ABSTRACTIn this paper I reassess the place of Plato’s Laws in the history of legal thought. The Laws has been traditionally considered to present a natural law theory of law. I argue instead that it presents a positivist account of the nature of law. Through analysis of some key passages of the Laws I argue that in that dialogue law is identified with conclusions of enkratic civic reason that may systematically conflict with precepts of substantive moral reason. I also argue (...) that in the Laws the rule of law is a precondition of a legal system but lacks inherent moral significance. For the rule of law to obtain there needs to be some compromise between the political interests of rulers and subjects which is grounded on political pragmatism and not on moral considerations. (shrink)

In comparison to the speech of the Laws, the dialectic between Crito and Socrates at the beginning of theCritohas received little attention. In this paper I argue that it contains an important philosophical message. It illustrates that the many's failure to follow Socrates' principles, like his principle of non-retaliation, is due to the intrinsic fragility of true beliefs. Though the many can understand Socrates' values and may accept his principles if he argues with them long enough, they may fail to (...) hold on to his principles when confronted with the difficulties of life. Crito's failure to deliberate Socratically at the beginning of theCritoexemplifies the many's predicament. (shrink)

In this article I propose a new interpretation of Aristotle’s arguments about the authority of the many at Politics III 11, 1281a40–b21. It consists of the following main tenets. First, the multitude that Aristotle refers to in his arguments should be understood on the model of the multitude which rules in polities and the members of which are accomplished in only a part of political excellence, namely, military excellence. Second, the best citizens with whom he compares that multitude in his (...) arguments do not possess complete political excellence but rather the highest degree of military excellence among their fellow citizens in a polity. Third, the members of that multitude are collectively superior to the best citizens in making decisions about political particulars, for example, decisions about specific policies. Fourth, their superiority can be explained by reference to the fact that they collectively possess superior experience than the best citizens, though they have individually and collectively inferior political understanding. Finally, their collective superiority in making political decisions is the outcome of the aggregation of their individual political judgements that are based on experience rather than the outcome of some form of public deliberation that enables them to grasp the political reasons which support their decisions. (shrink)

In this paper I address the issue of the normativity of instrumental rules (for example, legal rules). On the one hand, I criticize Scott Shapiro's of instrumental rule-following according to which instrumental rules have motivational clout qua rules: the agent conforms to them simplybecause they are rules. On the other, I argue for a purely epistemic account of instrumental rule-following. According to this account, instrumental rules inform the agent which action she is required to perform but do not get her (...) to act. Rather the agent is motivationally guided by the reasons for which she adopted the instrumental rules. (shrink)

What do exclusionary reasons exclude? This is the main issue I address in this article. Raz appears to endorse what I label the “motivational” model of exclusionary reasons. He stresses that within the context of his theory of practical reasoning, exclusionary reasons are reasons not to be motivated by certain first-order reasons (namely, the first-order reasons which conflict with the first-order reasons that the exclusionary reasons protect). Some of his critics take him to be committed to another model of exclusionary (...) reasons which I label the “consideration” model. According to this model exclusionary reasons are reasons not to consider or think of the conflicting first-order reasons. I argue that Raz's account of the exclusionary function of decisions suggests a third model of exclusionary reasons which I label the “reconsideration” model. In the reconsideration model, exclusionary reasons are reasons not to reconsider the balance of first-order reasons. In this article I show how the reconsideration model differs from both the motivational and the consideration model and how it can account for the exclusionary function not only of decisions but also of personal rules and authoritative directives. (shrink)

In this article I analyze the speech of the Laws in Plato’s Crito from a jurisprudential perspective. More specifically I explore the Laws’ views about the authority of law. I offer new interpretations of their famous ‘persuade or obey’ alternative and of their arguments about their superior moral status and the agreements of the citizens with them. I also explore the rather neglected topic of the mental attitude towards their authority that they demand from the citizens and conclude with a (...) discussion of their understanding of the relation between law and morality. I approach the speech of the Laws as a historian of legal thought and try to locate their arguments firmly within both the context of the ancient Athenian legal system and the context of Platonic philosophy. (shrink)

