el derecho, la razón y la emoción tienen una larga, estrecha y complicada relación en la historia de la filosofía y de la justicia. Esta discusión sugiere que el derecho gana legitimidad y eficacia cuando une la razón con la emoción, que la razón y la emoción humana son los valores rectores de cualquier sistema jurídico justo, que todos los sistemas jurídicos dicen ser justos y que todos los sistemas jurídicos y todos los académicos del derecho hacen uso de estas (...) ideas, ya sea que las reconozcan o no. Este artículo busca aclarar los conceptos “derecho”, “razón”, “emoción”, “justicia”, “eficacia” y “Estado de derecho”, con el fin de comprender mejor cómo se relacionan entre ellos y así establecer la agenda para un mayor diálogo entre los mismos. Para lo anterior, el primer paso sería considerar cómo estas palabras han sido y deberían usarse para una mejor comprensión y un eventual mejoramiento del derecho y la sociedad. Razón y emoción son los pilares gemelos del derecho, que hacen que este último sea legítimo, justo y eficaz cuando se toman debidamente en cuenta. Nadie puede entender correctamente el derecho sin hacer referencia tanto a la emoción humana como al propósito con el que el derecho existe para servir, que es el bienestar racional de todos y cada uno de los miembros de la sociedad. (shrink)

This book examines the role and importance of reason and emotion in justice and the law. Eight lawyers and philosophers of law consider law's basis in the universal human need for society, our innate sense of justice, and many other powerful inclinations and emotions, including the desire for fairness and even for law itself. Human beings are deeply social creatures, inspired by social and other emotions, which can ennoble, support, or undermine the law. Law gains legitimacy and effectiveness when reason (...) recognizes and embraces human emotions for the benefit of society as a whole. This volume explores the power and purposes of reason and emotion in the law. (shrink)

Niccolò Machiavelli is the father of modern constitutionalism. Constitutionalism began anew in the modern world with the study of the ancient republics and it was Machiavelli who inaugurated this revived science of politics. Five hundred years after the composition of Il Principe and the Discorsi we are still working out the implications of applying reason to the structures of law and government in pursuit of justice and the common good. Modern constitutionalism and ancient republicanism share three central beliefs: first, that (...) government should serve justice and the common good; second, that government should do so through known and stable laws; third, that these will best be secured through the checks and balances of a well-designed constitution. Machiavelli took the theories and experiences of republican Rome and applied them to his own era. This application of reason to constitutional design transformed the politics of emergent modernity and reconfigured government throughout the world. (shrink)

Universal Human Rights brings new clarity to the important and highly contested concept of universal human rights. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement, and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an (...) otherwise divided world. (shrink)

This book reveals and discusses the foundations of law and justice. Fifteen leading lawyers and philosophers of law, representing thirteen nations and fifteen different philosophical schools examine the value and purpose of law, and the nature and requirements of law and justice. Some of the world's most learned and provocative legal scholars address the ultimate questions of legal and social philosophy from all angles and the broadest possible perspective, with special reference to the work of Mortimer Newlin Stead (...) class='Hi'>Sellers, and the republican, liberal, and analytical schools of legal thought. The conclusions reached here are not fully unanimous, congruent or conclusive, but they represent the pinnacle of legal scholarship as it exists today and furnish the necessary basis for any future study of law, justice, or the ultimate requirements of just, effective and legitimate law and society. (shrink)

Preeminent psychoanalyst Mortimer Ostow believes that early childhood emotional attachments form the cognitive underpinnings of spiritual experience and religious motivation. His hypothesis, which is verifiable, relies on psychological and neurobiological evidence but is respectful of the human need for spiritual value. Ostow begins by classifying the three parts of the spiritual experience: awe, Spirituality proper, and mysticism. After he pinpoints the psychological origins of these feelings in infancy, he discusses the foundations of religious sentiment and practice and the brain (...) processes associated with spiritual experience. He then focuses on spirituality's relationship to mood regulation, and the role of negative spirituality in fostering religious fundamentalism and demonic possession. Ostow concludes with an analysis of an essay by the psychoanalyst Donald M. Marcus, who recounts his own spiritual experience during a Native American-style "vision quest" in the woods. Marcus's account demonstrates the constructive potential of spirituality and the way in which spirituality retrieves and recapitulates feelings of attachment to the mother. Persuasively and brilliantly argued, _Spirit, Mind, and Brain_ brings the disciplines of religion, behavorial neuroscience, and philosophy to bear on a groundbreaking new method for understanding religious ritual and belief. (shrink)

Prologue: retrospective and prospective -- The ethics of enough -- Real and apparent goods -- Wrong desires: pleasure, money, fame, and power -- Right desires: the totum bonum and its constituents -- Fundamental errors in moral philosophy -- Necessary but not sufficient -- Epilogue: transcultural ethics.

ABSTRACT A number of contributors to the Journal of Applied Philosophy have confronted the issues of nuclear war and nuclear weapons. It is the view of some of our readers, however, that there is a distinctive women's voice on this issue. It is for this reason and also in the light of the reported decision of the major news‐media in Britain not to publish any further information about the continuing Greenham protest that this discussion article is included here.

