Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published (...) in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)

In the current climate of high-stakes testing and performance-based accountability measures, there is a pressing need to reconsider the nature of teaching and what capacities one must develop to be a good teacher. Educational policy experts around the world have pointed out that policies focused disproportionately on student test outcomes can promote teaching practices that are reified and mechanical, and which lead to students developing mere memorisation skills, rather than critical thinking and conceptual understanding. Philosophers of dialogue and dialogic teaching (...) offer a different view of teaching, one that counters mechanical, transmissive or ‘monologic’ teaching. In this paper, I seek to extend the notion of dialogic teaching as a method of supporting social and moral learning processes. Specifically, my focus is on answering the question: What capacities must a teacher have to engage students dialogically? Drawing on Paulo Freire and other contemporary philosophers, I examine dialogic interaction as involving a way of ‘being with learners’ and put forth three teacher capacities necessary for dialogic teaching: self-critique, narrativity and building community. I then examine further what is concretely entailed in the practice of dialogic teaching using research in educational psychology. I aim to highlight how dialogic teaching, unlike monologic teaching, involves the teacher's active ability to support learners’ identification and exploration of their own blind spots—that is, the limits of knowledge and ability—and those of others. Following this, I consider implications of my discussion for international policy on teacher assessment. I close the paper with considerations for future research on teacher capacity and teacher evaluation. This paper contributes to our understanding of teacher capacity and the nature and aims of good teaching. (shrink)

After a unilateral focus on medical professional obligations to patients in most of the 20th century, there is a growing, if modest, interest in patient responsibility. This article critiques some public assertions, explores the ethics literature, and attempts to find some consensus and moral grounds for positions taken on the question, "Does a patient have moral obligations in the process of interactions with medical and other professional caregivers?" There is widespread agreement on a few responsibilities, such as "truth (...) telling" and "avoiding harm to others," but no apparent consensus either on the list of duties or on the appropriate justification for such duties. The context and clinical realities of patient interactions are noted to suggest that feasibility is important in making judgments of patient obligations. (shrink)

In his central educational work, The Science of Education (1806), J.F. Herbart did not explicitly develop a theory of listening, yet his concept of the teacher as a guide in the moral development of the learner gives valuable insight into the moral dimension of listening within teacher-student interaction. Herbart's theory radically calls into question the assumed linearity between listening and obedience to external authority, not only illuminating important distinctions between socialization and education, but also underscoring consequences for our (...) understanding of the role of listening in educational relations. In this inquiry, Andrea English argues that critical listening in teaching contributes to the moral education and development of the learner. To do this, she examines Herbart's view of the teacher's task as a moral guide in the realm of moral education. English contends that reexamining Herbart's theory of education (a theory that is, for the most part, no longer discussed in Anglo-American educational philosophy) can productively inform our understanding of moral education in democratic and pluralist societies. (shrink)

ABSTRACT The phrase “Enlightenment rhetoric” typically denotes discourses bent on rejecting classical oratorical styles in favor of purportedly scientific ones. Likewise, scholars often associate Enlightenment rhetorical styles with the scientific epistemologies that emerged in the seventeenth and eighteenth centuries. This article reconsiders Enlightenment rhetoric by analyzing David Hume’s 1742 essay “Of Eloquence.” More specifically, the article argues that the Scottish Enlightenment context necessitated a rhetoric that compensated for the discursive limitations of new scientific worldviews. In so doing, the article argues (...) that Hume verbalizes the transcendent dimension of classical eloquence in ways commensurate with the emphasis on perspicuity emerging in English culture, a rhetorical maneuver that the author calls discursive transcendence. Hume’s “Of Eloquence” thus serves as a case study demonstrating how an Enlightenment writer advanced a rhetoric that both rejects and pulls from prior rhetorical traditions, constituting a new understanding of Enlightenment rhetoric. (shrink)

Si le nombre permet de comparer d’une manière qui est pleinement significative les philosophies transcendantales de Kant et de Husserl, c’est parce qu’il peut faire apparaître à la fois ce qu’elles ont eu en commun dans le relevé des emplacements qu’elles ont attribués aux différents facteurs constitutifs de la subjectivité transcendantale et ce qui les a fait néanmoins diverger l’une de l’autre dans l’établissement du réseau des affinités où elles ont dû aussi les faire entrer en deçà comme au-delà de (...) ce dispositif central. (shrink)

