What is law? Does it have a purpose? What is its relationship with justice? Do we have a moral duty to obey the law? These sorts of questions lie at the heart of jurisprudence. Moreover, every substantive or 'black letter' branch of the law raises questions about its own meaning and function. The law of contract cannot be properly understood without an appreciation of the concepts of rights and duties. The law of tort is directly related to several economic theories (...) of compensation. The criminal law is inextricably linked to philosophies of punishment? Understanding Jurisprudence explores these problems and provides an engaging introduction to the central issues of legal theory. The book navigates the reader through legal philosophy's fundamental concepts, concerns, and controversies. An experienced teacher of jurisprudence and distinguished writer in the field, Professor Wacks adopts an approach that is easy to follow and understand without avoiding the complexities and subtleties of the subject. Students of law, politics, philosophy, and other social sciences will find this an ideal guide to the essential themes of contemporary jurisprudence. Online Resource Centre A free online resource accompanies the book and provides the following resources: Analysis of current controversies of a jurisprudential nature such as current legal and moral controversies and political debates An additional chapter providing guidance and advice on the study of jurisprudence An interactive glossary of key terms relating to legal theory Further reading, including links to full text journal articles Questions and answers Useful Web links to support learning. (shrink)

Raymond Wacks is Emeritus Professor of Law and Legal Theory at the University of Hong Kong.

What is privacy? Why do we need it and value it so much? This Very Short Introduction examines why privacy has become one of the most important topics in contemporary society. Considering issues of privacy in relation to security, the protection of personal data, and the paparazzi, its implications are wide-ranging and affect us all.

This lively and accessible introduction to the social, moral, and cultural foundations of law takes a broad scope-- spanning philosophy, law, politics, and economics, and discussing a range of topics including women's rights, racism, the environment, and recent international issues such as the war in Iraq and the treatment of terror suspects. Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. Referring (...) to key thinkers from the classical world to the modern, he looks at the central questions behind legal theory that have always fascinated lawyers and philosophers, as well as anyone who ever wondered about law's relation to justice, morality, and democracy. (shrink)

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with (...) clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.Readership: Students of law, philosophy, politics, and social sciences, as well as general readers interested in the foundations of justice and its role in society. (shrink)

Professor Raymond Wacks breaks down the leading theories of justice and illustrates how present-day challenges, like terrorism and migration, affect our fundamental notions of fairness and democratic freedoms.

The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.

The paper addresses the question of judges' moral responsibility in an unjust society. How is the "moral" judge to reconcile his perception of justice with a malevolent law? Upon what grounds might judges, and perhaps other public officials, be held morally responsible for their acts or omissions? Does a positivist approach yield a more satisfactory resolution than a natural law or Dworkinian analysis? Could inclusive positivism offer any clues as to how this quandary might be judiciously resolved?

Artistic Medium Artistic medium is an art critical concept that first arose in 18th century European discourse about art. Medium analysis has historically attempted to identify that out of which works of art and, more generally, art forms are created, in order to better articulate norms or standards by which works of art and art … Continue reading Artistic Medium →.

This book explores how people's subjective, felt experiences of their bodies in action provide part of the fundamental grounding for human cognition and language. Cognition is what occurs when the body engages the physical and cultural world and must be studied in terms of the dynamical interactions between people and the environment. Human language and thought emerge from recurring patterns of embodied activity that constrain ongoing intelligent behavior. We must not assume cognition to be purely internal, symbolic, computational, and disembodied, (...) but seek out the gross and detailed ways that language and thought are inextricably shaped by embodied action. Embodiment and Cognitive Science describes the abundance of empirical evidence from many disciplines, including work on perception, concepts, imagery and reasoning, language and communication, cognitive development, and emotions and consciousness, that support the idea that the mind is embodied. (shrink)

