This volume contains the editions of polemical texts by Erasmus against Martin Luther and Pierre Cousturier, of his defence against attacks on his oration on matrimony (and celibacy), and of his immensely popular ‘pocket’ edition of the _Disticha Catonis_.

Two recent studies by Parisi et al.1 and Ranz et al.,2 catalogue sex differences in gene expression across the whole genome of the fruit fly Drosophila melanogaster. Both report striking associations of sex‐biased gene expression with the X chromosome. Genes with male‐biased expression are depauperate on the X chromosome, whereas genes with female‐biased expression show weaker evidence of being in excess. A number of evolutionary hypotheses for the expulsion or exclusion of male‐biased genes from the X chromosome have been suggested. (...) None is entirely consistent with the available evidence. BioEssays 25:739–741, 2003. © 2003 Wiley Periodicals, Inc. (shrink)

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Christian Ethics in a Technological Age by Brian BrockDavid W. GillChristian Ethics in a Technological Age Brian Brock Grand Rapids, Mich.: Eerdmans, 2010. 408 pp. $34.00Brian Brock is a lecturer in moral and practical theology at the University of Aberdeen, Scotland, and the author of Singing the Ethos of God: On the Place of Christian Ethics in Scripture (Eerdmans, 2007). Christian Ethics in a Technological [End Page 188] (...) Age was originally Brock’s doctoral thesis at King’s College, London. Brock begins by highlighting and finding wanting the modern practice of “technology assessment” as epitomized in the establishment of the US Office of Technology Assessment in 1972. We live in a world, a milieu, of ever-multiplying new technologies and technological artifacts. “Technology assessment” attempts to evaluate their impacts as thoroughly as possible through scientific, managerial methods. Costs and benefits, benefits and harms, short-term and long-term, near and distant effects: how can we measure what we know and extrapolate to what we need to know?In part 1 Brock engages in some detail the thinking of Martin Heidegger, George Grant, and Michel Foucault on technology. Although Heidegger and Foucault in particular are not ultimate authorities for Brock, his chapters on their work provide a helpful philosophical critique of the inadequacies of today’s narrow managerial approaches to technological assessment. The real problems lie much deeper: in the ways technology reflects and restructures our whole way of thinking about life, materiality, subjects and objects, and means and ends.Having used Heidegger, Grant, and Foucault to unmask the complex reality of technology in the modern era, Brock turns in part 2 to Augustine, Karl Barth, and Bernd Wannenwetsch to try to build a Christian theological ethics of technology and work that will, in the end, provide a richer texture for our interactions with the questions raised by new technologies. In briefest terms, he argues that our questions and judgments about technology should arise within the church gathered for worship rather than within the management team gathered for measurement of effects. It could be said that in the former it is God who questions technology whereas in the latter technology and its servants constitute an implicit challenge to God and the world external to themselves.Brock’s study will be of particular interest to students of his primary six sources: Heidegger, Grant, Foucault, Augustine, Barth, and Wannenwetsch, whose ideas and quotations dominate the pages of this book. Without any doubt Christian Ethics in a Technological Age is a significant work that deserves careful consideration in graduate seminars and among specialists in the field; nonetheless, I have three criticisms. First, the work would have been much stronger if it demonstrated awareness and understanding of the work of Jacques Ellul, Carl Mitcham, Albert Borgmann, and other leading thinkers in this arena. Second, Brock’s writing style (long, complex Germanic sentence structures, eccentric vocabulary choices such as the recurrent use of “purchase”) gets in the way of successful communication—especially with the very managers and technologists he presumably would like to influence. Third, while sympathizing with his rejection of managerial formulas for analysis, some much more concrete and practical counsel on the implications of his position would have been [End Page 189] helpful. How do trust and trustworthiness get reestablished? How does a worshipping congregation hear God’s guidance about its particular engagements with technologies? We have some eloquent statements of the concepts but little by way of illustration or example.David W. GillGordon-Conwell Theological SeminaryCopyright © 2013 Society of Christian Ethics... (shrink)

Do our lives have meaning? Should we create more people? Is death bad? Should we commit suicide? Would it be better to be immortal? Should we be optimistic or pessimistic? Since Life, Death, and Meaning: Key Philosophical Readings on the Big Questions first appeared, David Benatar's distinctive anthology designed to introduce students to the key existential questions of philosophy has won a devoted following among users in a variety of upper-level and even introductory courses.

