This article utilises Luhmann's functional analysis to investigate the role played by legal argumentation within the legal system. Luhmann's sociological observations on this subject suggest an alternative to jurisprudential approaches that understand legal arguments and consequent decisions in terms of the relative strengths of the justifications offered in their support. His account examines the role played by legal argumentation in allowing the legal system to evolve in response to society's increasing complexity. The concepts he employs to analyse this evolutionary capacity (...) of law, developed from their origins in information theory, are redundancy and variety. Beginning with the work of Dworkin the article opens up Luhmann's analysis to consider how legal argumentation operates both as a grounded form of communication, capable of identifying weak or unsustainable interpretations of legal texts, and a mechanism for evolving law in the direction of increasing complexity. (shrink)

This work represents Niklas Luhmann's definitive application of systems theory to the understanding of law. In it Luhmann reviews past attempts to create a theory of law and argues they all fail to capture how law operates in modern society. He presents an alternative, critical theory through analysing law as a system of communication.

Time is central to Luhmann’s writings on social systems. Social systems, as systems of meaning, operate within three dimensions: factual, social and temporal. Each of these dimensions entails selections of actualities from potentialities (or contingencies) within horizons. Whilst the factual dimension involves selections based on distinguishing ‘this’ from ‘something else’, and the social distinguishes between alter and ego (asking with respect to any meaning whether another experiences it as I do), the temporal dimension operates with the primary distinction of before (...) and after. In the temporal dimension, everything is ‘ordered only according to the when and not to the who/what/where/how of experience and action’ (Luhmann in Social systems. Stanford University Press, Stanford, 1995, p. 78). In this paper, we explore the connection between the temporal dimension of meaning within the legal system and its connection to justice. We begin by setting out succinctly the role played by justice within the legal system, as presented by Luhmann, particularly in his book Law as a social system (2004). From this beginning, we move on to consider the relationship between law, justice and time, taking two examples. The first is the temporality of judicial decisions. The second concerns the relationship between the temporal meaning of law’s own operations, and the presumption of innocence. (shrink)

Taking account of two recent anthologies on virtue ethics, the paper locates the moral virtues relative to Aristotle's description of natural endowments, capacities, rational potentials, arts, character traits, and habits. The distinctions operative in this scheme are then brought to bear on the specific question of whether a burglar can be exhibiting the virtue of courage. The suggestion is made that it may not be because burglary is often unjust that it is not a proper exercise of the virtue, but (...) because the end and manner of its execution are disconnected from what is noble. (shrink)

Peirce’s Syllabus is examined and used to interpret metaphoric iconic stereotypes applied to Indigenous people: “noble savage,” “bloodthirsty savage,” “domestic dependent nation,” “vanishing race,” “Indian tribe,” and “ecological Indian.” Efforts on the part of the Indigenous to replace the these stereotypes with different icons such as “Native American,” “First Nations,” and, most recently, “water protectors,” are also examined. The usefulness of representamen categories from Peirce’s Syllabus, “rhematic,” “Argument,” “dicent,” “indexical,” “qualisign,” “legisign,” and “sinsign,” is demonstrated. Greimas’ observations about the functions (...) of modalities are brought in to explain how graphic images and portraiture, fictional and memoir narratives, legal discourses, and popular media representations implement various sections of the Syllabus. Putting Peirce’s Syllabus into action confirms its ability to perform dynamic, diachronic, and diagrammatic functions. (shrink)

The relief of suffering is the great goal of medicine. That physicians give up on suffering when they can do nothing about the underlying condition is one of the contemporary criticisms of medicine. Yet even in irremediable suffering there is something noble, to which physicians should attend.

This book presents an introduction to Einstein's Theory of Relativity, which has become a necessary part of the theoretical equipment of every physicist. Even if we regard the Einstein theory of relativity merely as a convenient tool for the prediction of electromagnetic and optical phenomena, its importance to the physicist is very great, not only because its introduction greatly simplifies the deduction of many theorems which were already familiar in the older theories based on a stationary ether, but also because (...) it leads simply and directly to correct conclusions in the case of such experiments as those of Michelson and Morley, Trouton and Noble, and Kaufman and Bucherer, which can be made to agree with the idea of a stationary ether only by the introduction of complicated and ad hoc assumptions. (shrink)

