The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing (...) the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas. (shrink)

Professor Ernest Weinrib has argued that restitutionary damages must be understood, not as a deterrent to wrongful conduct, but as a requirement of commutative Justice. Professor Gordley agrees, but claims that a purposive understanding of commutative Justice can shed more light on restitutionary damages than the formal understanding of Professor Weinrib. A purposive understanding enables us to distinguish appropriation of a right from mere inteference, to distinguish true restitutionary damages from damages in lieu of a forced sale or hold-up; (...) and to explain why, normally, it should not matter whether the defendant acted wilfully or innocently. (shrink)

The book is an intellectual history of the work of Western jurists from ancient Rome to the present. It discusses the Roman jurists, the medieval civilians and canon lawyers, the late scholastics, the natural law schools of the 17th and 18th centuries, the positivism and conceptualism of the 19th century and its influence on common law, and the reaction against conceptualism since the late 19th century. Rarely have jurists worked alone. Rather, they have worked in schools, each of which pursued (...) a different project. The projects of the jurists had one element in common: they were attempts to understand and explain the law. Commitment to that project defines the work of a jurist and distinguishes it from the work of others who take part in fashioning and applying the law. Yet the project of each school of jurists had goals and methods of its own. By identifying them, this study shows how the jurists themselves understood their work and how these goals and methods shaped and limited what each school could achieve. (shrink)

How (Not) to Be Secular is what Jamie Smith calls "your hitchhiker's guide to the present" -- it is both a reading guide to Charles Taylor's monumental work A Secular Age and philosophical guidance on how we might learn to live in our times. Taylor's landmark book A Secular Age (2007) provides a monumental, incisive analysis of what it means to live in the post-Christian present -- a pluralist world of competing beliefs and growing unbelief. Jamie Smith's book is a (...) compact field guide to Taylor's insightful study of the secular, making that very significant but daunting work accessible to a wide array of readers. Even more, though, Smith's How (Not) to Be Secular is a practical philosophical guidebook, a kind of how-to manual on how to live in our secular age. It ultimately offers us an adventure in self-understanding and maps out a way to get our bearings in today's secular culture, no matter who "we" are -- whether believers or skeptics, devout or doubting, self-assured or puzzled and confused. This is a book for any thinking person to chew on. (shrink)

The Gifford Lectures were established in 1885 at the universities of St Andrews, Glasgow, Aberdeen and Edinburgh to promote the discussion of 'Natural Theology in the widest sense of the term - in other words, the knowledge of God', and some of the world's most influential thinkers have delivered them. The 1901–2 lectures given in Edinburgh by American philosopher William James are considered by many to be the greatest in the series. The lectures were published in book form in (...) 1902 and have been reprinted many times. James, who was educated in the United States and Europe, and spent much of his career teaching philosophy at Harvard, was very influential in the development of modern psychology, and in these twenty lectures he explores the personal experience of religion. Some of the topics include religion and neurology, 'the sick soul', saintliness, and mysticism. (shrink)

Hubert Dreyfus has argued that cases of absorbed bodily coping show that there is no room for self-awareness in flow experiences of experts. In this paper, I argue against Dreyfus’ maxim of vanishing self-awareness by suggesting that awareness of agency is present in expert bodily action. First, I discuss the phenomenon of absorbed bodily coping by discussing flow experiences involved in expert bodily action: merging into the flow; immersion in the flow; emergence out of flow. I argue against the claim (...) that flow experience does not involve an awareness of agency for each of these features, while conceding that fluent agency does not involve self-awareness in the thetic sense. I challenge the assumption that the awareness of fluent agency must be understood in terms of a thetic awareness of agency. Instead, I develop an Anscombean account of the awareness of fluent agency in terms of the phenomenal character of knowing one’s aims. I respond to the challenge that if an Anscombean account of the awareness of agency is to succeed, then agents must be able to answer Anscombean questions. I consider the objection that awareness of agency is not a form of self-awareness by outlining an account of self-awareness as self-synthesis that is distinct from self-perception and self-ascription, but which makes room for self-awareness in expert bodily action. (shrink)