Distinguished French sociologist Raymond Boudon presents here a critical theory history of the concept of ideology. His highly original and lucidly argued study addresses the core question of any account of ideology. How do individuals come to adhere to false or apparently irrational beliefs, and how do such beliefs become collectively accepted as true? Boudon begins by providing an exhaustive and subtle critique of sociological explanations of ideology from early conceptions to its current usage in the works of Barthes, (...) Foucault, Habermas, Sartre, and others. He then offers his own interpretation of the origins and emergence of ideological beliefs. In opposition to those views which associate ideology with irrationalism, Boudon shows that ideologies are a natural ingredient of social life; he develops a rationalist theory that helps to explain why certain ideas are believed by individuals and thereby effective in the social world. Finally, he examines case studies of two modern-day ideologies--developmentalism and Third Worldism. Moving easily across disciplinary boundaries, Boudon's provocative contribution to a subject of growing significance will be of great interest to scholars in sociology and social theory, as well as philosophy, political science, and development studies. (shrink)

Situations in which patients lack medical decision-making (MDM) capacity raise ethical challenges, especially when the patients decline care that their surrogate decision makers and/or clinicians agree is indicated. These patients are a vulnerable population and should receive treatment that is the standard of care, in line with their the values of their authentic self, just as any other patient would. But forcing treatment on patients who refuse it, even though they lack capacity, carries medical and psychological risks to the patients (...) and the hospital staff. It is also often impractical to force some treatments, especially in the long term. For example, independent of the ethical “should” question, how would one force hemodialysis for the rest of a patient’s life, or force a surgery that requires weeks of post-operative physical therapy? In this article we present a novel algorithm that can help clinicians with ethical and practical decision making, with the goals of achieving the best outcomes for patients and reducing moral distress for their caretakers and clinicians. (shrink)

After a century of major technicaladvance, essentially achieved by and for theindustrialized countries, the evolution of thefood sector in southern countries should nolonger be thought of in terms of a ``headlongpursuit.'' In the present context of demographicgrowth, urbanization, poverty and disparities,environmental degradation, and globalization oftrade, new priorities have emerged, and newethical questions have been raised, mainlyrelated to sustainability and equity. Thispaper analyses these ethical concerns in thefollowing terms: can the model of food sectordevelopment initiated by the industrializedcountries be applied to (...) the entire world on asustainable and equitable basis, given theeffects of this development with regard to theenergy consumed, the changes in dietarybehavior and related nutritional problems, thenew demands in terms of food safety, thequestions of biodiversity, ownership ofknowledge, cultural identities, gender issues,and Man's relationship to food and Nature? (shrink)

Cybervetting has become common practice in personnel decision-making processes of organizations. While it represents a quick and inexpensive way of obtaining additional information on employees and applicants, it gives rise to a variety of legal and ethical concerns. To limit companies’ access to personal information, a _right to be forgotten_ has been introduced by the European jurisprudence. By discussing the notion of forgetting from the perspective of French hermeneutic philosopher Paul Ricoeur, the present article demonstrates that both, companies and employees, (...) would be harmed if access to online information on applicants and current employees would be denied. Consistent with a Humanistic Management approach that promotes human dignity and flourishing in the workplace, this article proposes guidance for the responsible handling of unpleasant online memories in personnel decision-making processes, thereby following Ricoeur’s notion of forgetting as “kept in reserve”. Enabling applicants and employees to take a qualified stand on their past is more beneficial to both sides than a right to be forgotten that is questionable in several respects. (shrink)

We have identified a sample of 53 societies outside of the classical Himalayan and Marquesean area that permit polyandrous unions. Our goal is to broadly describe the demographic, social, marital, and economic characteristics of these societies and to evaluate some hypotheses of the causes of polyandry. We demonstrate that although polyandry is rare it is not as rare as commonly believed, is found worldwide, and is most common in egalitarian societies. We also argue that polyandry likely existed during early human (...) history and should be examined from an evolutionary perspective. Our analysis reveals that it may be a predictable response to a high operational sex ratio favoring males and may also be a response to high rates of male mortality and, possibly, male absenteeism. Other factors may contribute, but our within-polyandry sample limits analysis. (shrink)