The doctrine that there is no permanent creator who superintends creation and takes care of his creatures accords quite well with each of the principles known as the four noble truths of Buddhism. The first truth, that distress is universal, is traditionally expounded in terms of the impermanence of all features of experience and in terms of the absence of genuine unity or personal identity in the multitude of physical and mental factors that constitute what we experience as a single (...) person. As we saw above, the principal Buddhist arguments against the existence of God focus on the impossibility of permanence and unity in the causal structure of the universe. The second noble truth, that distress is the outcome of one's own unrealistic aspirations, is traditionally seen as ruling out the erroneous view that distress is something inflicted upon creatures by a cosmic superintendent or by other circumstances completely beyond their control. The third noble truth, that distress can be eliminated by divesting oneself of all unrealistic aspirations, rules out the view that sentient beings, as powerless victims of a divine will, have no alternative to a life of constant frustration. And the fourth noble truth, that the best means of removing unrealistic desires is to follow a methodical course of self-discipline, counters the view that the road to happiness lies in obedience to divine will or in trying to manipulate the sentiments of a cosmic intelligence through prayer or ritual. (shrink)

“Writers don’t have tasks,” said Saul Bellow in a Q-and-A. “They have inspiration.”Yes, at the typewriter, by the grace of discipline and the Muse, but here, on Central Park South, in the Essex House’s bright Casino on the Park, inspiration was not running high.Not that attendance at the forty-eight PEN conference was a task. It was rather what Robertson Davies called “collegiality.” “A week of it once every five years,” he said, “should be enough.” He, Davies, had checked in early, (...) Saturday afternoon, and attended every session. In black overcoat and black fur cap, he had a theatrical, Man-Who-Came-to-Dinner look. In the lobby he made a great impression.Why not? After all, weren’t writers here to be seen as well as to see each other, to make as well as take impressions? A month before, I’d spent a couple of hours at the Modern Language Association convention. There were thousands and thousands of scholars and critics there. Some of the most noted make a career of squeezing authors out of their texts. An author, wrote one tutelary divinity, “constitutes the privileged moment of individualization in the history of ideas, knowledge, [and] literature….”1 Not content with auctoricide, deconstructionist critics went after texts. “Il n’y a pas de hors-texte.”2 Since there’s nothing that doesn’t belong to the text, texts are interchangeable. And it’s not that superfluous, mythical being, the author, who decides they are, but his readers, at least those readers capable of erecting on his miserable pedestal—the poem, the story, the novel—a memorable explication.Ah well, was my thought, for some people a corpse will serve as well as a person. Indeed, for intellectual undertakers, hit-men, and cannibals, as well as for those who suffer the tyranny of authority, corpses are preferable to their living simulacra.Few authors at the PEN conference were troubled by these critical corpse-makers. They were here to see the authors behind the books they’d read, to swap stories and opinions, and to make clear to each other what splendid thinkers and noble humans they were outside of the poems and stories which had brought them here in the middle of winter and New York. In this city, more than any other in the history of the word, the word had been turned into gold. If one were going to abandon the typewriter for the podium, what better place to do it? In 1985, Richard Stern was given the Medal of Merit, awarded every six years to a novelist by the American Academy and Institute of Arts and Letters. He is the author of, among other works, the novels A Father’s Words , Other Men’s Daughters , and Stitch . His third “orderly miscellany,” The Position of the Body, will be published in September 1986. This essay is part of a longer work. Stern is professor of English at the University of Chicago. (shrink)

In most groups, there’s a sort of commedia del l’arte distribution of roles. In families, factories, universities, corporations, people are known not only for their work, their looks, their social and economic status, but also for the characters they assume in the organization. So there are clowns and those who laugh at them, there are leaders and there are followers; some followers are worshipful, some resentful. Most people put on their organization-character as they put on their uniforms. It doesn’t mean (...) that the character isn’t related to their temperament—they have, after all, chosen it as they have chosen what they wear—but it never represents all of what they are and often represents very little. It is a convenience, a way of smoothing the roughness of interaction.At a congress of writers, things are somewhat different. At the PEN Congress there were the clowns—writers, say, like Salman Rushdie, the young Anglo-Indian novelist; there were dour, dynical observers from the periphery—I think of Sven Delblanc, the Swedish novelist; there were writers who’s pulled themselves out of Pleistocene social pockets which they’d barely survived and which they record: here I think of Kenji Nakagami, the Japanese novelist, screenwriter, and critic. Richard Stern’s Noble Rot, Stories 1949-88, will be published in the fall of 1988. (shrink)