The author presents and defends three theses: (1) "the first is that it is not profitable for us at present to do moral philosophy; that should be laid aside at any rate until we have an adequate philosophy of psychology." (2) "the second is that the concepts of obligation, And duty... And of what is morally right and wrong, And of the moral sense of 'ought', Ought to be jettisoned if this is psychologically possible...." (3) "the (...) third thesis is that the differences between the well-Known english writers on moral philosophy from sidgwick to the present day are of little importance." (staff). (shrink)

Anscombe's indictment of modern moral philosophy is full-blooded. She began with three strong claims: The first is that is not profitable to do moral philosophy… until we have an adequate philosophy of psychology, in which we are conspicuously lacking. The second is that the concepts of obligation and duty… and of the moral sense of ‘ought’, ought to be jettisoned… because they are derivatives… from an earlier conception of ethics… and are only harmful without (...) it. The third thesis is that the differences between the well-known English writers on moral philosophy from Sidgwick to the present are of little importance. (shrink)

How far can we ever hope to understand the Holocaust? What can we reasonably say about right and wrong, moral responsibility, praise and blame, in a world where ordinary reasons seem to be excluded? In the century of Nazism, ethical writing in English had much more to say about the meaning of the word `good` than about the material reality of evil. This book seeks to redress the balance at the start of a new century. Despite intense interest (...) in the Holocaust, there has been relatively little exploration of it by philosophers in the analytic tradition. Although ethical writers often refer to Nazism as a touchstone example of evil, and use it as a case by which moral theorising can be tested, they rarely analyse what evil amounts to, or address the substantive moral questions raised by the Holocaust itself. This book draws together new work by leading moral philosophers to present a wide range of perspectives on the Holocaust. Contributors focus on particular themes of central importance, including: moral responsibility for genocide; the moral uniqueness of the Holocaust; responding to extreme evil; the role of ideology; the moral psychology of perpetrators and victims of genocide; forgiveness and the Holocaust; and the impact of the `Final Solution` on subsequent culture. Topics are treated with the precision and rigour characteristic of analytic philosophy. Scholars, teachers and students with an interest in moral theory, applied ethics, genocide and Holocaust studies will find this book of particular value, as will all those seeking greater insight into ethical issues surrounding Nazism, race-hatred and intolerance. (shrink)

One aim of this chapter is to acquaint a reader unfamiliar with African philosophy with some of its more prominent ethical perspectives, especially those pertaining to ubuntu, as they bear on work. However, I undertake this discussion with some sympathy towards these implications, such that another aim is to point out that the prescriptions for the workplace that moral philosophers working in the African tradition have made (or would sensibly make given their more basic commitments) are worth taking (...) seriously regardless of the reader’s background. The vitalist and communalist strains of ethical thought prominent amongst African philosophers are relatively unknown in globally influential discourses, but are revealing in the context of work. Central topics include: what the point of work is; how to distribute jobs; why there might be a right to work; and how to organize the production process. For each question, I emphasize respects in which African ethical thought offers answers that are both different from and plausible relative to what is dominant in English-speaking theory or practice. (shrink)

Some of the most influential moral philosophers in the English-speaking world say or suggest that we should only pay attention to moral judgments made in certain states of mind, where these states exclude anxious states. In this paper, I argue that this position faces at least two major problems.

Early childhood practice in Aotearoa New Zealand is guided by Te Whāriki, a curriculum which is rich in moral concepts. While there are opportunities for early childhood educators in Aotearoa New Zealand to reflect upon moral concepts in their educational settings, it is the position of this paper that critical engagement with these concepts is hindered by two major factors: lack of exposition on the moral concepts maintained within the English version of the early childhood curriculum (...) document, and a historical gendered divide between theory and practice in early childhood education Aotearoa New Zealand. To address these concerns, the author draws from the philosophical writings of Iris Murdoch with particular focus upon her concept of attention. The theoretical plurality in Te Whāriki and the maternal image of the early childhood teacher are discussed. The author articulates the opportunities offered by Murdoch’s vision to view the curriculum and the early childhood teacher anew. (shrink)

