Leo Katz, Bad Acts and Guilty Minds: Conundrums of the Criminal Law Chicago and London: The University of Chicago Press, 1987, vii + 343 pp.

This chapter contains sections titled: The Varieties of Law and Literature Law and Fiction Hermeneutics Law as Narrative References.

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

The author is a legal and moral philosopher who has applied the insight and methods of Wittgenstein to a range of topics in constitutional law, criminal law and theories of justice. This collection aims to offer his most important and influential essays, together with an introductory essay which reviews and develops his contribution to legal and moral philosophy.

In response to arguments made by Professors Levvis, Patterson and Eisele, I attempt to clarify a few of the main themes of my book, Law's Premises, Law's Promise. Professor Levvis’ paper gives me the opportunity to contrast the status of propositions held true by disputants in legal debate with propositions held fast as bedrock convictions about the nature of reality and experience. Professor Patterson's arguments allow me to show how legal decision making as a deliberative or interpretative practice rests, as (...) all practices do, on a foundation of shared understanding (of mutually “knowing one's way about”). And Professor Eisele's remarks stimulate a discussion of the relation of conceptual analysis and the analysis of practices. (shrink)

I examine one theme within Tom Morawetz's complex jurisprudential work (stemming from Wittgenstein): the concept of a practice. After considering this theme in some detail, I then sketch a different jurisprudential approach that still proceeds within the inspiration of Wittgenstein's later philosophy. Here, I summarise Stanley Cavell's elaborate recounting of Wittgenstein's twin concepts, “criteria” and “grammar.” In a third and final section, I employ this alternative method to provide a brief example of how a Wittgensteinian approach might be made (...) towards explicating and understanding Holmes’ classic claim regarding the need in jurisprudence to separate legal and moral concepts. (shrink)

Thomas Eisele explores the premise that the Socratic method of inquiry need not teach only negative lessons. Instead, Eisele contends, the Socratic method is cyclical: we start negatively by recognizing our illusions, but end positively through a process of recollection performed in response to our disillusionment, which ultimately leads to renewal. Thus, a positive lesson about our resources as philosophical investigators, as students and teachers, becomes available to participants in Socrates' robust conversational inquiry. __Bitter Knowledge __includes Eisele's detailed readings (...) of Socrates' teaching techniques in three fundamental Platonic dialogues, _Protagoras, Meno_, and _Theaetetus_, as well as his engagement with contemporary authorities such as Gregory Vlastos, Martha Nussbaum, and Stanley Cavell. Written in a highly engaging and accessible style, this book will appeal to students and scholars in philosophy, classics, law, rhetoric, and education. "This book is original, fresh, and of very high quality, opening up these Platonic texts, central to Western culture, in new ways. In addition, it establishes a method that others can use and apply to the other dialogues. It would be a wonderful text to assign in courses in philosophy, basic humanities, education, and law." --_James Boyd White, University of Michigan_ "Through his thoughtful and incisive readings of Plato, Thomas Eisele puts Socrates in a new light. In Eisele's hands, Socrates offers us a method not simply for philosophy but for the challenges of life and mind. This superb book builds on the great readings of Plato, adding to the richness of our understanding of the enigmatic figure of Socrates. These are profound readings of Plato." --_Dennis Patterson, Rutgers University School of Law_ "Eisele's book is much more than an erudite, seductive, and imaginative exploration of three central Platonic dialogues. It is also a fine general treatment of philosophy, discussing the kind of finality or closure to which philosophical questions are susceptible and the appropriate stance of the inquirer. It considers the pedagogy of philosophy and law brilliantly." --_Thomas Morawetz, University of Connecticut School of Law_. (shrink)

Wittgenstein's distinction between understanding and interpretation is fundamental to the account of meaning in _Philosophical Investigations. In his discussion of rule-following, Wittgenstein explicitly rejects the idea that understanding or grasping a rule is a matter of interpretation. Wittgenstein explains meaning and rule-following in terms of action, rejecting both realist and Cartesian accounts of the mental. I argue that in his effort to employ Wittgenstein's views on meaning and rule-following, Professor Morawetz embraces the position Wittgenstein rejects. In the course of (...) making his case for law as a "deliberative practice", Professor Morawetz embraces interpretation as a fundamental element of human practices, thereby taking up precisely the view Wittgenstein rejects. (shrink)

Drawing deeply from Wittgenstein's later works, Thomas Morawetz has articulated a vision of legal decision making according to which it is not a defect, but inherent in the very nature of law, for there to be disagreement among judges regarding their legal decision‐making strategies. Central to Morawetz's account is the notion of a legal grammatical proposition. This essay argues that because legal grammatical remarks lack any truth‐value, they cannot play a justificatory role. This would imply that the (...) rule of law is no more justifiable than the violent alternatives used by anarchists and religious fanatics. (shrink)

Big Ideas for Little Kids includes everything a teacher, a parent, or a college student needs to teach philosophy to elementary school children from picture books. Written in a clear and accessible style, the book explains why it is important to allow young children access to philosophy during primary-school education. Wartenberg also gives advice on how to construct a "learner-centered" classroom, in which children discuss philosophical issues with one another as they respond to open-ended questions by saying whether they agree (...) or disagree with what others have said. (shrink)

v. 1. Editorial introduction -- v. 2. The English and Latin texts (i) -- v. 3. The English and Latin texts (ii).