This paper uses a declarative mapping sentence approach to explore and amend design thinking - a project development and management technique recently disseminated in Africa. We contend that there are problems in the manner in which design thinking has been exported to Africa, namely, that design thinking is rooted in the linear, binary, human-centric systems present in Western philosophy and that the exportation of design thinking is potentially neo-colonial. We, therefore, attempt to ameliorate these difficulties by decoupling design thinking from (...) its Western philosophical perspectives. We will also seek to broaden the understanding of design thinking by adopting the more communitarian perspective found in philosophy that has been developed in Africa. The amended form of design thinking we present considers the user’s existential paradigms and facilitates a flexible and reflexive process void of deliberate finality. Furthermore, we claim that amending design thinking’s philosophical foundations to incorporate a communitarian perspective has the potential to make design thinking more ecologically-centric. (shrink)

Do Quine and Carnap distort the social nature of inquiry by privileging individual epistemic subjects? This objection is at the heart of Donald Davidson’s claim that Quine fails to grasp the significance of the concept of truth. In Carnap’s case, the objection may be detected in Charles Morris’s call to ground scientific philosophy in semiotics, the science of signs, rather than syntax, the formal investigation of languages. Drawing out the challenge from Morris’s proposal requires examining a neglected influence on this (...) neglected philosopher: his advisor George Herbert Mead’s social theory of mind. I argue that Morris and Davidson can both be understood as demanding that scientific philosophers socialize their conception of objectivity. (shrink)

One of the most influential men of his time, philosopher, psychologist, educator, and author William James (1842-1910) helped lead the transition from a predominantly European-centered nineteenth-century philosophy to a new "pragmatic" American philosophy. Helping to pave the way was his seminal book Pragmatism (1907), in which he included a chapter on "Truth," an essay which provoked severe criticism. In response, he wrote the present work, an attempt to bring together all he had ever written on the theory of knowledge, (...) including an article on the function of cognition, later polemic and expository contributions, and some replies to previous criticism. The result was a full and definitive expression of the pragmatist "epistemology" from James' point of view. In the book, he urges the reader to "turn away from abstractions, verbal solutions, fixed principles, and pretended absolutes and look for concreteness and facts, action and power," arguing that "the ultimate test for us of what a truth means is the conduct it dictates or inspires." For students, scholars--anyone interested in William James or the history of American philosophical thought--this book offers an in-depth exposition of the influential ideas of one of the greatest American thinkers. Unabridged republication of the edition originally published by Longmans, Green and Co., New York and London, 1909. (shrink)

Scepticism about ought simpliciter is the view that there is no such thing as what one ought simpliciter to do. Instead, practical deliberation is governed by a plurality of normative standpoints, each authoritative from their own perspective but none authoritative simpliciter. This paper aims to resist such scepticism. After setting out the challenge in general terms, I argue that scepticism can be resisted by rejecting a key assumption in the sceptic’s argument. This is the assumption that standpoint-relative ought judgments bring (...) with them a commitment to act in accordance with those judgments. Instead, I propose an alternative account of our normative concepts according to which only ought simpliciter judgments commit one to acting in accordance with those judgments. In addition to answering the sceptical challenge, the proposal offers an independently motivated account of what makes a concept normatively authoritative. (shrink)

In addition to being one of the world's most influential philosophers, Aristotle can also be credited with the creation of both the science of biology and the philosophy of biology. He was the first thinker to treat the investigations of the living world as a distinct inquiry with its own special concepts and principles. This book focuses on a seminal event in the history of biology - Aristotle's delineation of a special branch of theoretical knowledge devoted to the systematic investigation (...) of animals. Aristotle approached the creation of zoology with the tools of subtle and systematic philosophies of nature and of science that were then carefully tailored to the investigation of animals. The papers collected in this volume, written by a pre-eminent figure in the field of Aristotle's philosophy and biology, examine Aristotle's approach to biological inquiry and explanation, his concepts of matter, form and kind, and his teleology. (shrink)

In this unique work, James P. Sterba argues that traditional ethics has yet to confront the three significant challenges posed by environmentalism, feminism, and multiculturalism. He maintains that while traditional ethics has been quite successful at dealing with the problems it faces, it has not addressed the possibility that its solutions to these problems are biased in favor of humans, men, and Western culture. In Three Challenges to Ethics: Environmentalism, Feminism, and Multiculturalism, Sterba examines each of these challenges. In (...) the case of environmentalism, he argues that traditional ethics must incorporate conflict resolution principles that favor nonhumans over humans in a significant range of cases. In terms of feminism, he maintains that traditional ethics should rule out gendered family structures and implement an ideal of androgyny. In regard to multiculturalism, he contends that traditional ethics must endorse an ethics that is secular in character and that can survive an extensive comparative evaluation of both Western and non-Western moral ideals and cultures. The only textbook devoted to this topic, Three Challenges to Ethics is an engaging text for introductory courses in ethics and moral problems and is also interesting and provocative reading for scholars and general readers. (shrink)