The idea of Hume as a philosopher of culture has only recently gained general acceptance; yet as far back as 1941 the Journal of the History of Ideas was publishing essays on Hume which reflected this aspect of his work. The essays selected for this volume range back as far as 1941, but they may be viewed as more timely than ever, given the recent interest in Hume as a philosopher of society, politics and history.

This book attempts to give a systematic account of the development of semantic holism within the philosophy of language in the 20th century. One of the things that might make it interesting is that it covers philosophers from the analytic tradition (Hilbert, Schlick, Sellars, Davidson, McDowell) as well as structuralist and post-structuralist philosophers (Saussure, Jakobson, Hjelmslev, Merleau-Ponty, Derrida). It is not only claimed that these philosophers address what can intelligibly be recognized as the same systematic questions concerning the constitution of (...) linguistic meaning, but also that the development of holistic approaches in the two traditions follows the same course, leading from formalist to post-formalist varieties of holism. This course implies the rejection of the myth of a pure or autonomous structure of language in favour of a view of language which sees linguistic practice as necessarily interwoven with the natural and social world. (shrink)

This handbook presents a comprehensive introduction to the core areas of philosophy of education combined with an up-to-date selection of the central themes. It includes 95 newly commissioned articles that focus on and advance key arguments; each essay incorporates essential background material serving to clarify the history and logic of the relevant topic, examining the status quo of the discipline with respect to the topic, and discussing the possible futures of the field. The book provides a state-of-the-art overview of philosophy (...) of education, covering a range of topics: Voices from the present and the past deals with 36 major figures that philosophers of education rely on; Schools of thought addresses 14 stances including Eastern, Indigenous, and African philosophies of education as well as religiously inspired philosophies of education such as Jewish and Islamic; Revisiting enduring educational debates scrutinizes 25 issues heavily debated in the past and the present, for example care and justice, democracy, and the curriculum; New areas and developments addresses 17 emerging issues that have garnered considerable attention like neuroscience, videogames, and radicalization. The collection is relevant for lecturers teaching undergraduate and graduate courses in philosophy of education as well as for colleagues in teacher training. Moreover, it helps junior researchers in philosophy of education to situate the problems they are addressing within the wider field of philosophy of education and offers a valuable update for experienced scholars dealing with issues in the sub-discipline. Combined with different conceptions of the purpose of philosophy, it discusses various aspects, using diverse perspectives to do so. Contributing Editors: Section 1: Voices from the Present and the Past: Nuraan Davids Section 2: Schools of Thought: Christiane Thompson and Joris Vlieghe Section 3: Revisiting Enduring Debates: Ann Chinnery, Naomi Hodgson, and Viktor Johansson Section 4: New Areas and Developments: Kai Horsthemke, Dirk Willem Postma, and Claudia Ruitenberg. (shrink)

In the life sciences, there is an ongoing discussion about a perceived ‘reproducibility crisis’. However, it remains unclear to which extent the perceived lack of reproducibility is the consequence of issues that can be tackled and to which extent it may be the consequence of unrealistic expectations of the technical level of reproducibility. Large-scale, multi-institutional experimental replication studies are very cost- and time-intensive. This Perspective suggests an alternative, complementary approach: meta-research using sociological and philosophical methodologies to examine researcher trust in (...) data. An improved understanding of the criteria used by researchers to judge data reliability will provide crucial, initial evidence on the actual scale of the reproducibility crisis and on measures to tackle it. (shrink)

Do our lives have meaning? Should we create more people? Is death bad? Should we commit suicide? Would it be better if we were immortal? Should we be optimistic or pessimistic? Life, Death, and Meaning brings together key readings, primarily by English-speaking philosophers, on such 'big questions.'.