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled (...) by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. (shrink)

Causation appears to present us with an interpretative difficulty. While arguably a redundant relation given fundamental physics, it is nevertheless apparently pragmatically indispensable. This chapter revisits certain arguments made previously by the author for these claims with the benefit of hindsight, starting with the role of causal models in the human sciences, and attempting to explain why it is not possible to straightforwardly ground such models in fundamental physics. This suggests that further constraints, going beyond physics, are needed to legitimate (...) such models. These supplementary constraints could be reified, but that would seem to conflict with the completeness of physics. A response is to emphasize the practical role of causal talk, and the author suggests that a fictionalist approach might be worth exploring. After clarifying fictionalism as a general approach, they carry out in some detail the project of clarifying what a fictionalist attitude to causation would involve. (shrink)

Early work on the frequency theory of probability made extensive use of the notion of randomness, conceived of as a property possessed by disorderly collections of outcomes. Growing out of this work, a rich mathematical literature on algorithmic randomness and Kolmogorov complexity developed through the twentieth century, but largely lost contact with the philosophical literature on physical probability. The present chapter begins with a clarification of the notions of randomness and probability, conceiving of the former as a property of a (...) sequence of outcomes, and the latter as a property of the process generating those outcomes. A discussion follows of the nature and limits of the relationship between the two notions, with largely negative verdicts on the prospects for any reduction of one to the other, although the existence of an apparently random sequence of outcomes is good evidence for the involvement of a genuinely chancy process. (shrink)

Atheists are frequently demonized as arrogant intellectuals, antagonistic to religion, devoid of moral sentiments, advocates of an "anything goes" lifestyle. Now, in this revealing volume, nineteen leading philosophers open a window on the inner life of atheism, shattering these common stereotypes as they reveal how they came to turn away from religious belief. These highly engaging personal essays capture the marvelous diversity to be found among atheists, providing a portrait that will surprise most readers. Many of the authors, for example, (...) express great affection for particular religious traditions, even as they explain why they cannot, in good conscience, embrace them. None of the contributors dismiss religious belief as stupid or primitive, and several even express regret that they cannot, or can no longer, believe. Perhaps more important, in these reflective pieces, they offer fresh insight into some of the oldest and most difficult problems facing the human mind and spirit. For instance, if God is dead, is everything permitted? Philosophers without Gods demonstrates convincingly, with arguments that date back to Plato, that morality is independent of the existence of God. Indeed, every writer in this volume adamantly affirms the objectivity of right and wrong. Moreover, they contend that secular life can provide rewards as great and as rich as religious life. A naturalistic understanding of the human condition presents a set of challenges--to pursue our goals without illusions, to act morally without hope of reward--challenges that can impart a lasting value to finite and fragile human lives. Collectively, these essays highlight the richness of atheistic belief--not only as a valid alternative to religion, but as a profoundly fulfilling and moral way of life. "This Atheists R Us compilation differs markedly in tone from Hitchens and Dawkins. Excellent fare for Christian small groups whose members are genuinely interested in the arguments raised by atheists." --Christianity Today "Readable, personal, and provocative.... Contrary to the popular image, atheism isn't all rebellious trumpets and defiant drums.... Here we have all the varieties of unreligious experience, a full symphony of unbelief." --Free Inquiry "Compelling and sophisticated arguments that religious people ought to confront." --Tikkun. (shrink)

_Philosophy of Probability: Contemporary Readings_ is the first anthology to collect essential readings in this important area of philosophy. Featuring the work of leading philosophers in the field such as Carnap, Hájek, Jeffrey, Joyce, Lewis, Loewer, Popper, Ramsey, van Fraassen, von Mises, and many others, the book looks in depth at the following key topics: subjective probability and credence probability updating: conditionalization and reflection Bayesian confirmation theory classical, logical, and evidential probability frequentism physical probability: propensities and objective chances. The book (...) features a useful primer on the mathematics of probability, and each section includes an introduction by the editor, as well as a guide to further reading. A broad-ranging and highly accessible exploration of the subject, _Philosophy of Probability_ is ideal for any student of formal epistemology, philosophy of science, metaphysics, or philosophy of mathematics. (shrink)

