This book outlines and evaluates the principal strands of critical legal studies, and achieves much more as well.

Questions of how we claim to know the things that we know and whose claims to knowledge are treated as authoritative are inescapable in reaching legal judgments. I want to illustrate this generalization by referring to a pair of hypothetical self-defense cases that, I argue, require fact finders to judge both how “accurately” each defendant understood the situation in which he found himself and how accurately policymakers can assess the consequences of alternative legal rules.The first case I will deal with (...) is one in which the defendant shoots and kills her sleeping husband. The husband had physically abused her over a long period. While the defendant will of course acknowledge that she was in no immediate danger at the moment she killed the man, her preliminary claim is that she needed to act self-defensively at that moment for fear that she subsequently would be incapable of defending herself against life-threatening attacks that she was convinced would inevitably be made.The second case is one in which a white defendant shoots and kills a black teenager who has confronted him on the subway, in a situation in which the teenager’s “threats” were ambiguous. The shooting victim had brandished no weapon and made no physical contact with the defendant, but he had “asked” the defendant for money and, in the defendant’s mind, displayed a generally threatening demeanor. I will presuppose that this defendant—unlike Bernhard Goetz, the defendant in the notorious New York subway vigilante case on which I partly base this hypothetical model—overtly acknowledges that the race of the victim played a substantial role in his assessment of the danger of the situation. Mark Kelman, professor of law at Stanford University, is the author of A Guide to Critical Legal Studies as well as a number of articles on law and economics, taxation, criminal law, and legal theory. (shrink)

Mark Kelman’s recent book, The Heuristics Debate , has two main goals. First, it seeks to reconstruct the controversy in decision science between Kahneman et al.’s heuristics-and-biases approach and Gigerenzer et al.’s fast-and-frugal heuristics approach. Second, it tries to discuss its implications for jurisprudence and policy-making. This study focuses on the first task only. The study attempts to show that, although HD has several important merits, its interpretation of the controversy misses some crucial aspects. Specifically, HD fails to (...) appreciate that the debate is fundamentally about what a “rational” judgment is in the first place. Moreover, because of this, HD also fails to acknowledge the interplay between normative and methodological considerations. With regard to this aspect, HD’s treatment of the controversy fits into a long tradition. This study takes the opportunity to rectify the error. (shrink)

Hume's Reception in Early America: Expanded Edition brings together the original American responses to one of Britain's greatest men of letters, David Hume. Now available as a single volume paperback, this new edition includes updated further readings suggestions and dozens of additional primary sources gathered together in a completely new concluding section. From complete pamphlets and booklets, to poems, reviews, and letters, to extracts from newspapers, religious magazines and literary and political journals, this book's contents come from a wide variety (...) of sources published in colonial America and the early United States between 1758 and 1850. As well as classics by Thomas Jefferson, John Adams and Alexander Hamilton, it contains scores of unknown and hard-to-locate items, many of which have not been reprinted since their original publication. These responses are divided into four parts covering Hume's Essays; his Philosophical Writings; his History of England; and his Character and Death. Each of those parts has a separate introductory essay, and every selection is introduced by a short headnote that sets the piece in its historical context and provides bibliographical references. Packed with new insights into Hume and American thought and culture, Hume's Reception in Early America reveals the relevance and impact of Hume on American political, philosophical, historical, religious, and aesthetic debates. (shrink)

Prologue, invitation to thinking about God In the Hebrew Bible? -- Part I, questions about God? -- Why does God in the Bible have a body? -- What do God's body parts in the Bible mean? -- Why is God angry in the Bible? -- Does God in the Bible have gender or sexuality? -- Part II, questions about God in the world? -- What can creation tell us about God? -- Who-or what-is the Satan? -- Why do people suffer (...) according to the Hebrew Bible? -- Epilogue, God in the Bible and beyond. (shrink)

One of the most common policy-related messages that economists present to non-economists is the superiority of cash over in-kind transfers as a policy tool. A good deal of government policy on behalf of the poor consists, of course, of various forms of in-kind assistance, such as medical care or food stamps. However, if we wish to help the poor, the argument goes, in-kind transfers are an inferior way to do so.

