Volume 10, Issue 2, June 2019, Page 300-312.

Fully updated and revised by James Penner and Emmanuel Melissaris, McCoubrey & White's Textbook on Jurisprudence clearly breaks down the complexities of this often daunting yet fascinating subject. Sophisticated ideas are explained concisely and with clarity, ensuring the reader is aware of the subtleties of the subject yet not overwhelmed. With chapters dedicated to both key concepts and leading theorists, this text takes a wide-ranging look at jurisprudence and places central ideas in context. In particular this text centres (...) around one of the leading theorists, H.L.A Hart, and considers the landscape of jurisprudence in relation to his seminal The Concept of Law, looking at the key ideas which influenced him and considering the response to his work. Coverage of post-modern and feminist legal theory is also included, alongside discussion of key theorists such as Hobbes, Kant, and Rawls.Logically organised to support the topics commonly taught on jurisprudence and legal theory courses, this text provides an easy-to-follow and digestible account of this wide-ranging subject, making it the ideal companion text for further reading and research throughout your course. (shrink)

Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, (...) this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property. (shrink)

In a recent article2 I examined the nature of private law offices, and here I extend that analysis to consider the trustee-beneficiary relationship where the trust is of a kind that Lionel Smith has called a “massively discretionary trust.”3 After considering some of the problematic legal features of such trusts, I shall probe the morally problematic features that these trusts present.

This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays (...) in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective. (shrink)

This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.

Andrew Shephardson contends in Who’s Afraid of the Unmoved Mover that the combined postmodern objections of Carl A. Raschke, James K. A. Smith, and me, to natural theology, fail. Here I focus only on the issue of idolatry and natural theology, as one way of demonstrating a fundamental inadequacy characteristic of Shephardson’s rebuttal of postmodern challenges to evangelical appropriations of natural theology. I argue that contrary to Shephardson’s contention, Acts 17 does not support evangelical appropriations of natural theology, but (...) operates with a view of reason consistent with my postmodern one and opens postmodern possibilities for understanding natural revelation. (shrink)

James Penner has probably done more than anyone else in legal philosophy to set the terms of debate in property theory for the past two decades. His 1997 book, The Idea of Property in Law initiated...

Francisco Suárez Sometimes called the "Eminent Doctor" after Paul V’s designation of him as doctor eximius et pius, Francisco Suárez was the leading theological and philosophical light of Spain’s Golden Age, alongside such cultural icons as Miguel de Cervantes, Tomás Luis de Victoria, and El Greco. Although initially rejected on grounds of deficient health … Continue reading Suárez, Francisco →.

In this paper, I make two claims: an opera’s music, both vocal and instrumental, is part of the ontology of its fictional world, and song constitutes the normative mode of communication and expression in the fictional world. I refute Carolyn Abbate’s influential arguments that both of these claims are untrue. Abbate’s contention that opera characters do not have epistemic access to the music is based on false premises and gives rise to serious interpretive problems. My account of operatic metaphysics refines (...) and extends the work of Edward T. Cone and Peter Kivy. Where I diverge from their respective accounts is in my contention that the orchestral music typically does not have a fictional author. Often its real author is the only agent to which it may be logically attributed. (shrink)

This book is an inquiry into the motivation for altruistic behavior. It uncovers the condition that prompts or sometimes even compels us to act intentionally for the benefit of others. This condition, the pre-reflective experience of another person as a self-conscious individual just like oneself, finds its origin in the very structure of the mind. The essay is a synthesis of evidence from neuroscience, phenomenology, Eastern philosophy, analytic philosophy of mind, and cognitive psychology. Hence, it is an excellent example of (...) work in applied cognitive science. The book includes a critique of the several main approaches to the explanation of the motivation for altruistic behavior: biological, psychological, and philosophical. The path of the main inquiry produces several innovative proposals in the philosophy of mind in addition to the main conclusion. Included in these are a detailed account of the structure of the human mind, an ontological categorization of mental states, a naturalistic explanation of so-called mystical states, a proposal for the role of consciousness in the downward causation of physical events, a new interpretation of the Buddhist doctrine of no-self and a unique view of the nature of love. (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)

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)

Some claim that cognitive science of religion (CSR) either completely “explains religion away,” or at the very least calls the epistemic status of religious belief into question. Others claim that religious beliefs are the cognitive outputs of systems that seem highly reliable in other contexts, and thus CSR provides positive epistemic support for religious belief. I argue that (i) CSR does not provide evidence for atheism, but (ii) if one is an atheist, CSR lends “intellectual aid and comfort,” (iii) CSR (...) does not provide evidence for theism, but (iv) if one is a theist, CSR provides qualified support for Reformed Epistemology. (shrink)