This paper is an exposition and evaluation of the Agustín Rayo's views about the epistemology and metaphysics of mathematics, as they are presented in his book The Construction of Logical Space.

This volume is a study of the influence of Timaeus on the development of Western cosmology in three axial periods of European culture: Late Antiquity, Middle Ages and Renaissance.

Thomas Reid is now recognized as one of the towering figures of the Enlightenment. Best known for his published writings on epistemology and moral theory, he was also an accomplished mathematician and natural philosopher, as an earlier volume of his manuscripts edited by Paul Wood for the Edinburgh Reid Edition, Thomas Reid on the Animate Creation, has shown. The Correspondence of Thomas Reid collects all of the known letters to and from Reid in a fully annotated form. (...) Letters already published by Sir William Hamilton and others have been reedited, and roughly half of the letters included appear in print for the first time. Writing in 1802, Reid's disciple and biographer Dugald Stewart doubted that Reid's correspondence &"would be generally interesting.&" This collection proves otherwise, for the letters illuminate virtually every aspect of Reid's life and career and, in some instances, provide us with invaluable evidence about activities otherwise undocumented in his manuscripts or published works. Through his correspondence we can trace Reid's relations with contemporaries such as David Hume and his colleagues at both King's College, Aberdeen, and the University of Glasgow, as well as his engagement with the most controversial philosophical, scientific, and political issues of his day. If anything, the letters assembled here serve as the starting point for understanding Reid and his place in the Enlightenment. (shrink)

Thomas Hill, a leading figure in the recent development of Kantian moral philosophy, presents a set of essays exploring the implications of basic Kantian ideas for practical issues. The first part of the book provides background in central themes in Kant's ethics; the second part discusses questions regarding human welfare; the third focuses on moral worth-the nature and grounds of moral assessment of persons as deserving esteem or blame. Hill shows moral, political, and social philosophers just how valuable moral (...) theory can be in addressing practical matters. (shrink)

The word “emotion” has named a psychological category and a subject for systematic enquiry only since the 19th century. Before then, relevant mental states were categorised variously as “appetites,” “passions,” “affections,” or “sentiments.” The word “emotion” has existed in English since the 17th century, originating as a translation of the French émotion, meaning a physical disturbance. It came into much wider use in 18th-century English, often to refer to mental experiences, becoming a fully fledged theoretical term in the following century, (...) especially through the influence of two Scottish philosopher-physicians, Thomas Brown and Charles Bell. This article relates this intellectual and semantic history to contemporary debates about the usefulness and meaning of “emotion” as a scientific term. (shrink)

Nietzsche is often regarded as a paradigmatically anti-theoretical philosopher. Bernard Williams has said that Nietzsche is so far from being a theorist that his text “is booby-trapped not only against recovering theory from it, but, in many cases, against any systematic exegesis that assimilates it to theory.” Many would apply this view especially to Nietzsche’s moral philosophy. They would say that even when he is making positive normative claims, as against just criticizing existing morality, his claims have neither the content (...) nor the organization characteristic of moral theory. (shrink)

Feeling good: four ways -- Finding that feeling -- The place of pleasure -- Knowing what's what -- Making things happen -- Being good -- Love and friendship -- Putting it together.

For early modern metaphysician Anne Conway, the world comprises creatures. In some sense, Conway is a monist about creatures: all creatures are one. Yet, as Jessica Gordon-Roth has astutely pointed out, that monism can be understood in very different ways. One might read Conway as an ‘existence pluralist’: creatures are all composed of the same type of substance, but many substances exist. Alternatively, one might read Conway as an ‘existence monist’: there is only one created substance. Gordon-Roth has done the (...) scholarship a great favor by illuminating these issues in Conway. However, this article takes issue with Gordon-Roth's further view that Conway ‘oscillates’ between the extremes of existence pluralism and monism. In its place, I argue we should read Conway as a priority monist: the whole of creation is ontologically prior to its parts. (shrink)

Respect, Pluralism, and Justice is a series of essays which sketches a broadly Kantian framework for moral deliberation, and then uses it to address important social and political issues. Hill shows how Kantian theory can be developed to deal with questions about cultural diversity, punishment, political violence, responsibility for the consequences of wrongdoing, and state coercion in a pluralistic society.

Serena Olsaretti brings together new essays by leading moral and political philosophers on the nature of desert and justice, their relations with each other and with other values.