Rather than representing a break with his earlier philosophical undertakings, The Birth of Tragedy can be seen as continuous with them and Nietzsche's later works. James Porter argues that Nietzsche's argumentative and writerly strategies resemble his earlier writings on philology in his 'staging' of meaning rather than in his advocacy of various positions. The derivation of the Dionysian from the Apollinian, and the interest in the atomistic challenges to Platonism, are anticipated in earlier works. Also the theory of the (...) all-too-human subject is a thread that runs throughout Nietzsche's oeuvre, critically undoing what his philosophy appears to erect, confirming that Nietzsche is a most unreliable witness to his own meaning. As well as studying the relation of The Birth of Tragedy to later writings, the author examines it on its own terms as a self-standing and complete piece of imagining, with close regard to the self-presentation of the work itself. (shrink)

Now in a third edition, Introduction to Philosophy: Classical and Contemporary Readings is a highly acclaimed, topically organized collection that covers five major areas of philosophy--theory of knowledge, philosophy of religion, philosophy of mind, freedom and determinism, and moral philosophy. Editor Louis P. Pojman enhances the text's topical organization by arranging the selections into a pro/con format to help students better understand opposing arguments. He also includes accessible introductions to each chapter, subsection, and individual reading, a unique feature for an (...) anthology of this depth. While the book focuses on a compelling sampling of classical material--including selections from Plato, Aristotle, Descartes, Locke, Berkeley, Hume, and Kant--it also incorporates some of philosophy's best twentieth-century and contemporary work, featuring articles by Bertrand Russell, Richard Taylor, John Searle, Thomas Nagel, and others. This third edition contains an expanded glossary, more extensive section introductions, and twelve new selections: Karl Popper: "Epistemology without a Knowing Subject" Richard Rorty: "Dismantling Truth: Solidarity Versus Objectivity" Daniel Dennett: "Postmodernism and Truth" Bruce Russell: "The Problem of Evil: Too Much Suffering" David Chalmers: "Against Materialism: Can Consciousness Be Reductively Explained?" Baron Paul Henri d'Holbach: "A Defense of Determinism" Michael Levin: "A Compatibilist Defense of Moral Responsibility" Plato: Socratic Morality: "Crito" Herodotus: "Custom Is King" J. L. Mackie: "The Subjectivity of Values" Louis P. Pojman: "A Critique of Mackie's Theory of Moral Subjectivism" Thomas Nagel: "Moral Luck". (shrink)

James I. The Political Works of James I. Reprinted from the Edition of 1616. With an Introduction by Charles Howard McIlwain. Cambridge: Harvard University Press, 1918. cxi, 354 pp. Reprinted 2002 by The Lawbook Exchange, Ltd.

The Epicurean philosophical system has enjoyed much recent scrutiny, but the question of its philosophical ancestry remains largely neglected. It has often been thought that Epicurus owed only his physical theory of atomism to the fifth-century BC philosopher Democritus, but this study finds that there is much in his ethical thought which can be traced to Democritus. It also finds important influences on Epicurus in Democritus' fourth-century followers such as Anaxarchus and Pyrrho, and in Epicurus' disagreements with his own Democritean (...) teacher Nausiphanes. The result is not only a fascinating reconstruction of a lost tradition, but also an important contribution to the philosophical interpretation of Epicureanism, bearing especially on its ideal of tranquillity and on the relation of ethics to physics. (shrink)

We have now seen that, in what we call the mental world, Consciousness,- there are three grand classes of phenomena, the most familiar of all the facts with ...