This new English translation of Solov'ëv's principal ethical treatise, written in his later years, presents Solov'ëv's mature views on a host of topics ranging from a critique of individualistic ethical systems to the death penalty, the meaning of war, animal rights, and environmentalism. Written for the educated public rather than for a narrow circle of specialists, Solov'ëv's work largely avoids technical vocabulary while illustrating his points with references to classical literature from the ancient Greeks to Goethe. Although written from (...) a deeply held Christian viewpoint, Solov'ëv emphasizes the turn from his earlier position, now allegedly developing the independence of moral philosophy from metaphysics and revealed religion. Solov'ëv sees the formal universality of the idea of the moral good in all human beings, albeit that this idea is bereft of material content. This first new English-language translation in a century makes a unique contribution to the study of Solov'ëv's thought. It uses the text of the second edition published in 1899 as its main text, but provides the variations and additions from the earlier versions of each chapter in running notes. Other unique features of this translation are that the pagination of the widely available 1914 edition is provided in the text, and the sources of Solov'ëv's numerous Biblical quotations and references as well as literary and historical allusions. (shrink)

In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to (...) be discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text. (shrink)

Throughout Theodor Adorno’s Negative Dialectics moral philosophy is discussed only indirectly, as a subject which is relevant to the more primary discussions of freedom and world history, among others. In the relatively recently released English translation of the History and Freedom lectures, however, moral philosophy is more explicitly discussed, but even there its subject matter is of secondary importance to the more fundamental discussions of the philosophy of history and of freedom. In fact, that (...) moral philosophy is an auxiliary concern in these lectures reveals much about how Adorno views moral philosophy. Perhaps a trivial detail but revealing nonetheless, the lecture entitled ‘Transition to Moral Philosophy’ points to something quite essential about Adorno’s moral philosophy. In this lecture Adorno attempts to show that his previous discussions of the philosophy of history have direct bearing on the concept of freedom. He claims that his task is to articulate “what we [can glean]…about the problem of freedom, from the discussions of the philosophy of history” (HF, 177). Adorno rightfully believes that freedom, the ability to act (in some way) without being determined to do so, is a precondition of one’s actions being considered on moral grounds, of one being held morally accountable for such actions. Surely, therefore, it is appropriate that a transition takes place from discussing freedom to discussing moral philosophy. There is something else going on here, however, that reveals the peculiar nature of Adorno’s moral philosophy. The above quote reveals that the philosophy of history conditions the problem of freedom, and therefore moral philosophy for Adorno. The following paper attempts to show how Adorno’s moral philosophy is situated within his more foundational considerations of the philosophy of history and of freedom. As a result of it being so situated it also attempts to argue that the History and Freedom lectures reveal that the task for moral philosophy is the critique of moral philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Some Suggestions about the Moral Philosophy of George Berkeley* PAUL J. OLSCAMP WHILE TRAVELLINGIN ITALYin 1716, Berkeley lost the second part of his Principles of Human Knowledge. Much later he wrote to Dr. Johnson in America, saying that he did not have the energy to do something so disagreeable as writing the same thing twice? This manuscript contained Berkeley's ethics and metaphysics, but in spite of its (...) loss, there is much to be learned about Berkeley's moral philosophy from his extant writings. Surprisingly, very little has been written about Berkeley's ethics, and what has been written usually concentrates on Passive Obedience and virtually ignores the rest of his worksY Most of the terminology now used to classify and criticize ethical theories was, of course, unknown to Berkeley. In spite of this, much of what he says may be fruitfully compared with some of the claims of modern ethicists. I shall try to show that many of his claims might have been strikingly modern, a In this paper however, I can only deal with what would now be called the normative part of Berkeley's theory, so, perhaps, it would be of some use to give a general *All references to Berkeley's writings are to the Jessop and Luee edition, The Works o] George Berkeley, Bishop o] Cloyne (9 vols.; London: Nelson and Sons Ltd., 1948). I shall abbreviate the titles of the works in this collection as follows: A/c. for A/~phron, or the Minute Ptdlosopher; DraJt for The First Dra]~ o] the Introduction to the Priuciple8 o] Human Knowledge; Principles for The Principles o] Human Knowledge; P.O. for Passive Obedience; Disc. for A Discourse to the Macistrates; T.V. for An Essay Towards a New Theory o] Vision; T.V~E. for The Theory o] Vision Vindicated and Explained; P.C. for philosophical Commentaries; Corr ]or Philosophical Correspondence; DHP for Three Dialooucs Between Hylas and Philonous. I am deeply indebted to Professor Richard T. Garner for his help in the preparation of thispaper. 1Corr., II, 282. 'The other references are: C. D. Broad, "Berkeley's Theory of Morals," Revue Internationale de Philosophie (1953); Graham P. Conroy, "Berkeley on Moral Demonstration, Journal o] the HisLory o] Ideas, XXII (1961), and Conroy's doctoral dissertation, Language and Morals in Berkeley's Philosophy (Berkeley, 1957); H. D. Aiken, "The Fate of Philosophy in the Twentieth Century," The Kenyon Review (Spring, 1962); kvrum Stroll, The Emotive Theory o] Ethics (Berkeley and Los Angeles: University of California Press, 1954); Ernest Albee, A History o] English Utilitarianism (London: Alien & Unwin, 1901), chap. xv; I. A. Richards and C. K. Ogden, The Meaning o] Meaning (New York: Harcourt Brace and Co., 1923), p. 42; P. J. Olscamp, A Berlceleyan Analysis o] the Uses o] Language in Ethics, (doctoral dissertation, University of Rochester, 1962); W. V. Denard, "Berkeley's Theological Utilitarianism," Acres de XI" eongr~s internationale de philosophic, XIII (1953), 87-93; G. A. Johnston, "The Development of Berkeley's Ethical Theory," Philosophical Review, XXIV, 419-430; H. W. Orange, "Berkeley as a Moral Philosopher," Mind, XV (old series), 514-523. =The definitions of any technical terms I may use will be found in William K. Frankena, Ethies, (Englewood Cliffs, New Jersey: Prentice-Hall Foundations of Philosophy Series, 1963). [147] 148 HISTORY OF PHILOSOPHY outline of the main features of what I think his entire system would have been, before examining part of it in more detail. Berkeley was first and last a Christian clergyman, and he therefore believed in the existence of a personal, wise, and benevolent God whose being was relevant to our daily lives. He was convinced that the natural world provides evidence for this belief, evidence as sound as that which we have for the existence of other minds. Given that the esse of objects consists in their being perceived, that only minds are active, and that no human perceiver perceives all things at all times, it follows that a cosmic mind maintains the universe it created. Moreover, the system of nature is not random, but regular; it is, in fact, a divine language in which God makes his intentions known to us, and demonstrates his wisdom... (shrink)