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

Contents Preface General Introduction 1 | Science and Pseudoscience Introduction Karl Popper, Science: Conjectures and Refutations Thomas S. Kuhn, Logic of Discovery or Psychology of Research? Imre Lakatos, Science and Pseudoscience Paul R. Thagard, Why Astrology Is a Pseudoscience Michael Ruse, Creation-Science Is Not Science Larry Laudan, Commentary: Science at the Bar---Causes for Concern Commentary 2 | Rationality, Objectivity, and Values in Science Introduction Thomas S. Kuhn, The Nature and Necessity of Scientific Revolutions Thomas S. Kuhn, Objectivity, Value Judgment, and (...) Theory Choice Ernan McMullin, Rationality and Paradigm Change in Science Larry Laudan, Kuhn’s Critique of Methodology Helen E. Longino, Values and Objectivity Kathleen Okruhlik, Gender and the Biological Sciences Commentary 3 | The Duhem-Quine Thesis and Underdetermination Introduction Pierre Duhem, Physical Theory and Experiment W. V. Quine, Two Dogmas of Empiricism Donald Gillies, The Duhem Thesis and the Quine Thesis Larry Laudan, Demystifying Underdetermination *Colin Howson and Peter Urbach, The Duhem Problem Commentary 4 | Induction, Prediction, and Evidence Introduction Peter Lipton, Induction Karl Popper, The Problem of Induction Wesley C. Salmon, Rational Prediction Carl G. Hempel, Criteria of Confirmation and Acceptability Peter Achinstein, Explanation v. Prediction: Which Carries More Weight? *Nelson Goodman, The New Riddle of Induction Commentary 5 | Confirmation and Relevance: Bayesian Approaches Introduction Wesley C. Salmon, Rationality and Objectivity in Science *Deborah G. Mayo, A Critique of Salmon’s Bayesian Way *Alan Chalmers, The Bayesian Approach Paul Horwich, Therapeutic Bayesianism Commentary 6 | Models of Explanation Introduction Rudolf Carnap, The Value of Laws: Explanation and Prediction Carl G. Hempel, Two Basic Types of Scientific Explanation Carl G. Hempel, The Thesis of Structural Identity Carl G. Hempel, Inductive-Statistical Explanation Peter Railton, A Deductive-Nomological Model of Probabilistic Explanation *Philip Kitcher, Explanatory Unification *James Woodward, The Manipulability Conception of Causal Explanation Commentary 7 | Laws of Nature Introduction A. J. Ayer, What Is a Law of Nature? Fred I. Dretske, Laws of Nature D. H. Mellor, Necessities and Universals in Natural Laws Nancy Cartwright, Do the Laws of Physics State the Facts? Commentary 8 | Intertheoretic Reduction Introduction Ernest Nagel, Issues in the Logic of Reductive Explanations Paul K. Feyerabend, How to Be a Good Empiricist *Jerry A. Fodor, Special Sciences Philip Kitcher, 1953 and All That: A Tale of Two Sciences Commentary 9 | Empiricism and Scientific Realism Introduction Grover Maxwell, The Ontological Status of Theoretical Entities Bas C. van Fraassen, Arguments Concerning Scientific Realism Alan Musgrave, Realism versus Constructive Empiricism Larry Laudan, A Confutation of Convergent Realism *Juha T. Saatsi, On the Pessimistic Induction and Two Fallacies Ian Hacking, Experimentation and Scientific Realism David B. Resnik, Hacking’s Experimental Realism *Martin Carrier, What Is Right with the Miracle Argument Arthur Fine, The Natural Ontological Attitude Alan Musgrave, NOA’s Ark---Fine for Realism Commentary Glossary Bibliography Name Index Subject Index. (shrink)