What were Shakespeare's final thoughts on history, tragedy, and comedy? Shakespeare's Last Plays focuses much needed scholarly attention on Shakespeare's "Late Romances." The work--a collection of newly commissioned essays by leading scholars of classical political philosophy and literature--offers careful textual analysis of Pericles, Prince of Tyre, Cymbeline, The Winter's Tale, The Tempest, All is True, and The Two Noble Kinsmen. The essays reveal how Shakespeare's thought in these final works compliments, challenges, fulfills, or transforms previously held conceptions of the playwright (...) and his political-philosophical views. (shrink)

"The chief characteristic of poets," writes I. A. Richards in his well-known essay, "Science and Poetry," "is their amazing command of words".1 By this Richards does not mean that poetry can be written "by cunning and study, by craft and contrivance," that is, by "the technique of poetry added to a desire to write some"; his point is rather that "the ordering of the words" must spring from "an actual supreme ordering of experience." The true vocation of "genuine poetry" consists (...) in its attempt to give the reader "a response which is as passionate, noble and serene as the experience of the poet." It is, in other words, only by being "the master of experience" that a poet can be "the master of... (shrink)

In Against Absolute Goodness Richard Kraut aims to show that absolute goodness (or badness) is not reason-giving; it plays no role is justifying or requiring certain attitudes and no role in reasoning about what to do. It passes the buck (it never adds to the weightiness of more specific reasons) and so for practical purposes can be ignored. However, he claims that the notions of ‘a good R’ (e.g. a good play) and ‘good for S’ do justify certain attitudes (...) and play important roles in practical reasoning and do not pass the buck. In this review I critique Kraut’s argument that the notions of ‘a good R’ (e.g. a good play) and ‘good for S’ differ from absolute goodness in these ways. Moreover, I discuss and defend Aristotle’s notion of ‘the fine’ or ‘noble’ (καλόν) and Kant’s notion of unconditional goodness. (shrink)

Denis Noble suggests that biologists who created the Modern Synthesis were taken in by conceptual traps and illusions hidden in the language they used. Rather than blame language itself, my response counters that all writers are responsible for careful attention to the implications of the metaphors they use, and that Richard Dawkins deliberately chose “the selfish gene.” Noble’s concept of biological relativity restores Darwin’s fuller and more nuanced definition of natural selection and shows how it also accounts for Lamarck’s (...) assertion that acquired characteristics can be inherited. Biological relativity is supported by Maurice Merleau- Ponty’s chiasmic ontology. (shrink)

A selection of speeches and essays from the author's second decade as president of Yale University.

What we value, like, endorse, want, and prefer changes over the course of our lives. Richard Pettigrew presents a theory of rational decision making for agents who recognise that their values will change over time and whose decisions will affect those future times.

Orientalism and Religion offers us a timely discussion of the implications of contemporary post-colonial theory for the study of religion. Drawing on a variety of post-structuralist and post-colonial thinkers, including Foucault, Gadamer, Said, and Spivak, Richard King examines the way in which notions such as mysticism, religion, Hinduism and Buddhism are taken for granted, and shows us how religion needs to be redescribed along the lines of cultural studies.

Throughout, this book questions our accepted definitions and biases, showing the self-reflective nature of scientific activity within society.

This is the third edition of a classic book first published in 1960, which has sold thousands of copies in two paperback edition and has been translated into several foreign languages. Popkin's work ha generated innumerable citations, and remains a valuable stimulus to current historical research. In this updated version, he has revised and expanded throughout, and has added three new chapters, one on Savonarola, one on Henry More and Ralph Cudworth, and one on Pascal. This authoritative treatment of the (...) theme of scepticism and its historical impact will appeal to scholars and students of early modern history now as much as ever. (shrink)

Thinking through the body: educating for the humanities -- The body as background -- Self-knowledge and its discontents: from Socrates to somaesthetics -- Muscle memory and the somaesthetic pathologies of everyday life -- Somaesthetics in the philosophy classroom: a practical approach -- Somaesthetics and the limits of aesthetics -- Somaesthetics and Burke's sublime -- Pragmatism and cultural politics: from textualism to somaesthetics -- Body consciousness and performance -- Somaesthetics and architecture: a critical option -- Photography as performative process -- Asian (...) ars erotica and the question of sexual aesthetics -- Philosophy as awakened life : everyday aesthetics of embodiment in American transcendentalism and Japanese Zen practice -- Somatic style. (shrink)