* one of the great philosophical works of the eighteenth century * the rare and valuable first edition, reprinted in its entirety 'Of the countless reprints of Scottish Enlightenment works that Thoemmes has given us, none is more welcome than this. The posthumous System was not only Hutcheson's own last word on the full range of topics that he included under the rubric "moral philosophy", but also a monumental event in the book history of the Scottish Enlightenment itself.' (...) - Newsletter of the 18th-Century Scottish Studies Society Francis Hutcheson (1694-1746) was a key figure in the Scottish Enlightenment and one of the eighteenth century's most influential philosophers. He taught Adam Smith and he greatly influenced Hume and Bentham. His theory that the only proper actions are those which will generally benefit society prepared the way for the English utilitarians. His views were extensively discussed throughout Britain and ranged as far as the American colonies, where his political theory was adopted by revolutionaries. He is best known for his contribution to moral theory, being the chief exponent of the 'moral sense' doctrine which, following Shaftesbury, emphasized feeling rather than reasoning as the source of judgements of virtue and vice.A System of Moral Philosophy was written as early as 1738, but added to and altered by Hutcheson throughout his life. Published posthumously in 1755 by Hutcheson's son, Francis the younger, the System is Hutcheson's longest work and the fullest explanation of his method. Giving a comprehensive account of morality, it includes discussions of human nature; our duties to God, to each other and ourselves; the supreme good; civil liberty; rights; contracts; marriage; the rights and duties of parents; and the laws of peace and war. The work also contains an argument against slavery that was reprinted in colonial Philadelphia and helped give academic weight to the anti-slavery movement. William Leechman, a friend of Hutcheson and Professor of Divinity at Glasgow, contributes a highly valuable biography. This edition also includes a new introduction by Daniel Carey. (shrink)