Facing up to the head -- The secreting head -- Being my head -- The head comes to -- Airhead : breathing and its variations -- Communicating with air -- Enjoying and suffering my head -- Communicating without air -- Notes on the red-cheeked animal : the geology of a blush -- The watchtower -- The sensory room -- Having and using my head -- Head traffic : eating, vomiting and smoking -- Head on head : notes on kissing -- (...) Headgear -- Caretaking my head -- In the wars -- The dwindles -- Knowing (and not knowing) my head -- Head and world -- The thinking head -- Epilogue: Heading off. (shrink)

Grand specialiste de Ficin, Raymond Marcel expose ainsi les principes de son ambitieux programme: 1) resoudre un probleme dans l'evolution de la pensee europeenne, a savoir les relations entre les theologiens medievaux et les philosophes du XVIIe siecle. Ficin l'interesse en sa qualite de " point de repere " entre la philosophie medievale et moderne. Cette biographie est ainsi le travail d'un historien de la philosophie, historien au point de vue religieux, plus precisement thomiste. 2) livrer une introduction essentielle (...) a une serie de textes. Nous pouvons distinguer 2 grandes parties: 1) une introduction d'une centaine de pages " Renaissance et Platonisme " qui rappelle le probleme complexe et meconnu du platonisme dans la pensee occidentale de la Renaissance carolingienne a la moitie du XVe siecle. 2) La seconde partie, qui constitue le cur de l'ouvrage et s'appuie essentiellement sur la correspondance de Ficin, etudie plus specifiquement l'evolution intellectuelle de Ficin et la reception de ses ouvrages dans le contexte du platonisme du XVe siecle: les consequences du concile de Florence sur la pensee florentine, les rapports de Ficin avec Come de Medicis. (shrink)

This book reconstructs the cornerstones of Jesus's moral teachings about how to lead a good, even exemplary, human life. It does so in a way that is compatible with the most prominent, competing versions of the historical Jesus. The work also contrast Jesus' understanding of the best way to lead our lives with that of Friedrich Nietzsche. Both Jesus and Nietzsche were self-consciously moral revolutionaries. Jesus refashioned the imperatives of Jewish law to conform to what he was firmly convinced was (...) the divine will. Nietzsche aspired to transvalue the dominant values of his time in service of a higher vision. The interplay of these radical versions of the good human life, seasoned with critical commentary from the sciences and humanities, opens lines of inquiry that can help us answer that enduring, paramoun t question, "How should we live our lives?". (shrink)

The question of the ethical life is arguably one of the most compelling, and urgent, questions of our time. As Peter Singer, among others, has pointed out, almost 10 million children die each year due to poverty, some of whom would not die if the amount of aid that we now offer increases significantly. As Singer has also pointed out, the exploitation of human beings and other animals is a major ethical and practical concern. There can be little reasonable doubt (...) that pain and suffering abound, in the world today, due to many causes such as poverty, disease, environmental degradation and destruction and anthropocentrism among others, just as there can be little reasonable doubt that some of the pain and suffering is preventable. So, what does it mean to live ethically today? Does it mean taking the point of view of the universe, as Sidgwick put it, memorably, rather than a narrow anthropocentric or speciesist view? Does it mean living in accordance with duties or obligations, or in light of recognised virtues, or with the minimisation of pain and suffering primarily in mind? Does it entail a consideration of the interests of other species and a rejection of the principle of the sanctity of human life? Does it mean not eating animals when other healthy alternatives are available, especially when those animals have been treated in ways that are inconsistent with their interests, whatever they may be? Does it mean taking active steps to reduce poverty on our part on a day to day basis? Is ethics exhausted in some sense today? And if we could reach some consensus on these questions, what difference would the ethical life make? Some argue that speciesism and the exploitation of human beings and other animals might diminish; that pain and suffering, especially gratuitous pain and suffering, would decrease, or at the very least, not increase; or that we will become more aware of the limitations of things such as "the traditional ethic of the sanctity of life", as Singer calls it. Some argue that the ethical life is closely related to a life of relationships, reflection and deliberation, all of which deepen our understanding and enrich us personally. Others argue that the ethical life is closely related to our search for a meaningful life - that the ethical life can help us to find meaning in a world in which "meaning", defined broadly, can seem elusive, enigmatic or unsubstantial. These and related issues and questions are explored in this collection, which illustrates the relevance, vitality and dynamism of ethics today. (shrink)