This paper offers a new way to make sense of disagreement expansion from a polylogical perspective by incorporating various places in addition to players and positions into the analysis. The concepts build on prior implicit ideas about disagreement space by suggesting how to more fully account for argumentative context, and its construction, in large-scale complex controversies. As a basis for our polylogical analysis, we use a New York Times news story reporting on an oil train explosion—a significant point in the (...) broader controversy over producing oil and gas via hydraulic fracturing. (shrink)

A specific issue for argumentation theory is whether information and communication technologies play any role in governing argument — that is, as parties engage in practical activities across space and time via ICTs, does technology matter for the interplay of argumentative content and process in managing disagreement? The case made here is that technologies do matter because they are not merely conduits of communication but have a role in the pragmatics of communication and argumentation. In particular, ICTs should be recognized (...) as communication-information services that are delegated degrees of responsibility for managing disagreements arising from practical activities. These services are organized around practical theories for designing disagreement space. However, recognizing this relationship between argument and technology requires accounting for procedures, techniques, or rules and speech acts that are not argumentative propositions in any strict sense but that are consequential for what becomes argumentation in any setting. An account about designing disagreement space, grounded in Jackson and Jacobs’s theory of Disagreement Management, is put forward to address these issues while more generally contributing to understanding argument in context. (shrink)

It is time to bring the rich resources of these traditions into the contemporary debate about the nature of self. This volume is the first of its kind.

In 1956, Hans Selye tentatively suggested that the scientific study of stress could ‘help us to formulate a precise program of conduct’ and ‘teach us the wisdom to live a rich and meaningful life’. Nearly two decades later, Selye expanded this limited vision of social order into a full-blown philosophy of life. In Stress without Distress, first published in 1974, he proposed an ethical code of conduct designed to mitigate personal and social problems. Basing his arguments on contemporary understandings of (...) the biological processes involved in stress reactions, Selye referred to this code as ‘altruistic egotism’. This article explores the origins and evolution of Selye’s ‘natural philosophy of life’, analysing the links between his theories and adjacent intellectual developments in biology, psychosomatic and psychosocial medicine, cybernetics and socio-biology, and situating his work in the broader cultural framework of modern western societies. (shrink)

It is argued here that large-scale organization and networked computing enable new divisions of communicative work aimed at shaping the content, direction, and outcomes of societal conversations. The challenge for argumentation theory and practice lies in attending to these new divisions of communicative work in constituting contemporary argumentative realities. Goffman’s conceptualization of participation frameworks and production formats are applied to articulate the communicative work of organizations afforded by networked computing that invents and innovates argument in all of its senses—as product, (...) process, and procedure. Communicative work, however, may be scaffolding argumentative contexts and practices that are quite different than what has constituted past argumentative realities. The computerization of argument happens as organizations invent and innovate argument practice relative to the demands and opportunities of interorganizational communication. The cases and examples examined here suggest that argument practice is evolving around the logic of conversation and the principle of personalization. The analysis challenges argumentation theory to seriously engage with the construction of communicative contexts and the realization of ideas about disagreement management in organizational practice and information infrastructures. Directions for integrating insights from a design perspective on argument with insights from organizational and information systems theory are proposed for coming to terms with an era of large-scale organization and computerization, in particular the evolution of argument practice, the inscription of argument in the built environment, and the absorption of socio-cultural argument practices by organizations and computation. (shrink)

Since the 1960s, many artists have incorporated ecological concerns into their work, an endeavor that has required new strategies in art-making. To explore recent American manifestations of these interests, the David and Alfred Smart Museum commissioned new projects from artists Mark Dion, Peter Fend, and Dan Peterman, each focusing on interrelationships between particular organisms—human beings-and a specific group of sites—a museum building, a river landscape, and a university campus. The results, exhibited at the Smart Museum during the summer of (...) 2000, evoke the varied scales, from the microscopic to the global, at which human actions affect the environment. This catalog documents each of the artists' projects through an array of images and words: Smart Museum Associate Curator Stephanie Smith provides an introduction and brief overviews of the three projects, each of the artists contribute statements, and photographers Susan Anderson and Tom van Eynde document—in over 100 images—the processes and projects that comprise the exhibition. (shrink)