This chapter contains sections titled: Transformation and the Negativity and Discontinuity in Learning Recognising the other as learner: On Peters' Concept of the Teacher as Educator World as Other: Transformative Encounters with the World as a Challenge to Teacher and Learner Implications for Teaching On the Indispensability of Philosophy of Education for Teacher Education Conclusions Notes References.

Of all humanities disciplines, none is more resistant to the program of positive psychology or more hostile to the prevailing discourse of human flourishing than literary studies. The approach taken in this volume of essays is neither to gloss over that antagonism nor to launch a series of blasts against positive psychology and the happiness industry. Rather, the essays are attempts to reflect on how the kinds of literary research the contributors themselves are doing, the kinds of work to which (...) they are personally committed, might become part of an interdisciplinary conversation about human flourishing. The authors' specific fields of work are wide ranging, covering literary aesthetics, book history, digital humanities, and reader reception, as well as the important "inter-disciplines" of gender and sexuality studies, disability studies, and black studies-fields in which issues of stigma and exclusion are paramount, and which have critiqued the discourse of human flourishing for its failure to grapple with structural inequality and human difference. Taken together, the essays contribute more points of ambiguity and hesitation to the study of human flourishing than decisive advancements. Literary scholars are drawn more readily to the problematic than to the decidable. But by dwelling on the trouble spots in a field of inquiry still largely confined to the sciences, this volume provides the groundwork for new and more productive forms of interdisciplinary collaboration and exchange. (shrink)

In this chapter, we discuss a selection of current views of the neural correlates of consciousness (NCC). We focus on the different predictions they make, in particular with respect to the role of prefrontal cortex (PFC) during visual experiences, which is an area of critical interest and some source of contention. Our discussion of these views focuses on the level of functional anatomy, rather than at the neuronal circuitry level. We take this approach because we currently understand more about experimental (...) evidence at this coarse level and because these results are appropriate for arbitrating between current theoretical frameworks. We discuss the Two-Visual-Systems Hypothesis (Milner & Goodale 1995; 2006), Local Recurrency (Lamme 2010; Lamme 2006), Higher Order (Lau 2008; Lau & Rosenthal 2011) and Global Workspace theories (Baars 1997; Baars 2005; Dehaene & Naccache 2001; Dehaene 2014). Despite the apparent stark differences between conscious and unconscious perceptual processing, available evidence suggests that their neural substrates must be largely shared. This indicates that the difference in neural activity between conscious and unconscious perceptual processing is likely to be subtle and highly specialized. We argue that current experimental evidence about the involvement of specific activity in prefrontal cortex supports the higher order neural theory of consciousness. In consequence, imaging techniques that focus only on marked differences between conscious and unconscious level of activity are likely to be insensitive to the relevant neural activity patterns that underlie conscious experiences. Finally, it follows from the evidence we discuss that the functional advantages of conscious over unconscious perceptual processing may be more limited than commonly thought. (shrink)

With this work J. B. Schneewind has provided the most comprehensive history of modern moral philosophy available in English. Beginning with the moral theology of the Reformation and ending with Kant, Schneewind’s book offers a panorama of moral philosophy that includes the early modern natural lawyers and their metaphysical critics, the British sentimentalists and their rationalist opponents, and a whole series of eighteenth-century attempts to develop a secular moral philosophy grounded in autonomous (...) human reason and will. Despite its broader multinational scope and its focus on ethics rather than epistemology, Schneewind’s book seems destined to replace Beck’s Early German Philosophy: Kant and his Predecessors, as culminating and summating the work of the next generation of scholars working within the historiographical canons of American Kantianism. (shrink)