Conditionalization is one of the central norms of Bayesian epistemology. But there are a number of competing formulations, and a number of arguments that purport to establish it. In this paper, I explore which formulations of the norm are supported by which arguments. In their standard formulations, each of the arguments I consider here depends on the same assumption, which I call Deterministic Updating. I will investigate whether it is possible to amend these arguments so that they no longer depend (...) on it. As I show, whether this is possible depends on the formulation of the norm under consideration. (shrink)

The book begins with an overview that introduces the Theorem and the issues surrounding it, and explores how the essays that follow contribute to our understanding of those issues.

According to certain normative theories in epistemology, rationality requires us to be logically omniscient. Yet this prescription clashes with our ordinary judgments of rationality. How should we resolve this tension? In this paper, I focus particularly on the logical omniscience requirement in Bayesian epistemology. Building on a key insight by Hacking :311–325, 1967), I develop a version of Bayesianism that permits logical ignorance. This includes: an account of the synchronic norms that govern a logically ignorant individual at any given time; (...) an account of how we reduce our logical ignorance by learning logical facts and how we should update our credences in response to such evidence; and an account of when logical ignorance is irrational and when it isn’t. At the end, I explain why the requirement of logical omniscience remains true of ideal agents with no computational, processing, or storage limitations. (shrink)

Can we decide to trust? Sometimes, yes. And when we do, we need not believe that our trust will be vindicated. This paper is motivated by the need to incorporate these facts into an account of trust. Trust involves reliance; and in addition it requires the taking of a reactive attitude to that reliance. I explain how the states involved here differ from belief. And I explore the limits of our ability to trust. I then turn to the idea of (...) trusting what others say. I suggest that we sometimes decide to trust people to be sincere and knowledgeable; and that having taken this attitude towards them, we come to believe what they say. I spell out some consequences that this has for an account of testimony, and for van Fraassen's decision theoretic principle of Reflection. (shrink)

Whatever its grammatical status, the verb “to discern” has an implicit transitive element. That is to say, we always discern about something or between two options. What is the right course of action in this situation and in these circumstances? In our paper, we want to look at responses to this question from the perspective of the theology of liberation. As the name implies, this is first and foremost a theology, a way of seeking to understand and articulate the faith (...) of the believing Christian community. But it is also necessarily political, because it seeks to contribute to the liberation of those who are not free – the poor, the oppressed, those to whom injustice is done, both negatively, by decrying the presence of unfreedom and positively by working for social transformation. It is thus a public theology, a manifestation of the ongoing power of religion to inform and motivate its adherents to engage in attempts to transform the world not only in terms of a post mortem future but here and now. (shrink)

The Desire-as-Belief thesis (DAB) states that any rational person desires a proposition exactly to the degree that she believes or expects the proposition to be good. Many people take David Lewis to have shown the thesis to be inconsistent with Bayesian decision theory. However, as we show, Lewis's argument was based on an Invariance condition that itself is inconsistent with the (standard formulation of the) version of Bayesian decision theory that he assumed in his arguments against DAB. The aim of (...) this paper is to explore what impact the rejection of Invariance has on the DAB thesis. Without assuming Invariance, we first refute all versions of DAB that entail that there are only two levels of goodness. We next consider two theses according to which rational desires are intimately connected to expectations of (multi-levelled) goodness, and show that these are consistent with Bayesian decision theory as long as we assume that the contents of 'value propositions' are not fixed. We explain why this conclusion is independently plausible, and show how to construct such propositions. (shrink)

Strangers, Gods and Monster is a fascinating look at how human identity is shaped by three powerful but enigmatic forces. Often overlooked in accounts of how we think about ourselves and others, Richard Kearney skillfully shows, with the help of vivid examples and illustrations, how the human outlook on the world is formed by the mysterious triumvirate of strangers, gods and monsters. Throughout, Richard Kearney shows how strangers, gods and monsters do not merely reside in myths or fantasies (...) but constitute a central part of our cultural unconscious. Above all, he argues that until we understand better that the Other resides deep within ourselves, we can have little hope of understanding how our most basic fears and desires manifest themselves in the external world and how we can learn to live with them. (shrink)