This chapter discusses fundamental problems and prospects for ethical naturalism. Section 1 explains what is meant by “ethical naturalism” and surveys different versions of the view. Section 2 discusses the central philosophical challenge to ethical naturalism, viz., the “Normativity Objection.” Section 3 offers a battery of responses to it on behalf of the ethical naturalist. Section 4 explores a promising and novel approach to ethical naturalism, viz., a moral nativist theory that that combines a Chomskian approach to moral competence with (...) a structuralist metaphysics. (shrink)

Le statut de Pierre Bayle dans l'histoire des idées philosophiques et religieuses de l'époque classique a changé du tout au tout. D'observateur, il est devenu, dans l'historiographie actuelle, un acteur majeur dans les débats philosophiques, religieux et politiques de son époque, dont les écrits nourriront la réflexion des philosophes clandestins qui fondent les Lumières radicales. Ce volume d'études contribue à cette nouvelle interprétation du statut et de la portée du rationalisme de Bayle.

Pascal founds his interpretation of the Augustinian doctrine of the corruption of human nature on a philosophy of faith inherited from Montaigne: « we are Christians in just the same way as we are Périgordians or Germans » (Essais, II, 12) : this conception of « human faith » is analysed, in turn, by means of concepts drawn from Descartes (passion) and Gassendi (imagination). He thus leads us to a very modern conception of « human faith » – without grace (...) – as being the product of education and habit, a « sentiment » like so many others. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response 2: “Pessimism of the Intellect, Optimism of the Will”Antonis BalasopoulosLet me begin with a few words on my title, which was chosen as reflecting the nature of the orientation of my work in the field of utopian studies and therefore also of my orientation toward the theme of this roundtable. As Francesca Antonini puts it in a recent essay, the phrase, which became associated with the work of (...) Antonio Gramsci though it originates in Romain Rolland, describes “the (seemingly contradictory) coexistence of a realistic description of the status quo, on the one hand, and a genuine commitment to the possibility of transforming reality, on the other.”1Anyone who has read Thomas More’s Utopia knows that Rolland’s and Gramsci’s formula very much describes that book’s bifurcation between a voice of relentless critique of what exists in Europe—and particularly in England—in More’s time (in Book 1) and a voice preoccupied with the description of an alternative, and arguably better, world (in Book 2). This bifurcation, it is equally well known, is part of the genetic material More’s book bequeathed to its successors, so that one calls a “utopia” a (mostly, though not always) literary text, where the “realistic description of the status quo” coexists with a vision arising out of a “commitment to the possibility of transforming reality”—admittedly in different admixtures and proportions of [End Page 544] the critical or negative and the anticipatory, projective or prefigurative elements. Though Ernst Bloch’s distinction between “cold” and warm” streams within Marxism is not identical to this first binary, it is certainly related to it, so that the “cold” stream is one that privileges the rational and analytical element (usually, I would propose, in relation to the part of the Marxist tradition we know as “critique of political economy”), while the “warm stream” is one that rather foregrounds that which relates to affect, to desire, hope, or fidelity to the transformative project (these are frequently correlated to those elements of Marxism that correspond to its also being a political and philosophically imbued creed).2 What follows here, then, explores the implications of the dialectical interplay between these two sets of oppositions—and hopefully justifies such insistence on dialectic itself.3To the extent that I can see, the basic themes and areas of concentration in my colleagues’ essays involve decolonizing utopian studies as a project; addressing, in that connection, the heterogeneity of utopianisms that emerge out of a number of marginalized subjectivities; the provenance of the questions of ecology, sustainability, animal life for the present and future of utopian studies (and to some degree, for utopianism’s past); and finally, the question of utopian forms of social activism and therefore also the search for spaces beyond the walls of academic insularity. These are important and largely interconnected questions, but I am afraid I will only have the space to touch on them briefly and sketchily here.In her cogent and multifaceted intervention, Caroline Edwards begins her reflections on the task of decolonizing utopian studies by noting the high investment of fin-de-siècle utopian fiction in notions of industrial progress, noting that such notions have involved “lasting damage” for “Black writers, artists, and thinkers.” Within this framework, she evokes Joseph R. Winters’s argument that “modern notions of progress and freedom are inherently flawed,” since they are founded on the oppressive traditions of capitalism and colonialism. In turn, this leads to an argument against the teleological futurism of most nineteenth-century utopias and in support of the deconstruction of “the idea of historical progress unfolding in Hegelian dialectical stages.” What is to replace this is a hauntological (after Derrida) conception of the relation between the present and the past, for which “the present is always a site of potential breaks and ruptures that can signify both dislocation and pain as well as novelty and possibility.” In a similar vein, Heather Alberro questions the teleological futurism of an earlier tradition of utopia, evoking Laurence Davis’s observation on the importance of [End Page 545] “neglected or suppressed possibilities for qualitatively better forms of life” within the “Now.” The desideratum is, again... (shrink)