In this groundbreaking book, Andrea R. English challenges common assumptions by arguing that discontinuous experiences, such as uncertainty and struggle, are essential to the learning process. To make this argument, Dr. English draws from the works of two seminal thinkers in philosophy of education - nineteenth-century German philosopher J. F. Herbart and American Pragmatist John Dewey. English's analysis considers Herbart's influence on Dewey, inverting the accepted interpretation of Dewey's thought as a dramatic break from modern European (...) understandings of education. (shrink)

The main purpose of this book is to introduce a broader audience to emergence by illustrating how discoveries in the physical sciences have informed the ways we think about it. In a nutshell, emergence asserts that non-reductive behavior arises at higher levels of organization and complexity. As physicist Philip Anderson put it, "more is different." Along the text's conversational tour through the terrain of quantum physics, phase transitions, nonlinear and statistical physics, networks and complexity, the author highlights the various philosophical (...) nuances that arise in encounters with emergence. The final part of the book zooms out to reflect on some larger lessons that emergence affords us. One of those larger lessons is the realization that the great diversity of theories and models, and the great variety of independent explanatory frameworks, will always be with us in the sciences and beyond. There is no "Theory of Everything" just around the corner waiting to be discovered. One of the main benefits of this book is that it will make a number of exciting scientific concepts that are not normally covered at this level accessible to a broader audience. The overall presentation, including the use of examples, analogies, metaphors, and biographical interludes, is geared for the educated non-specialist. (shrink)

This profound resource extends the concept of education as a human right to propose lasting solutions to educational disparities worldwide. Its multiperspective analysis probes the roots of educational inequities in recent and longstanding economic divisions, cultural domination, and political injustice, framing equal access to meaningful learning as a core aspect of a humane society. Characteristics of Educational Leaders without Borders (ELWB) are defined, and the challenges of their mission are examined in global context, from education of girls in the Middle (...) East to internet access in Haiti to the complex situation of U.S. minority students. In addition, an overview of historical precedents for ELWB in the work of Dewey and others helps to illuminate pressing issues that must be addressed by current and future humanistic leaders to improve educational access for the world's children. Among the topics covered: Education without nationalism: locating leadership when borders no longer hold. Toward a metanoia of global educational leadership. Teaching, technology, and transformation. The unique challenges of education in emerging West African countries. The economics of globalization in higher education. The transnational context of schooling. Educators, education researchers, and policymakers in education will welcome the clear-minded realism and ethically robust agenda found in Educational Leaders without Borders. (shrink)

This volume contains papers in which Hans Kelsen addresses a number of philosophical issues that are crucial to his defense of the pure theory of law. Although it includes some papers appearing in English for the first time, this collection differs little in scope or substance from an earlier one, What is Justice? Kelsen’s legal theory has raised the ire of critics because they believe it separates far too sharply law from ethics. In these papers, especially those written in (...) recent years, Kelsen contends that the separation he proposes does not eliminate the possibility of criticizing the law on moral grounds; but, since there is often no agreement on moral beliefs or any means of establishing their correctness, it is often necessary to support or validate a legal system on a nonmoral basis. Thus, many of these papers deal with Kelsen’s concept of a norm and the means by which the basic norm, the one which validates all others, can be validated. Kelsen’s much criticized contention that the basic norm can be validated by a principle of minimum effectiveness is stated in a number of papers; these various statements may help to clarify the nature of the validation that he believes to be sufficient. Moral philosophers, who have generally ignored Kelsen’s work, will discover that he has much to say on moral relativism and natural law. Kelsen’s belief in the relativity of moral value, a belief he held to be quite different from the denial of any values, is used to support both his rejection of natural law and his contention that a valid legal order need not be in accord with any particular moral order. Along with papers dealing with the validation of norms and moral relativism, there are papers dealing with causality and accountability, God and the State, and the principle of retribution. There is a brief, helpful introduction by Ota Weinberger.—M.G. (shrink)

Dr. Ewing’s ‘first thoughts’ in moral philosophy were presented in their most complete form in his Definition of Good, published in 1947. This book is one of the best presentations and ablest defences of ethical objectivism in recent English philosophy. Its critique of Naturalism and of Subjectivism was one of its strongest features. Naturalism was rejected because it amounted to the abolition of ethics and its replacement by descriptive science. Against this Dr. Ewing maintained the irreducibility (...) of ethical to non-ethical terms. (shrink)