Introduction -- Part I: The meaning of life -- Richard Taylor, The meaning of life -- Thomas Nagel, The absurd -- Richard Hare, Nothing matters -- W.D. Joske, Philosophy and the meaning of life -- Robert Nozick, Philosophy and the meaning of life -- David Schmidtz, The meanings of life -- Part II: Creating people -- Derek Parfit, Whether causing someone to exist can benefit this person -- John Leslie, Why not let life ecome extinct? -- James Lenman, On (...) becoming extinct -- David Benatar, Why it is better never to come into existence -- Part III: Death -- Stephen E. Rosenbaum, How to be dead and not care : a defense of epicurus -- GeorgePpitcher, The misfortunes of the dead -- Steven Luper, Annihilation -- Fred Fldman, Some puzzles about the evil of death -- Frederick Kaufman, Pre-vital and post-mortem non-existence -- David B. Suits, Why death is not bad for the one who died -- Part IV: Suicide -- David Hume, Of suicide -- Immanuel Kant, Suicide and duty -- David Benatar, Suicide : a qualified defence -- Part V: Immortality -- James Lenman, Immortality : a letter -- Bernard Williams, The Makropulos case : reflections on the tedium of immortality -- John Martin Fischer, Why immortality is not so bad -- Christine Overall, from here to eternity : is it good to live forever? -- Part VI: Optimism and pessimism -- Margaret A. Boden, Optimism -- Michaelis Michael and Peter Caldwell, The consolations of optimism -- Bruce N. Waller, The sad truth : optimism, pessimism, and pragmatism -- Arthur Schopenhauer, On the suffering of the world. (shrink)

Thus, Meyers provides a valuable account, not only of current medical attitudes, but also of relevant case and statute law as it stands at present.

What is the proper relation between the scientific worldview and other parts or aspects of human knowledge and experience? Can any science aim at "complete coverage" of the world, and if it does, will it undermine--in principle or by tendency--other attempts to describe or understand the world? Should morality, theology and other areas resist or be protected from scientific treatment? Questions of this sort have been of pressing philosophical concern since antiquity. The Proper Ambition of Science presents ten particular case (...) studies written by prominent philosophers, looking at how this problem has been approached from the ancient world right up to the present day. Contributors: Bob Sharples, M.W.F. Stone, G.A.J. Rogers, J.R. Milton, Aaron Ridley, Christopher Hookway, Dermot Moran, Thomas E. Uebel, David Papineau, and Nancy Cartwright. (shrink)

Vernon, Jim, ‘A passion for justice’: Martin Luther King, Jr. and G. W. F. Hegel on ‘world-historical individuals’, Philosophy & Social Criticism, 43 February 2017 pp. 187–207, DOI 10.1177/0191453716680126 SAGE regrets that an error in the title of this article was included in the original publication. Subsequent online versions of this article will be corrected.

Abstract:Spirituality is an undeniable human need and is thus the subject of increasing interest among management scholars and practitioners. In this article, we propose using archetypal psychology as a framework for understanding the human need for spirituality more clearly because it provides important insights into spirituality and organizational life. Because most spiritual needs reside in the deepest aspects of the self, an archetypal approach helps us recognize not only that we have spiritual needs but alsowhywe have them. We present three (...) common archetypes and their implications in a management context. That is followed by an application of the archetypal approach to some of the more spiritually corrosive aspects of organizational life and a discussion of the implications of archetypes as a source of motivation. (shrink)