Some claim that cognitive science of religion either completely “explains religion away,” or at the very least calls the epistemic status of religious belief into question. Others claim that religious beliefs are the cognitive outputs of systems that seem highly reliable in other contexts, and thus CSR provides positive epistemic support for religious belief. I argue that CSR does not provide evidence for atheism, but if one is an atheist, CSR lends “intellectual aid and comfort,” CSR does not provide evidence (...) for theism, but if one is a theist, CSR provides qualified support for Reformed Epistemology. (shrink)

Bradley N. Seeman charges that my book, The End of Apologetics: Christian Witness in a Postmodern Context, tends toward “the idolatry of linguistic license.” I point out some ways this runs against the text of the book and then outline a Wittgensteinian approach to language and truth that is alethically “quasi-realist.” On this view truth is both epistemic, or deflationary, in the sense that it depends upon assertability conditions for its truth values, while there is also a nonepistemic, realist component (...) to truth in that these assertability conditions derive from forms of life that involve precognitive involvement with extralinguistic affairs. (shrink)

Addresses the perils and promises postmodernity holds for the tasks of Christian thinkers.

Introduction. In the context of the COVID-19 pandemic, which spread around the world in early 2020, special attention is paid to external transformations in human life: forced staying at home, using personal protective equipment in public places, social distance, etc. Nevetheless, the inner world of a man is susceptible to serious transformations. Another necessary element that structures the world of self (J. Deleuze’s point of view) is turning into a potential carrier of the virus. Therefore, the problem of human reflection (...) with the goal of taking care of oneself in a crisis situation is of particular relevance. The aim of the study is to substantiate the effectiveness of spiritual practices of the period of Antiquity and the early Middle Ages as forms of caring of the internal in a person in the pandemic. Methods. The author uses general scientific methods: analysis and synthesis, induction, deduction, abstraction. In addition, a comparative historical method, an interpretation method and a systematic approach are applied. With the help of the dialectical approach, the connection between the external and the internal in a person was designated. Scientific novelty of the study. Three scenarios of human responses to self-isolation in the context of an event (external) – meaning (internal) are outlined: orientation to an external event; creating an external event; appeal to the self. Results. In the context of self-isolation, staying alone with himself, a person faced a problem, a crisis of identity (empirical evidence for this problem was provided by psychologists and psychotherapists in Chelyabinsk and the Chelyabinsk region). This problem is due to the fact that the pandemic has reduced many of the person’s connections with the outside world (work, study, relationships with friends and relatives) and / or transferred them to a remote format. Therefore, consciously or optionally, at the level of an unreasonable request, a person has a need to rethink his self. Rethinking is a reflexive procedure when a person re-learns to communicate with his self. M. Foucault analyzed and systematized examples of spiritual work with I, looking into the practices of care of the self in ancient thinkers’ and early Christians’ studies. Conclusion. The COVID-19 virus has made significant adjustments to human life. No less adjustments were made to the events (F. Girenok) that fill the life of a person. A man’s replies to changes in his being can be laid between two poles: event and meaning. Even while at home, many continue to focus on the external, creating something of their own (for example, audiovisual production) or consuming the results of others. At the same time, orientation to meaning involves focusing on oneself. Philosophers and theologians who practiced self-care about two millennia ago, proposed different forms of reflection, pursuing one goal, to learn to talk with oneself. (shrink)

Suárez distingue entre cuatro formas diferentes de intentar un fin de acción: con una intención actual, virtual, habitual o interpretativa. Esta distinción se repite en muchos libros y artículos en siglos posteriores como una parte estándar de la teoría de la acción, y Suárez es evidentemente la fuente de muchos de los autores posteriores. Este artículo examina el tratamiento de Suárez de la distinción. La intención interpretativa recibe la mayor atención, ya que Suárez parece dar varias caracterizaciones inconsistentes de ella (...) en diferentes obras. El artículo concluye con algunas notas sobre la posterior recepción de la distinción y comenta brevemente las lecciones que se deben aprender sobre cómo rastrear la influencia de Suárez. (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)

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)

Intersectionality emphasizes that race, class, and gender distinctions are inextricably intertwined, but fully interrogating the co-constitution of these axes of stratification has proven difficult to implement in large-scale quantitative analyses. We address this gap by exploring gender differences in how social status shapes race in the United States. Building on previous research showing that changes in the racial classifications of others are influenced by social status, we use longitudinal data to examine how differences in social class position might affect racial (...) classification differently for women and men. In doing so, we provide further support for the claim that race, class, and gender are not independent axes of stratification; rather they intersect, creating dynamic feedback loops that maintain the complex structure of social inequality in the United States. (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)

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)

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)

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)

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.