A revelatory new theory of consciousness that returns emotions to the center of mental life. For Mark Solms, one of the boldest thinkers in contemporary neuroscience, discovering how consciousness comes about has been a lifetime's quest. Scientists consider it the "hard problem" because it seems an impossible task to understand why we feel a subjective sense of self and how it arises in the brain. Venturing into the elementary physics of life, Solms has now arrived at an astonishing answer. (...) In The Hidden Spring, he brings forward his discovery in accessible language and graspable analogies. Solms is a frank and fearless guide on an extraordinary voyage from the dawn of neuropsychology and psychoanalysis to the cutting edge of contemporary neuroscience, adhering to the medically provable. But he goes beyond other neuroscientists by paying close attention to the subjective experiences of hundreds of neurological patients, many of whom he treated, whose uncanny conversations expose much about the brain's obscure reaches. Most importantly, you will be able to recognize the workings of your own mind for what they really are, including every stray thought, pulse of emotion, and shift of attention. The Hidden Spring will profoundly alter your understanding of your own subjective experience. (shrink)

Bringing together the latest scientific advances and some of the most enduring subtle philosophical puzzles and problems, this book collects original historical and contemporary sources to explore the wide range of issues surrounding the nature of life. Selections ranging from Aristotle and Descartes to Sagan and Dawkins are organised around four broad themes covering classical discussions of life, the origins and extent of natural life, contemporary artificial life creations and the definition and meaning of 'life' in its most general form. (...) Each section is preceded by an extensive introduction connecting the various ideas discussed in individual chapters and providing helpful background material for understanding them. With its interdisciplinary perspective, this fascinating collection is essential reading for scientists and philosophers interested in astrobiology, synthetic biology and the philosophy of life. (shrink)

This article examines the question of allegory in Vico. While there have been some attempts to read the New Science as an allegory, little attention has been paid to what Vico himself meant by the term ‘allegory’. In fact, Vico complicates things by referring to two types of allegory: the philosophical allegory and the true poetic allegory. While the former term refers to the mode of signification of the age of man or the third age, the latter term has to (...) do with the poetic characters that Vico ascribes to the divine or first age. Vico further emphasizes the difference between the two types of allegory by calling (or translating) the true poetic allegory “diversiloquium.” Through a careful reading of this unusual translation of the term ‘allegory’, this inquiry suggests a surprising relation between the mode of signification of poetic characters (allegory) and Vico’s philosophy of history. (shrink)

This article examines the question of allegory in Vico. While there have been some attempts to read the New Science as an allegory, little attention has been paid to what Vico himself meant by the term ‘allegory’. In fact, Vico complicates things by referring to two types of allegory: the philosophical allegory and the true poetic allegory. While the former term refers to the mode of signification of the age of man or the third age, the latter term has to (...) do with the poetic characters that Vico ascribes to the divine or first age. Vico further emphasizes the difference between the two types of allegory by calling (or translating) the true poetic allegory “diversiloquium.” Through a careful reading of this unusual translation of the term ‘allegory’, this inquiry suggests a surprising relation between the mode of signification of poetic characters (allegory) and Vico’s philosophy of history. (shrink)

Plant protection problems are simulated by a system of ordinary differential equations with given initial conditions. The sensitivity and resistance of pathogen subpopulations to fungicide mixtures, fungicide weathering, plant growth, etc. are taken into consideration. The system of equations is solved numerically for each set of initial conditions and parameters of the disease and fungicide applications. Optimization algorithms were investigated and a computer program was developed for optimization of these solutions. 14 typical cases of the disease were simulated and optimized (...) in order to determine optimal fungicide treatments. The optimized strategy for fungicide application differs considerably from the commonly used method and seems to be an important new principle in plant protection. The approach developed in this study may be useful for a wide spectrum of purposes in the simulation of leaf diseases. It may also help the biologist to decrease or pinpoint experimental work and analyze its results and is perspective for plant disease control. (shrink)

SummaryThe meaning of the term “health” is properly the subject of social, rather than natural, investigation. The structure of modern industrial capitalist society appears to materially and unavoidably produce a meaning of “health” intrinsically involving substantially preventable disease. Because in such a society private investment responds to cyclical and geographic fluctuations in rates of return and competitive labor markets, much of the disease structure (heart disease, stroke, kidney failure, and cancer, among others) encompasses diseases which captive citizens cannot afford to (...) do without. To prevent those diseases through environmental and workplace cleanup, full employment and geographic capital stability is to drive away the very private capital on which economic life is based. Consequently, those diseases are as intrinsic to modern capitalist society as the law of supply and demand and are, therefore, a characteristic component of the meaning of “health,” the socially optimum level of organismic condition, in this epoch. A necessary condition for the emancipation of “health” from socially preventable disease would appear to be the social, rather than private, control of production and accumulation. (shrink)

While comparative literature is often called a discipline in crisis, it is just as often charged with the responsibility to see into the future. But why has comparative literature been give...