Artistic Medium Artistic medium is an art critical concept that first arose in 18th century European discourse about art. Medium analysis has historically attempted to identify that out of which works of art and, more generally, art forms are created, in order to better articulate norms or standards by which works of art and art … Continue reading Artistic Medium →.

L'économie, les sciences sociales et la philosophie, utilisent abondamment la notion de rationalité. Indispensable, elle semble insaisissable. Cet ouvrage vise à la clarifier. Mais il poursuit surtout un autre objectif. La difficulté qu'ont les sciences sociales à devenir des sciences à part entière provient de ce qu'elles utilisent généreusement des explications irrationnelles du comportement qui paraissent fragiles. Cela explique le succès croissant depuis une vingtaine d'années, aux États-Unis et en Europe, de la Théorie dite du Choix Rationnel (TCR). Faut-il y (...) voir, comme le prétendent ses promoteurs, une théorie capable de donner aux sciences sociales un fondement solide? Faut-il accepter sa conception utilitariste de la rationalité? L'examen critique de la TCR permet de donner une réponse précise à ces questions et d'identifier un modèle qui préserve ses avantages en éliminant ses inconvénients. Ce n'est donc pas un exposé sur les avatars de la notion de rationalité qui est proposé ici, mais bien une théorie de la rationalité. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reconquest Colonialism and Andalusī Narrative Practice in the Conde LucanorDavid A Wacks (bio)In the tenth century, when Cordova was the richest and most populous city in Europe, and the Umayyad Caliphate was setting the standard for cultural florescence in the Islamic world, a group of Christian nobles in the rocky precincts of northernmost Spain sought to expand their territorial holdings southward, into al-Andalus. Their aim was to unseat (...) Islamic political power on the Iberian Peninsula, and they sought to authorize this project by discrediting Muslim leaders as the usurpers of lands to which the Christians were rightful heirs. In their view, Christian conquests of al-Andalus were the recuperation of lands that, in the eyes of God himself, belonged to them.Spanish culture as we know it today is the product of this medieval frontier society, in which Christians and Muslims—during a span of some 700 years—continuously negotiated a political border that was culturally quite porous. By the middle of the thirteenth century, Christian rulers had gained control of the large majority of the Iberian Peninsula, including the populous and important cities of Cordova and Seville in the south. The Christians who populated these newly conquered lands found themselves in close contact with a sizeable population of Andalusī Muslims (and Jews and Christians) who had remained. The conquering Christians were great consumers of Andalusī culture in general, especially arts and sciences, and even literature. At the same time, they viewed Islam, the dominant religion of al-Andalus, as a purely illegitimate basis for political power and social organization. If the official narrative of Reconquest argues for tidy cultural purity and conformity, the reality on the ground is, in contrast, a messy and emergent pluralism, one that resonates with early modern and modern colonial experiences.1While medievalists have been slower to embrace postcolonial theoretical approaches than their colleagues working on modern and contemporary texts, they have begun to adapt the ideas of thinkers such as Fanon, Memmi, Bhabha, Spivak, and others to medieval European perceptions of and experience in the East.2 However, it is curious [End Page 87] that Hispanists (with what may be the sole exception of David Hanlon) have completely avoided reading the Christian conquest of al-Andalus as a colonial project. Despite the substantial differences between medieval and modern colonialisms as regards political reality, public discourse, and the construction of subjectivity, one may safely argue that the Christian conquests of al-Andalus were a colonial endeavor, one of several studied by historians of medieval Europe.3 The case of medieval Christian Iberian colonialism was distinct from other medieval colonialisms (such as French and English crusading in the Middle East) in that it contributed fundamentally to the formation of a Spanish national identity, and served as a domestic proving ground for the conquest of Spanish territories in the Americas.Don Juan Manuel, author of the Conde Lucanor (1340) [CL],4 was the most powerful nobleman of his time. He held extensive lands in Murcia, which retained a far higher proportion of its preconquest Muslim population than did neighboring Castile and Leon [O’Callaghan, History 459]. While his military and political career depended on eradicating Islam from the Iberian Peninsula, he earned his literary renown—in part—by imitating and incorporating Andalusī narrative tradition and history into his own writings. In Juan Manuel’s adaptation of the frametale genre, the CL, this dissonance between the religious and political agendas of the Reconquest manifests in narrative. If the CL shows us the ideology of the Reconquest, it also offers the reader a reflection of the more complicated and nuanced reality of daily life and human behavior characteristic of Reconquest-era Castile-Leon [Linehan, “At the Spanish Frontier” 53]. In it, Juan Manuel distills the political realities, religious discourse, and cultural interaction of the time into the first original frametale in any European vernacular.5Juan Manuel’s religious agenda and frontier political philosophy come across quite clearly in the 50 exemplos of the CL. The idea of the Christian nobleman’s duty to wage war against Islam permeates the work, most starkly in these words of the Count’s advisor Patronio: “... Dios vos poblo... (shrink)