La question du nihilisme a une longue histoire. Elle émerge au sein de l'idéalisme allemand, se déploie ensuite dans l'intelligentsia et la littérature russes, puis trouve chez Nietzsche et Heidegger ses explorations les plus influentes. Si le mot semble moins courant depuis un demi-siècle -- comme d'autres termes aussi chargés, pensons à celui d'aliénation -- les enjeux qu'il soulève demeurent toutefois au cœur de la pensée contemporaine. Les risques environnementaux nourrissent d'ailleurs plus que jamais l'inquiétante intuition que de puissantes dynamiques (...) de dévalorisation du réel sont à l'œuvre dans les sociétés modernes. Ces douze essais, qui font largement entendre la voix d'une nouvelle génération, n'ont pourtant pas pour but de défendre une thèse commune. Ils explorent plutôt les multiples aspects du nihilisme et se confrontent à ses grandes interprétations. Sont ainsi proposées autant de pistes pour rejoindre les débats sur le capitalisme, la technique, l'éducation, le patriarcat, le roman ou la démocratie. Pluralité revendiquée, qui illustre néanmoins un même ancrage dans les défis du monde actuel. (shrink)

Despite the readily available discussion on counseling supervision models for over a quarter of a century, there is little attention in the literature with respect to how developmental supervision models align with existential philosophy. One model, The Integrated Developmental Model (IDM), is a robust and well-accepted model of supervision with embedded undertones of existentialism requiring scholarly discussion. The primary goal of this article is to emphasize the parallels between the IDM and Sartre’s philosophical principles of existentialism thereby creating a meaning (...) making framework for supervisors to enhance developmental growth of their supervisees. (shrink)

In order to understand what we are talking about when we talk about joint attention, I will scrutinize how the mainstream view that builds on representational and intentionalist theories of mind is constituted. My aim is to show that much of the theory of joint attention is quite narrowly constructed and comes with tacit disciplinary biases that exclude much of what is existentially important in our practices of sharing our perceptions and guiding others to attend to the world in novel (...) ways. By using the frameworks of classical phenomenology and enactivist theories of mind, I aim to show how we, in our interactions, share our perceptions even with beings that are distinctly different from us. And, that this _difference_ in our personal worldview, our cognitive capacities, and our sensory modalities should be seen as a constitutive aspect of our practices of shared attention. I will articulate attention as a revelatory practice that aids us in discovering a shared world through the plurality, rather than similarity, of our perceptual actions. Attention is, in this sense, not solely driven by subjective intentions; it is also formed and co-constituted by my being addressed by the other. (shrink)

This chapter contains section titles: Abilities Concepts Conclusion.