A lineage of prominent philosophers who have discussed the second-person relation can be regarded as advancing structural accounts. They posit that the second-person relation effects one transformative change to the structure of practical reasoning. In this paper, I criticise this orthodoxy and offer an alternative, substantive account. That is, I argue that entering into second-personal relations with others does indeed affect one's practical reasoning, but it does this not by altering the structure of one's agential thought, but by changing what (...) reasons can become available. The importance of second-personal thought for action is heterogenous. Second-person relations make possible the emergence of a wide variety of different kinds of practical reasons: creating some, revealing others. Recognising this diminishes the appeal of the traditional, structural accounts of the practical significance of such second-personal relations. Moving away from structural accounts facilitates a more thorough understanding of the intersubjective form of action. (shrink)

The problem of personal identity is often said to be one of accounting for what it is that gives persons their identity over time. However, once the problem has been construed in these terms, it is plain that too much has already been assumed. For what has been assumed is just that persons do have an identity. A new interpretation of Hume's no-self theory is put forward by arguing for an eliminative rather than a reductive view of personal identity, and (...) by approaching the problem in terms of phenomenology, Buddhist psychology, and the idea of a constructed self-image. (shrink)

Every Thing Must Go aruges that the only kind of metaphysics that can contribute to objective knowledge is one based specifically on contemporary science as it ...

We applaud the spirit of MacNeilage's attempts to better explain the evolution and cortical control of speech by drawing on the vast literature in nonhuman primate neurobiology. However, he oversimplifies motor cortical fields and their known individual functions to such an extent that he undermines the value of his effort. In particular, MacNeilage has lumped together the functional characteristics across multiple mesial and lateral motor cortex fields, inadvertantly creating two hypothetical centers that simply may not exist.

本书讲述了一群试图解释中国哲学及其艺术词语问题的比较哲学家之长达20年之久的事情。包括“孟子人性理论的背景”、“孟子的人性论”等。.

Sebastian Rödl's Self-Consciousness and Objectivity is one of the most original and thought-provoking books in philosophy of mind for the last several years. An ambitious defence of absolute idealism, Rödl rejects the idea that reality is simply something given, and instead advances the position that all reality is accessible to thought because reality is already included in judgment. In this outstanding collection, a roster of international contributors critically examine the significance of Rödl's arguments and take the themes of his book (...) in new directions. The volume concludes with an extensive response by Sebastian Rödl to his critics, making it essential reading for those interested in contemporary debates in analytic philosophy, philosophy of mind and philosophical idealism. (shrink)

Background: Advance healthcare decision-making presumes that a prior treatment preference expressed with sufficient mental capacity ("T1 preference") should trump a contrary preference expressed after significant cognitive decline ("T2 preference"). This assumption is much debated in normative bioethics, but little is known about lay judgments in this domain. This study investigated participants' judgments about which preference should be followed, and whether these judgments differed depending on a first-person (deciding for one's future self) versus third-person (deciding for a friend or stranger) perspective.

(revisions posted 12/5/2006) to appear in Internalism and Externalism in Semantics and Epistemology, ed. by Sanford Goldberg (to be published by Oxford in 2006 or 2007) Michael McKinsey formulated an argument that raises a puzzle about the relation between externalism about content and our introspective awareness of content. The puzzle goes like this: it seems like I can know the contents of my thoughts by introspection alone; but philosophical reflection tells me that the contents of those thoughts are externalist, and (...) so I couldn. (shrink)

Patients -- Clients -- Welfare assessment -- Clinical choices -- Achieving animal welfare goals -- Beyond the clinic.

According to James M. Kauffman, too much of what is said today about educational reform is nonsense that shortchanges students, parents, and taxpayers. This deforms education rather than reforming it. The primary objective of this book is to help teachers, teacher educators, policy makers, and parents think more critically about current rhetoric about education. Reason and science in the enlightenment tradition are more helpful in reforming and improving education than political agendas. Reform should focus on instruction. Education must address (...) the full range of learners, from those who are mentally retarded to those who are intellectually gifted. Special education, multicultural education, and standardized testing are among the controversial issues explored. Extremes of both left and right ideologies are rejected in favor of careful thinking and sound judgment. (shrink)