ISBN 0-7914-3529-6 (hard : alk. paper). — ISBN 0-7914-3530-X (pbk. : alk. paper ) 1. Dewey, John, 1854-1952. I. Title. II. Series: SUNY series in philosophy of education. B945.D4B65 1997 191— dc 21 96-52291 CIP 10 987654321 For Jayne ...

This is a comprehensive study of the English word 'or', and the logical operators variously proposed to present its meaning. Although there are indisputably disjunctive uses of or in English, it is a mistake to suppose that logical disjunction represents its core meaning. 'Or' is descended from the Anglo-Saxon word meaning second, a form which survives in such expressions as "every other day." Its disjunctive uses arise through metalinguistic applications of an intermediate adverbial meaning which is conjunctive rather than disjunctive (...) in character. These conjunctive uses have puzzled philosophers and logicians, and have been discussed extensively under such headings as "free choice permission." This study examines the textbook myths that have clouded our understanding of how or and other "logical" vocabulary comes to have something approaching its logical meaning in natural languages. It considers the various historical conceptions of disjunction and its place in logic from the Stoics to the present day. (shrink)

The American Journal of Bioethics, Volume 12, Issue 9, Page 6-7, September 2012.

Legal information certification and secured storage combined with documents electronic signature are of great interest when digital documents security and conservation are in concern. Therefore, these new and evolving technologies offer powerful abilities, such as identification, authentication and certification. The latter contribute to increase the global security of legal digital archives conservation and access. However, currently used cryptographic and hash coding concepts cannot intrinsically enclose cognitive information about both the signer and the signed content. Indeed, an evolution of these technologies (...) may be necessary to achieve full text researches within hundreds or thousands of electronically signed documents. This article aims at describing a possible model along with associated processes to create and make use of these new electronic signatures called “meaningful electronic signatures” as opposed to traditional electronic signatures based on bit per bit computation. (shrink)

The possibility of a love strong enough to overcome the corruption and violence of the world of film noir is a promise that frequently seduces the protagonist, but it ultimately proves to be illusory—and often fatal. Many film noirs share three major elements with Veronica Mars: a corrupt world in which the story is set; a love interest; and protagonist who becomes obsessed with uncovering the truth whatever the costs. The centerpiece of Veronica Mars's transformation of the film noir paradigm (...) is making the noir detective a teenage girl. In film noir the inhabitants of a corrupt world attempt to free themselves from bad situations but find themselves doomed to fail. One of the most radical and interesting ways in which Veronica Mars reimagines the genre is by reversing the genders between the film noir's protagonist and its femme fatale. (shrink)