Epistemological internalists have a problem about perceptual knowledge: how can perceptual experience both provide faithful information about the external world and justification for empirical belief? This is Sellars’s famous problem about “the given.” Chapter 12 argues, first, that this problem is not just for internalists—a version of it arises for naturalistic externalists. But, second, it argues that the problem can be solved within naturalistic bounds, by appealing to a category of causal relations called “intelligible causation.”.

De bijdragen in deze bundel zijn een uitwerking van een symposium over Erasmus (1467/69-1536), georganiseerd door Driestar hogeschool naar aanleiding van zijn vijfhonderd jaar geleden verschenen Griekse editie van het Nieuwe Testament. Deze Bijbeltekst gold eeuwenlang als de standaard. Verschillende vertalingen zijn hierop gebaseerd, waaronder de Statenvertaling. Erasmus hield zich verder intensief bezig met de vraag hoe de religieuze verdeeldheid kon worden opgeheven. Zijn opvattingen over opvoeding en onderwijs blijken ook invloedrijk onder gereformeerde pedagogen in de zeventiende eeuw. De auteurs (...) illustreren niet alleen Erasmus? veelzijdigheid en zijn betekenis als christenhumanist, maar schenken ook aandacht aan zijn onderbelicht gebleven invloed binnen de protestants-christelijke traditie. (shrink)

Discussions of the object as a key to understanding central aspects of modern and contemporary art. Artists increasingly refer to "post-object-based" work while theorists engage with material artifacts in culture. A focus on "object-based" learning treats objects as vectors for dialogue across disciplines. Virtual imaging enables the object to be abstracted or circumvented, while immaterial forms of labor challenge materialist theories. This anthology surveys such reappraisals of what constitutes the "objectness" of production, with art as its focus. Among the topics (...) it examines are the relation of the object to subjectivity; distinctions between objects and things; the significance of the object's transition from inert mass to tool or artifact; and the meanings of the everyday in the found object, repetition in the replicated or multiple object, loss in the absent object, and abjection in the formless or degraded object. It also explores artistic positions that are anti-object; theories of the experimental, liminal or mental object; and the role of objects in performance. The object becomes a prism through which to reread contemporary art and better understand its recent past. Artists surveyed include Georges Adéagbo, Art in Ruins, Iain Baxter, Louise Bourgeois, Pavel Büchler, Lygia Clark, Claude Closky, Brian Collier, Jimmie Durham, Fischli & Weiss, Luca Frei, Meschac Gaba, Isa Genzken, Gruppe Geflecht, Eva Hesse, Mike Kelley, John Latham, Antje Majewski, Gustav Metzger, Cady Noland, Gabriel Orozco, Adrian Piper, Falke Pisano, Eva Rothschild, Aura Satz, Kenneth Snelson, Hito Steyerl, Josef Strau, Alina Szapocznikow, Joëlle Tuerlinckx, Erwin Wurm Writers include Homi K. Bhabha, Jack Burnham, Ewa Lajer-Burcharth, Lynne Cooke, Gillo Dorfles, Jean Fisher, Ferreira Gullar, Charles Harrison, Paulo Herkenhoff, Julia Kristeva, Bruno Latour, Bracha Lichtenberg-Ettinger, Jean-François Lyotard, Lev Manovich, Ursula Meyer, Bruno Munari, Georges Perec, Hans-Jörg Rheinberger, Dieter Roelstraete, Howard Singerman, Nancy Spector, Marcus Steinweg, Anne Wagner, Gérard Wajcman, Slavoj Zizek. (shrink)

L'anthropologie pascalienne de la "misère de l'homme sans Dieu" frappe par sa pertinence : aucun apologiste chrétien n'a exprimé avec tant de justesse le point de vue d'un incroyant sur le monde et sur sa propre nature. C'est le point de départ de son argumentation apologétique, que cet ouvrage suit pas à pas, en précisant ses sources cartésiennes et gassendistes, en examinant le statut du sentiment et en restituant la cohérence de la foi de la "seconde nature". Les Pensées constituent (...) l'expression complexe d'une philosophie chrétienne et la cohérence de l'argumentation représente un témoignage privilégié sur le libertinage tel que Pascal le concevait. Le profil intellectuel de son libertin apparaît entre les lignes de l'argumentation apologétique."--Page 4 of cover. (shrink)