A Clearly argued and easy to read defense of Karl Popper's philosophy.

Scientists have recently discovered a new law of nature. Its footprints are virtually everywhere - in the spread of forest fires, mass extinctions, traffic jams, earthquakes, stock-market fluctuations, the rise and fall of nations, and even trends in fashion, music and art. Wherever we look, the world is modelled on a simple template: like a steep pile of sand, it is poised on the brink of instability, with avalanches - in events, ideas or whatever - following a universal pattern of (...) change. This remarkable discovery heralds what Mark Buchanan calls the new science of 'ubiquity', a science whose secret lies in the stuff of the everyday world. Combining literary flair with scientific rigour, this enthralling book documents the coming revolution by telling the story of the researchers' exploration of the law, their ingenious work and unexpected insights. Mark Buchanan reveals how the principle of ubiquity will help us to manage, control and predict the future. More controversially, he claims that it may well contain the beginnings of a mathematics of cultural and historical change. Every decade sees a major scientific breakthrough that has implications that go way beyond science. 'Ubiquity' is one of them. This book, the world's first on the topic, will change how we think about the world and our place in it. Chaos Disorder from order. Complexity Complexity from simplicity. UBIQUITY World has a natural 'rhythm': there is a mysterious archetypal organisation that works in the world at all levels and which gives rise to a universal pattern of change - in groups of people, things or ideas. (shrink)

Everyone wants to be virtuous, but recent psychological investigations suggest that this may not be possible. Mark Alfano challenges this theory and asks, not whether character is empirically adequate, but what characters human beings could have and develop. Although psychology suggests that most people do not have robust character traits such as courage, honesty and open-mindedness, Alfano argues that we have reason to attribute these virtues to people because such attributions function as self-fulfilling prophecies - children become more studious (...) if they are told that they are hard-working and adults become more generous if they are told that they are generous. He argues that we should think of virtue and character as social constructs: there is no such thing as virtue without social reinforcement. His original and provocative book will interest a wide range of readers in contemporary ethics, epistemology, moral psychology and empirically informed philosophy. (shrink)

In The Politics of Exodus, Mark Dooley offers a lively interpretation of Kierkegaard as a precursor of the ethical and political insights of Jacques Derrida. While many connections have been forged in recent years between these two quintessentially "Continental" figures, Dooley's book argues that these affiliations run much deeper than any previous commentators have suggested. Indeed, his most controversial claim is that Kierkegaard is anything but a proponent of asocial individualism, but is one whose writings bear witness to the (...) notion of an "open quasi-community" which has driven much of Derrida's work over the past decade. In vigorously challenging conventional wisdom surrounding the place of Kierkegaard in contemporary thought and political theory, Dooley shows how powerfully postmodern and politically charged the latter's specifically 'religious' ideas are. As such, Kierkegaard ought to be read as someone who anticipated Derrida's claim that genuine responsibility in the political sphere depends upon a phophetic call for justice on behalf of the least among us. will appeal to anyone interested in the intersection of religion and postmodernism, as well as to those with interests in ethics and politics from a Continental perspective. It will undoubtedly change the way we read Kierkegaard in the new millennium. (shrink)

This book initiates a conversation between the two traditions showing how concepts and tools drawn from one philosophical tradition can help solve problems ...

In The Psychologizing of Modernity, Mark Jarzombek examines the impact of psychology on twentieth-century aesthetics. Analysing the interface between psychology, art history and avant-gardist practices, he also reflects on the longevity of the myth of aesthetic individuality as it infiltrated not only avant-garde art, but also history writing. The principal focus of this study is pre-World War II Germany, where theories of empathy and Entartung emerged; and post-war America, where artists, critics and historians gradually shifted from their reliance on (...) psychology to philosophy, and, most recently, to theory. Included are discussions of writers such as Heinrich Wölfflin, Ludwig Volkmann, John Dewey, Vincent Scully and Richard Arnheim, among others. The Psychologizing of Modernity is a broad and erudite study of the evolution of modern aesthetic thinking in the fields of art and architectural history. (shrink)

The principle of gratuitous suffering -- The value of humans and the value of animals -- The holocaust of factory farming -- Hunting -- Animal experimentation -- The law and animals -- Women and animals.

