be given to epistemological traditions that curate individual understandings of and relations to the social world (i.e., places). The epistemological traditions that have been shared across generations of North American settler colonialists are at the center of this article. The dominant epistemology of settler society provides racialized, anthropocentric, and capitalistic understandings of places. Relations to place are cultivated through particular conceptions of nature, private property, and personhood, which remain at (...) the epistemic foundation of Western society. These conceptions are concomitant to modes of domination like white supremacy and settler colonialism, and ultimately constitute an ideal white male settler actor. This article suggests that place-based education carries the potential to offer epistemic resistance to domination, but first needs to engage in a more comprehensive understanding of settler traditions of place. (shrink)

Sartre’s discussion of «being-with-others» in Part Three of Being and Nothingness is extraordinarily rich and highly original. At its core, I argue, lies an insight into the aporetic character of intersubjectivity – «the scandal of the plurality of consciousnesses», as Sartre puts it – which emerges most clearly in his critique of Hegel’s theory of intersubjectivity. My aim in this paper is to isolate this thesis of Sartre’s and spell out his grounds for it. I argue furthermore that Hegel’s conception (...) of intersubjectivity corresponds to that of natural consciousness, such that, in rejecting Hegel, Sartre is also impugning the reality of a conception integral to ordinary thought. I suggest that Sartre’s insight also holds the key to his distinctive approach to social and political theory in the Critique of Dialectical Reason. (shrink)

Galenosphere is an environment of silence. The paper addresses the issue of the essence and significance of galenosphere. To this end, it presents the structure and functioning of galenosphere, i.e. its two crucial components. Moreover, the structure of galenosphere includes static and dynamic elements. The latter determine the functioning of this type of environment. Eight most important sectors that affect the operation of galenosphere were identified. Some of them (the culture of language, noise elimination, creating an environment promoting silence and (...) a prayer for silence) contribute to the emergence of a structured environment of silence, whereas others (positive attitude towards calming down, concentration of the mind and emotions, inner concentration and the ability to be silent) constitute components which directly participate in the formation of an environment of silence. A structured environment of silence is the most effective in operation. The paper points out various advantages offered to the human being by a structured galenosphere. The most significant ones include: successful self-improvement, improvement of spoken and written language skills, effective pedagogic activities, establishing good relationships with other people and getting a deeper insight into the sense of life. The discussion leads to the conclusion that the human being should be provided with optimal working conditions and conditions for development in various areas by the formation of a structured galenosphere (in the family, at school, in the office, etc.). (shrink)

This paper is concerned with the issue of public opinion considered from two points of view: ethical and educational. It has been inspired by the insufficient knowledge of society about public opinion as well as the gullibility of the general public as regards the acceptance of the results of public opinion polls. Therefore, the ethical and educational dimension of this phenomenon are not recognized, which results in a severe lack of research and publications on the topic. The paper consists of (...) three parts. The first part introduces basic facts about public opinion and its major mechanisms. The second one deals with the phenomenon of public opinion as an ethical problem, while the third one is devoted to the problem of education aimed at the development of mature perception of public opinion and active participation in the process. The problem of public opinion is treated as an important and urgent task for ethicists and teachers. This seems relevant as an increasing influence of public opinion on both individuals and a whole society is observed in various areas, including politics, economy, culture and trade. Public opinion also affects an information order, which is of significance to the state and its citizens in the light of the emergence of a communication society. (shrink)

The paper presents the structure and functioning of mediosphere and then discusses it in the context of ethics. It is a phenomenon which belongs to the domain of environment, and therefore exhibits a high level of effectiveness. Mediosphere is an environment generated by the media which are used by people. The human being is the most important element of this environment and influences it in a peculiar way. Hence, each mediosphere is different. The structure and functioning of mediosphere is affected (...) by its layers, namely logosphere, iconosphere, sonosphere, and galenosphere. A consequence of the ‘environmental’ nature of mediosphere is that negative effects of particular phenomena pertaining to the activity of the media are cumulated. Therefore, the ethical aspects of mediosphere are very important and topical. Reflections on this facet of mediosphere may prove useful for both people involved in the media and teachers, whose task, among others, is to prepare students for an adequate reception of what is offered by the press, radio, television, and the Internet. The discussion includes reference to examples of studies by those Western authors who propose practical guidelines and precautionary measures to prevent violation of ethical principles in the functioning of mediosphere. (shrink)

This paper is concerned with the attitude of communication society towards the layer of ethical values. Contrary to what constitutes information society, the conception of communication society is based on the credibility of information, which is a significant component of human communication, and social bonds, which are the basis for any communication. Therefore, it is hypothesized that logosphere, which is the environment of the word, can effectively influence the ethical foundations of communication society and contribute to the development of such (...) society. The chief asset of logosphere is based on its properties: the primacy of the word, dialogicity, and its environmental character. Owing to these features logosphere can positively affect the ethical layer of communication society, provided it constitutes an arranged environment of the word. (shrink)