Richard Rorty's collected papers, written during the 1980s and now published in two volumes, take up some of the issues which divide Anglo-Saxon analytic philosophers and contemporary French and German philosophers and offer something of a compromise - agreeing with the latter in their criticisms of traditional notions of truth and objectivity, but disagreeing with them over the political implications they draw from dropping traditional philosophical doctrines. The second volume pursues the themes of the first volume in the context (...) of discussions of recent European philosophy focusing on the work of Heidegger and Derrida. (shrink)

Hilbert’s program was an ambitious and wide-ranging project in the philosophy and foundations of mathematics. In order to “dispose of the foundational questions in mathematics once and for all,” Hilbert proposed a two-pronged approach in 1921: first, classical mathematics should be formalized in axiomatic systems; second, using only restricted, “finitary” means, one should give proofs of the consistency of these axiomatic systems. Although Gödel’s incompleteness theorems show that the program as originally conceived cannot be carried out, it had many partial (...) successes, and generated important advances in logical theory and metatheory, both at the time and since. The article discusses the historical background and development of Hilbert’s program, its philosophical underpinnings and consequences, and its subsequent development and influences since the 1930s. (shrink)

Most recent accounts of will-power have tried to explain it as reducible to the operation of beliefs and desires. In opposition to such accounts, this paper argues for a distinct faculty of will-power. Considerations from philosophy and from social psychology are used in support.

In this paper I defend what I call the argument from epistemic reasons against the moral error theory. I argue that the moral error theory entails that there are no epistemic reasons for belief and that this is bad news for the moral error theory since, if there are no epistemic reasons for belief, no one knows anything. If no one knows anything, then no one knows that there is thought when they are thinking, and no one knows that they (...) do not know everything. And it could not be the case that we do not know that there is thought when we believe that there is thought and that we do not know that we do not know everything. I address several objections to the claim that the moral error theory entails that there are no epistemic reasons for belief. It might seem that arguing against the error theory on the grounds that it entails that no one knows anything is just providing a Moorean argument against the moral error theory. I show that even if my argument against the error theory is indeed a Moorean one, it avoids Streumer's, McPherson's and Olson's objections to previous Moorean arguments against the error theory and is a more powerful argument against the error theory than Moore's argument against external world skepticism is against external world skepticism. (shrink)

Most individuals realise that we have a moral obligation to avoid the evils of war. But this realization raises a host of difficult questions when we, as responsible individuals, witness harrowing injustices such as ""ethnic cleansing"" in Bosnia or starvation in Somalia. With millions of lives at stake, is war ever justified? And, if so, for what purpose? In this book, Richard J. Regan confronts these controversial questions by first considering the basic principles of just-war theory and then applying (...) those principles to historical and ongoing conflicts. Part One presents two opposing viewpoints: first, that war is not subject to moral norms and, second, that war is never morally permissible. The author rejects both perspectives, and moves to define the principles of just-war theory. He evaluates the roles of the president, Congress and, most importantly, the UN Security Council in determining when long-term US military involvement is justified. The moral limits of war conduct and the moral problem of using, or threatening to use, nuclear weapons are also discussed. On the just cause to wage war, Regan argues that defense of nations and nationals - whether in self-defense or in defense of others - remains the ""only"" classical cause that in the modern world would justify resorting to war. With respect to military intervention in secessionist and revolutionary wars, he contends that such intervention might be justified, but that prudence dictates extreme caution. In considering acceptable war conduct, Regan elaborates the specific principle of discrimination and proportionality; he maintains that civilians uninvolved in the enemy's war should not be directly targeted and that the costs of military action must be proportionate to the anticipated benefits of destroying military targets. The second part of the book presents case studies of eight historical wars - World War I, the Vietnam War, the Falklands War, the revolution and civil war in Nicaragua, the civil war in El Salvador, the Gulf War, the intervention in Somalia, and the Bosnian War - and poses several provocative questions about each. It invites readers and students to apply just-war principles to complex war-related situations and to understand the factual contingencies involved in moral judgements about war decisions. The book should be of particular interest to students of the moral issues of international relations and to readers interested more generally in philosophy, theology and political science. (shrink)

This book gives a descriptive analysis of specific Madhyamika texts. It compares the ideology of Kumarajiva (a translator of the four Madhyamika treatises 400 A.D.) with the ideologies of the three Chinese contemporaries - HuiYuan, Seng-Jui and Seng-Chao. It envisages an intercultural transmission of religious and philosophical ideas from India to China.