Our lives are dominated by technology. We live with and through the achievements of technology. What is true of the rest of life is of course true of medicine. Many of us owe our existence and our continued vigour to some achievement of medical technology. And what is true in a major way of general medicine is to a significant degree true of psychiatry. Prozac has long since arrived, and in its wake an ever-growing armamentarium of new psychotropics; beyond that, (...) neuroscience promises ever more technological advances for the field. -/- However, the effect of technology on the field of psychiatry remains highly ambiguous. On the one hand there are the achievements, both in the science and practice of psychiatry; on the other hand technology's influence on the field threatens its identity as a humanistic practice. In this ambiguity psychiatry is not unique - major thinkers have for a long time been highly ambivalent and concerned about the technological order that now defines modern society. For the future, the danger is that the psychiatrically real becomes that which can be seen, the symptom, and especially that which can be measured. Disorders and treatments might become reduced to what can be defined by diagnostic criteria and what can be mapped out on a scale. -/- This book exams how technology has come to influence and drive psychiatry forward, and considers at just what cost these developments have been made. It includes a range of stimulating and thought-provoking chapters from a range of psychiatrists and philosophers. (shrink)

Are any nonhuman animals conscious? Why, if at all, should we strive to conserve natural environments? In what sense are we parts of nature? In this book, Simon James draws on a range of philosophical and literary sources to develop original answers to these and other questions, setting out a refreshingly new approach to environmental philosophy"--Provided by publisher.

The Other Freud undertakes an exciting and original analysis of Freud's major writings on religion and culture. James DiCenso suggests that Freud's texts on religion are unjustifiably ignored or taken for granted, and he shows that Freud's commentary on religion are rich, multifaceted texts, and deserve far more attention. Using concepts derived primarily from Jacques Lacan and Julia Kristeva, DiCenso draws an unparalleled critical portrait of the "other Freud". This book is rich with new ideas and fresh interpretations.

It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.

Why you are a different you at different times and how that's both normal and healthy. Reveals that each of us is made up of multiple selves, any of which can come to the forefront in different situations. Offers examples of healthy multiple selves from psychology, neuroscience, pop culture, literature, and ancient cultures and traditions. Explores how to harmonize our selves and learn to access whichever one is best for a given situation.

Background The ethical governance of Artificial Intelligence (AI) in health care and public health continues to be an urgent issue for attention in policy, research, and practice. In this paper we report on central themes related to challenges and strategies for promoting ethics in research involving AI in global health, arising from the Global Forum on Bioethics in Research (GFBR), held in Cape Town, South Africa in November 2022. Methods The GFBR is an annual meeting organized by the World Health (...) Organization and supported by the Wellcome Trust, the US National Institutes of Health, the UK Medical Research Council (MRC) and the South African MRC. The forum aims to bring together ethicists, researchers, policymakers, research ethics committee members and other actors to engage with challenges and opportunities specifically related to research ethics. In 2022 the focus of the GFBR was “Ethics of AI in Global Health Research”. The forum consisted of 6 case study presentations, 16 governance presentations, and a series of small group and large group discussions. A total of 87 participants attended the forum from 31 countries around the world, representing disciplines of bioethics, AI, health policy, health professional practice, research funding, and bioinformatics. In this paper, we highlight central insights arising from GFBR 2022. Results We describe the significance of four thematic insights arising from the forum: (1) Appropriateness of building AI, (2) Transferability of AI systems, (3) Accountability for AI decision-making and outcomes, and (4) Individual consent. We then describe eight recommendations for governance leaders to enhance the ethical governance of AI in global health research, addressing issues such as AI impact assessments, environmental values, and fair partnerships. Conclusions The 2022 Global Forum on Bioethics in Research illustrated several innovations in ethical governance of AI for global health research, as well as several areas in need of urgent attention internationally. This summary is intended to inform international and domestic efforts to strengthen research ethics and support the evolution of governance leadership to meet the demands of AI in global health research. (shrink)

Based on the author's more than 50 years of experience as a professional historian in academic and other capacities, Being a Historian is addressed to both aspiring and mature historians. It offers an overview of the state of the discipline of history today and the problems that confront it and its practitioners in many professions. James M. Banner, Jr. argues that historians remain inadequately prepared for their rapidly changing professional world and that the discipline as a whole has yet (...) to confront many of its deficiencies. He also argues that, no longer needing to conform automatically to the academic ideal, historians can now more safely and productively than ever before adapt to their own visions, temperaments, and goals as they take up their responsibilities as scholars, teachers, and public practitioners. Critical while also optimistic, this work suggests many topics for further scholarly and professional exploration, research, and debate. (shrink)

This cutting edge volume provides an overview of the dynamic new field of cyberphilosophy – the intersection of philosophy and computing.