Nineteenth-century Lutheran giants C.F.W. Walther and Søren Kierkegaard both stressed over the application of Martin Luther’s doctrine of Law and Gospel. Both viewed Law and Gospel as concepts to be distinguished and as concepts that dialectically belong together. To his Pelagian audience tempted to abuse the Law and abolish the Gospel, Walther stressed the distinction of Law and Gospel. To his Antinomian audience tempted to abuse the Gospel and abolish the Law, Kierkegaard stressed the dialectic of Law and Gospel. (...) Walther and Kierkegaard’s contrasting Law and Gospel emphases are clearly seen in their contrasting accounts of the Rich Young Ruler in the Synoptic Gospels. (shrink)

According to the Norwegian philosopher Peter Wessel Zapffe, human life is filled with so much suffering that procreation is morally impermissible. In the first part of this paper I present Zapffe’s pessimism-based argument for anti-natalism, and contrast it with the arguments for anti-natalism proposed by Arthur Schopenhauer and David Benatar. In the second part I explore what Zapffe’s pessimism can teach us about biomedical enhancement. I make the case that pessimism counts in favor of pursuing biomedical enhancements. The reason (...) is that the worse we take the baseline human condition to be, the stronger are our reasons to try to alter humanity, and the weaker are our reasons to fear technology-driven extinction. The prospect of enhancement, I further argue, gives pessimists a reason to reject anti-natalism. (shrink)

This book explores the way that human symbolic abilities have precipitated the colonisation and replacement of the natural world by the industrial order, transforming human character and experience.

This is an in-depth study of J.G. Fichte’s philosophy of mathematics and theory of geometry. It investigates both the external formal and internal cognitive parallels between the axioms, intuitions and constructions of geometry and the scientific methodology of the Fichtean system of philosophy. In contrast to “ordinary” Euclidean geometry, in his Erlanger Logik of 1805 Fichte posits a model of an “ursprüngliche” or original geometry – that is to say, a synthetic and constructivistic conception grounded in ideal archetypal elements that (...) are grasped through geometrical or intelligible intuition. -/- Accordingly, this study classifies Fichte’s philosophy of mathematics as a whole as a species of mathematical Platonism or neo-Platonism, and concludes that the Wissenschaftslehre itself may be read as an attempt at a new philosophical mathesis, or “mathesis of the mind.” -/- “This work testifies to the author's exact and extensive knowledge of the Fichtean texts, as well as of the philosophical, scientific and historical contexts. Wood has opened up completely new paths for Fichte research, and examines with clarity and precision a domain that up to now has hardly been researched.” Professor Dr. Marco Ivaldo -/- “This study, written in a language distinguished by its limpidity and precision, and constantly supported by a close reading of the Fichtean texts and secondary literature, furnishes highly detailed and convincing demonstrations. In directly confronting the difficult historical relationship between the Wissenschaftslehre and mathematics, the author has broken new ground that is at once stimulating, decidedly innovative, and elegantly audacious.” Professor Dr. Emmanuel Cattin. (shrink)

Introducing Applied Ethics Edited by Brenda Almond, Blackwell, 1995. Pp. 375. ISBN 0-631-19389-8. 45.00 (hbk), 14.99 (pbk). Environmental Ethics Edited by Robert Elliot, Oxford University Press, 1995. Pp. 255. ISBN 9-19-875144-3. 9.95 (pbk) Medicine and Moral Reasoning Edited by K.W.M. Fulford, Grant Gillett and Janet Martin Soskice Cambridge University Press, 1994. Pp. 207. ISBN 0-521-45325-9 37.50 (hbk), 12.95 (pbk). Enlightenment and Religion. Rational Dissent in Eighteenth-century Britain Edited by Knud Haakonssen, Cambridge University Press, 1996. Pp. xii + 348. ISBN (...) 0-521-56060-8. 40.00. Dialettica, Arte e Societ : Saggio su Theodor W. Adorno By Giacomo Rinaldi, Quattroventi, Urbino, 1994. Pp. 205. L. 30,000. Relevance: Communication and Cognition, new revised edition, By Dan Sperber and Deirdre Wilson, Blackwell, 1995. Pp. 326. ISBN 0-631-19878-4. 15.99. Autobiographical Reflections By Eric Voegelin (Edited, with Introduction, by Ellis Sandoz), Louisiana State University Press, 1996. Pp. 131. ISBN 0807120766 $10.95. (shrink)