In this largely antimetaphysical treatment of free will and determinism, Mark Balaguer argues that the philosophical problem of free will boils down to an open scientific question about the causal histories of certain kinds of neural events. In the course of his argument, Balaguer provides a naturalistic defense of the libertarian view of free will. The metaphysical component of the problem of free will, Balaguer argues, essentially boils down to the question of whether humans possess libertarian free will. Furthermore, (...) he argues that, contrary to the traditional wisdom, the libertarian question reduces to a question about indeterminacy--in particular, to a straightforward empirical question about whether certain neural events in our heads are causally undetermined in a certain specific way; in other words, Balaguer argues that the right kind of indeterminacy would bring with it all of the other requirements for libertarian free will. Finally, he argues that because there is no good evidence as to whether or not the relevant neural events are undetermined in the way that's required, the question of whether human beings possess libertarian free will is a wide-open empirical question. (shrink)

"Application of the possibilities for this renewal of temperance comes with an examination of how emotion will help moral deliberation in the clinical practice of medicine. Sir William Osler (1849-1919) and his doctrine of aequanimitas is greatly misunderstood to be the founder of emotional detachment in physician/patient relations. This book offers the most detailed look at aequanimitas in print and equates it with a normative view of temperance as a moral virtue." "For upper-level undergraduate and graduate-level students interested in ethics, (...) bioethics, and moral psychology; Oslerians; and students of Aristotle's and Aquinas' views of the moral virtues."--BOOK JACKET. (shrink)

According to what one might label the traditional view of proof in mathematics, proofs have the following characteristics. They are knowable a priori, the knowledge they provide is certain, rather than merely probable, they are surveyable, and, because of these other features, a mathematical proof is convincing to one who understands it. Opponents of this view typically drew their motivation not from the study of mathematics, but rather from a more general antipathy to apriority in epistemology and necessity in metaphysics (...) (Mill, Putnam and Quine all spring to mind here). Tymoczko (1979) provides a different sort of challenge, taking as its cue a development within mathematics itself, rather than being based on philosophical scruples over apriority or necessity. (shrink)

This volume of new essays provides a comprehensive and structured examination of Kant's justification of norms, a crucial but neglected theme in Kantian practical philosophy.

Belief in substance dualism, the idea that mind and matter are two different kinds of substances, has been found to be a strong predictor of belief in free will. Why? Here, we test whether believing that mind and matter are different kinds of substance correlates with differences in how people think of free will and/or differences in how people interpret the scenarios used to test their conceptions. We provided participants (N = 515) with two hypothetical scenarios where the world was (...) presented either as deterministic or not and asked them whether they thought that a given decision could be free in that world. Incompatibilist free will requires that determinism, the idea that at any instant only one possible future can follow from the state of the world, is false. Compatibilists hold that free will is possible even if determinism is true. In this study, we investigate if substance dualists are more compatibilist. We find that they are not, and that both dualists and physicalists agree that free will is incompatible with determinism. In addition, we show that dualists and physicalists are equally likely to commit bypassing, i.e., to misinterpret determinism as excluding mental causation. We also show that dualists have a stronger tendency to commit intrusion, i.e., to misinterpret determinism by importing indeterministic metaphysics into their interpretation of deterministic descriptions. (shrink)

Collective action problems lie behind many core issues in ethics and social philosophy—for example, whether an individual is required to vote, whether it is wrong to consume products that are produced in morally objectionable ways, and many others. In these cases, it matters greatly what we together do, but yet a single individual’s ‘non-cooperative’ choice seems to make no difference to the outcome and also seems to involve no violation of anyone’s rights. Here it is argued that—contrary to influential arguments (...) by Peter Singer, Alastair Norcross, Shelly Kagan, Derek Parfit, and Allan Gibbard—an appeal to the expected consequences of acts cannot deliver plausible verdicts on many of these cases, because individuals often have a probability of making a difference that is sufficiently small to ensure that ‘non-cooperation’ is the option with the greatest expected value, even when consequentialists themselves agree that ‘cooperation’ is required. In addition, an influential argument by Singer, Norcross, and Kagan is shown to be unsound for the claim that in the collective action situations at issue, the expected effect of one individual’s action equals the average effect of everyone’s similar actions. These results have general implications for normative theory, because they undermine the sort of consequentialist explanation of collective action cases that is initially attractive from many theoretical points of view, consequentialist and otherwise. (shrink)