In lieu of an abstract, here is a brief excerpt of the content:Human Liberty and Human Nature in the Works of Faustus Socinus and His ReadersSarah MortimerI.Few issues were more hotly contested by early modern theologians than the extent of human liberty and its implications for both religion and society. In the Protestant world, the sixteenth century saw increasingly strident statements of mankind's bondage to sin and the importance of God's eternal decree of predestination, but the concept of human moral (...) responsibility still had its defenders. One influential proponent of human liberty was Faustus Socinus (1539–1604), the Italian scholar known most commonly today for his denial of the trinity. Yet the central theme of his theology was his insistence that Christian virtues must be carried out voluntarily; it was from this principle that his more heterodox ideas flowed. He made a sharp distinction between natural and voluntary action, and argued that the practice of Christianity must be an act of human will, not one to which men were drawn by nature. Separating Christianity from the natural order, Socinus argued that eternal life awaited those who chose to follow the law of Christ rather than the natural law. His argument challenged the Protestant commitment to the unity of natural and divine law and it opened up conceptual space for voluntary action outside the natural law. In this article, I shall sketch the Socinian position on human liberty and Christianity, and suggest how and why the Italian's ideas were developed by Protestants in the early seventeenth century. His readers included the eminent Dutch scholar Hugo [End Page 191] Grotius (1583–1645), and the exchange between Grotius and the Socinians reveals the concern on both sides to explain the relationship between human liberty, Christianity, and natural law.Socinus' life, like his theology, began within the reform movement in Italy and ended among the marginalised anti-trinitarians in Poland. Born of a long line of Italian jurists, he shared both his family's legal interests and their critical approach to the Catholic Church. In his youth he had been a courtier in Florence but his increasingly critical attitude towards Catholicism—and the death of his patron Grand-Duke Cosimo I—resulted in his departure from Italy in 1574. After a period in Basel he found a home among the Polish Anabaptists at Rakow, a young and precarious community which he helped to sustain through his advice and through the tracts which he penned on their behalf.1 During these years, he was also able to develop his own interpretation of Christianity, and to explain it in numerous works issuing from the community's press. Although his ideas generated a lively debate from the start, both in Poland and Germany, it was only after his death that they began to be absorbed into the mainstream of European intellectual discussions. Socinus' theological ideas had their attractions for some Protestant readers, but they became entangled with more political questions and their implications for civil life began to cause serious alarm. For this reason my focus will be upon the responses of Dutch and German readers, particularly Hugo Grotius and Johan Crell (1590–1633), both of whom addressed the civil as well as the theological aspects of Socinus' legacy. First, however, I shall draw out the salient points from Socinus' rich and complex theology, paying particular attention to his understanding of human liberty. Unlike his orthodox Protestant contemporaries, Socinus believed that liberty was the precondition for virtue.Socinus shared with the broader Christian humanist tradition the belief that Christ demanded works as well as faith from his followers. Christians must follow the pattern of ethical living laid down by their master; like Erasmus before him, and like the Italian exiles he met in Basel, Socinus saw Christianity as a religion of action.2 For this reason, he was determined to protect the liberty and capacity of each individual to act virtuously, and therefore to defend what he understood as human free will. It was, he felt, [End Page 192] a pressing task, for these qualities were being undermined by his contemporaries and particularly by those on the Protestant side. Most Protestants followed Luther's belief, expressed most forcefully in De Servo Arbitrio (1525... (shrink)

For the purposes of this paper, realism is defined as the belief that in visual perception there is a direct perception of material bodies existing in space external to the perceiver's body. Most contemporary positivists and analytical philosophers are realists in this sense. Included in this classification would be all those who argue from the character of seen relations of bodies to the uniformity view of causation; those who oppose public to private experience; those who believe that one can point (...) to facts; those who believe in the real existence of objects like extended solid tables and chairs; and those who distinguish in terms of verifiability between judgments of color and judgments of value. (shrink)

Hesperides Press are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

This book, first published in 1936, divides into roughly two parts: a re-examination of historical material; and a positive theory of causation suggested by the results of this re-examination. The historical study discloses an ambiguity in the meanings of causation and determinism; it discloses also that this ambiguity is transferred to the meaning of freedom.

v. 1. A dialectical examination of the conceptions of freedom.--v. 2. A dialectical examination of the controversies about freedom.

Early intervention aims to identify children or families at risk of poor health, and take preventative measures at an early stage, when intervention is more likely to succeed. EI is concerned with the just distribution of “life chances,” so that all children are given fair opportunity to realize their potential and lead a good life; EI policy design, therefore, invokes ethical questions about the balance of responsibilities between the state, society, and individuals in addressing inequalities. We analyze a corpus of (...) EI policy guidance to investigate explicit and implicit ethical arguments about who should be held morally responsible for safeguarding child health and well-being. We examine the implications of these claims and explore what it would mean to put the proposed policies into practice. We conclude with some remarks about the useful role that philosophical analysis can play in EI policy development. (shrink)