Can nature be restored to a pristine state through deliberate action? Must the preservation of wilderness always subordinate the interests of humans to those of other species? Can indigenous peoples be entrusted with the guardianship of their own wild resources? This collection of international writings tackles tough questions like these as it expands wilderness conservation beyond its American roots. One of the first anthologies to consider wilderness as a global issue, it takes a stand against the notion that wilderness is (...) a northern colonialist conceit and is irrelevant to the plans of third world countries. Contributions from all over the planetÑ Nepal, Borneo, Brazil, Chile, Mexico, Papua New Guinea, Kenya, South Africa, India, and the United StatesÑ show instead that wilderness has an important place in the environmental thought and policy of any nation, industrial or developing. The World and the Wild boldly advances the idea that our concept of wilderness must expand to take in new vistas. It breaks fresh ground in global environmentalism and is essential reading for anyone concerned with development issues related to conservation. Contents Foreword: Whither World Wilderness? / Vance G. Martin Introduction: Wilderness in the Rest of the World / David Rothenberg How Can Four Trees Make a Jungle? / Pramod Parajuli The Unpaintable West / Zeese Papanikolas Restoring Wilderness or Reclaiming Forests? / Sahotra Sarkar For Indian Wilderness / Philip Cafaro and Monish Verma In the Dust of Kilimanjaro / David Western Why Conservation in the Tropics Is Failing / John Terborgh "Trouble in Paradise": An Exchange / David Western and John Terborgh Zulu History / Ian Player Bruno Manser and the Penan / William W. Bevis Roads Where There Have Long Been Trails / Kathleen Harrison Volcano Dreams / Tom Vanderbilt Recycled Rain Forest Myths / Antonio Carlos Diegues The Park of Ten Thousand Waterfalls / Dan Imhoff Mapping the Wild / Edward A. Whitesell Earth Jazz / Evan Eisenberg They Trampled on Our Taboos / Damien Arabagali. (shrink)

This chapter offers an innovative “thetic”, approach to Theodor W. Adorno's essay by revisiting the much-discussed concept of parataxis that Adorno first developed in his confrontation with Friedrich Hölderlin's poetry and with Martin Heidegger's ontological interpretation of it. The philosophical theme that pervades Hölderlin's late hymns—if there is one, and if it can be distinguished from the “metaphysical” or Heideggerian theme of being—is what Adorno calls “an allegorical history of nature”. Later in “Parataxis” Adorno will describe this theme as (...) resistance to the will to dominate nature, resistance to the compulsion to Naturbeherrschung. However, here Adorno also rejoins the scorned Heidegger, whose resistance to the essence of technology arises from his analysis of the will-to-will that expresses itself preeminently in the drive to subdue beings as a whole. (shrink)

In recent years, academics and educators have begun to use software mapping tools for a number of education-related purposes. Typically, the tools are used to help impart critical and analytical skills to students, to enable students to see relationships between concepts, and also as a method of assessment. The common feature of all these tools is the use of diagrammatic relationships of various kinds in preference to written or verbal descriptions. Pictures and structured diagrams are thought to be more comprehensible (...) than just words, and a clearer way to illustrate understanding of complex topics. Variants of these tools are available under different names: “concept mapping”, “mind mapping” and “argument mapping”. Sometimes these terms are used synonymously. However, as this paper will demonstrate, there are clear differences in each of these mapping tools. This paper offers an outline of the various types of tool available and their advantages and disadvantages. It argues that the choice of mapping tool largely depends on the purpose or aim for which the tool is used and that the tools may well be converging to offer educators as yet unrealised and potentially complementary functions. (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)