The disease of love appears in an unbroken chain of medical treatises stretching from sixth-century Byzantium through the Middle Ages to post-Renaissance Western Europe. Lovesickness, known variously as amor eros, amor heros, or amor hereos in medieval Latin medical texts, has attracted the attention of literary scholars because many of its symptoms correspond to conventional signs of love in medieval literature. According to George Lyman Kittredge, “What to the physician were symptoms … became, in the chivalric system, duties — ideals (...) of emotion which the true lover must live up to, and which the hypocrite takes pains to counterfeit.” In the late thirteenth century the Catalan physician Arnald of Villanova explicitly compared the disease of love and feudal service in his Tractatus de amore heroico. He claimed that this love “is called heroic as though lordly , not only because it befalls lords, but also either because it dominates, subjugating the soul and ruling a man's heart, or because the acts of such lovers toward the desired object are similar to the acts of servants toward their lords.”. (shrink)

In saying that meaning is a physiognomy, Wittgenstein invokes a philosophical tradition of critical physiognomy, one that developed in opposition to a scientific physiognomy. The form of a critical physiognomic judgment is one of reasoning that is circular and dynamic, grasping intention, thoughts, and emotions in seeing the expressive movements of bodies in action. In identifying our capacities for meaning with our capacities for physiognomic perception, Wittgenstein develops an understanding of perception and meaning as oriented and structured by our shared (...) practical concerns and needs. For Wittgenstein, critical physiognomy is both fundamental for any meaningful interaction with others and a capacity we cultivate, and so expressive of taste in actions and ways of living. In recognizing how fundamental our capacity for physiognomic perception is to our form of life Wittgenstein inherits and radicalizes a tradition of critical physiognomy that stretches back to Kant and Lessing. Aesthetic experiences such as painting, poetry, and movies can be vital to the cultivation of taste in actions and in ways of living. (shrink)

Raymond Geuss has been a distinctive contributor to the analysis and evaluation of German philosophy and to recent debates in ethics. In this new collection he treats a variety of topics in ethics, aesthetics, and the philosophy of history with special reference to the work of Hegel, Nietzsche, and Adorno. Two of the essays in the volume deal with central aspects of the philosophy of Nietzsche. The collection also contains an essay on the history of conceptions of 'culture' and (...) one on the ethics of Ernst Tugendhat. The remaining three essays focus on questions in aesthetics. The volume will be of interest to students of modern philosophy, German intellectual and cultural history, and literary theory. (shrink)

The relationship between sociology and bioethics has been an uneasy one. It has been described as contentious and adversarial, and at least some of the sociologists who have ventured into the territory of medical ethics report back on unfriendly natives. This bioethical ill will toward sociology is not without cause. Sociologists have been quite critical of what they call (with not-so-subtle pejorative overtones) the bioethical project.Two decades ago - when bioethics was just getting up on its organizational feet - Renée (...) Fox and Judith Swazey leveled the charge of cultural myopia against bioethics, noting that this myopia generally manifests itself in the form of systematic inattention to the social and cultural sources and implications of its own thought. They go on to sayifbioethics is an indicator of the general state of American ideas, values, and beliefs, of our collective self knowledge, and our understanding of other societies and cultures - then there is every reason to be worried about who we are, what we have become, and where we are going. (shrink)

Cognitive theories of metaphor understanding are typically described in terms of the mappings between different kinds of abstract, schematic, disembodied knowledge. My claim in this paper is that part of our ability to make sense of metaphorical language, both individual utterances and extended narratives, resides in the automatic construction of a simulation whereby we imagine performing the bodily actions referred to in the language. Thus, understanding metaphorical expressions like ‘grasp a concept’ or ‘get over’ an emotion involve simulating what it (...) must be like to engage in these specific activities, even though these actions are, strictly speaking, impossible to physically perform. This process of building a simulation, one that is fundamentally embodied in being constrained by past and present bodily experiences, has specific consequences for how verbal metaphors are understood, and how cognitive scientists, more generally, characterize the nature of metaphorical language and thought. (shrink)