Can humans acquire knowledge of ultimate reality, even significant or comprehensive knowledge? I argue that for all we know we can, and that is so whether ultimate reality is divine or non-divine. My strategy involves arguing that we are ignorant, in the sense of lacking public or shared knowledge, about which possibilities, if any, obtain for humans to acquire knowledge of ultimate reality. This follows from a deep feature of our epistemic situation—that our current psychology strongly constrains what we can (...) conceive about the extent to which human intellectual and other psychological capacities might develop in the future. This mean that many possibilities for such development remain open to us epistemically, including the possibility that we might come to understand vastly more about ultimate reality than we currently do, even if ultimate reality is divine. I also argue that there is room to rationally hope that that is so. (shrink)

In Bangladesh due to improved quality of life the number of people over 60 years is increasing rapidly. This should be seen as an emerging challenge as the elderly will have special needs and require different care-giving services. Since Bangladesh does not have a social welfare system there will be competition for inadequate resources specially health and medical services. It is envisaged that due to more elderly population the demographic structure will undergo a slow change from the present pyramid structure. (...) The growing trend towards nuclear family or where children live abroad will put the elderly parents in a dilemma-the financial and social support that is essential for them has not yet emerged. The nutrition and health status of elderly people depend on adequate food safe water, proper sanitation facilities and maintaining hygienic standards. To provide special medical care for the elderly there is a need to establish WHO recommended Age-Friendly Primary Health Care centers and separate wards /units are to be set up in the hospitals. To reduce vulnerability of older women there is a need to distribute assets and properties according to the law.. Our new generations have to be responsive, informed and attentive about their duties and responsibilities towards the elderly people. Taking proper care of the elderly is our ethical duty and responsibility. (shrink)

This is the book on bushido, the much-cited but widely misrepresented samurai code of honour. Drawing on authentic historical texts, it is a detailed and accurate exploration of medieval life in Japan and the samurai, a must-have for anyone with a love of martial arts or Japanese history. This is the go-to volume on bushido ("the way of the warrior"), drawing on a wide range of historical sources to paint a vivid picture of the samurai in action and separating the (...) truth from the myth of samurai chivalry. It offers a long-overdue update to the attractive but inaccurate portrait of the samurai painted in Bushido: The Soul of Japan, which has been a bestseller ever since its publication in 1905, and the equally idealistic Hagakure (c.1716). In The Book of Bushido, Antony explores the reality of warrior behaviour versus the idealistic depiction created for an Edwardian audience by the author of Bushido: The Soul of Japan. He reveals the truth of how the samurai really behaved and of what they considered to be a warrior ethos. He replaces the image of the perfect eastern warrior with the much more interesting reality of hardened, bloodstained military leaders with human failings and a complex set of ideas about the world, who engage in ritual, magic and ceremony, who lead their followers in war and peace and who, above all, are fighting a battle between addiction to power and morality. This is the story of bushido – the way of the samurai. (shrink)

Des que Ramon Llull va morir fa més de set-cents anys, sempre ha estat present, d’una manera o altra, en la cultura occidental. Fi­lòsofs, teòlegs, historiadors o, fins i tot, arquitectes i científics han partit del seu pensament per a construir noves teories i proveir-se d’eines de treball. Malgrat això, com tot gran personatge, també ha tingut detractors que s’han oposat amb vehemència a la divul­gació dels seus llibres i han arribat a demanar-ne la prohibició. Les aportacions aplegades en El (...) llegat de Ramon Llull mostren vessants diferents tant de l’obra del pensador mallorquí com de la difusió del lul·lisme, en una visió que comprèn múltiples discipli­nes i que obre noves perspectives d’anàlisi. (shrink)