John Bernstein claims to have delivered "a fuller study of Nietzsche's moral philosophy from a critical point of view than any other in English". Unlike those sympathetic authors who defend Nietzsche only by ignoring or downplaying the inconsistencies of his thought, Bernstein "fights" Nietzsche "tooth and nail" and exposes the fundamental incoherence of his moral philosophy. Bernstein's critical analysis is both penetrating and relentless, issuing in a study sceptical of Nietzsche's arguments, unimpressed by Nietzsche's rhetoric, (...) and suspicious of Nietzsche's vague proposals for social change. (shrink)

Consciousness and confidence seem intimately related. Accordingly, some researchers use confidence ratings as a measure of, or proxy for, consciousness. Rosenthal discusses the potential connections between the two, and rejects confidence as a valid measure of consciousness. He argues that there are better alternatives to get at conscious experiences such as direct subjective reports of awareness (i.e. subjects’ reports of perceiving something or of the degree of visibility of a stimulus). In this chapter, we offer a different perspective. Confidence ratings (...) in general, and metacognitive measures in particular, may offer important advantages over subjective ratings. The arguments we offer here are supported by empirical, practical and socio-strategic considerations. However, we do not suggest consciousness and confidence are interchangeable. We recognize the limitations of confidence ratings in some experimental designs and for some research questions. Nevertheless, we also address a potential conceptual link between consciousness and confidence that stems from Rosenthal’s very own work on mental quality space theory. (shrink)

This edited volume presents a post-humanist reflection on education, mapping the complex transdisciplinary pedagogy and theoretical research while also addressing questions related to marginalised voices, colonial discourses, and the relationship between theory and practice. Exhibiting a re-imagination of education through themed relationalities that can transverse education, this cutting-edge book highlights the importance of matter in educational environments, enriching pedagogies, teacher-student relationships and curricular innovation. Chapters present contributions that explore education through various international contexts and educational sectors, unravelling educational implications with (...) reference to the climate change crisis, migrant children in education, post-pandemic education, feminist activisism and other emergent issues. The book examines the ongoing iterations of the entanglement of colonization, modernity, and humanity with education to propose a possibility of education capable of upholding heterogeneous worlds. Curated with a global perspective on transversal relationalities and offering a unique outlook on posthuman thoughts and actions related to education, this book will be an important reading for students, researchers and academics in the fields of philosophy of education, sociology of education, post humanism and new materialism, curriculum studies, and educational research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Melancholy and the Therapeutic Language of Moral Philosophy in Seventeenth-Century ThoughtJeremy SchmidtThe concept of melancholy comprehended a wide range of characteristics and conditions in seventeenth-century European culture, from the brooding introspection of the genius and the scholar to a condition of delirious and delusory madness.1 Its central and most immediately identifiable characteristic, however, was the excessive and unreasonable nature of its symptomologically defining emotions of fear and (...) sorrow. As Robert Burton noted out in The Anatomy of Melancholy (1621), the melancholic condition was commonly taken to be "a kind of dotage without fever, having for his ordinary companions fear and sadness, without any apparent occasion."2 The presence of a pervasive and unreasonable sense of fear and sorrow invariably solicited the melancholic label. Indeed, melancholic emotions were the primary substance of melancholic dotage; the ravings of the melancholically mad and their frequent obsession with a single idea were often driven by an overwhelming feeling of fear and sorrow.3The concept of melancholy as a mental disorder involving these specific emotions had coalesced under the gaze of medical observation in ancient Greece, and the melancholic condition was thought by many medical theorists of classical [End Page 583] antiquity to be caused by a physiological surfeit of black bile, the Greek word for which was melancholia.4 Western medicine, profoundly influenced by the Greek medical tradition, continued to diagnose and treat melancholic disturbance as a physical distemper well into the nineteenth century. Yet the kind of mental anguish which early medical observers labeled melancholic bore a striking resemblance to forms of emotional disorder whose point of origin was thought to be the mind itself. Various traditions of classical moral philosophy sought to treat disorders of the mind that unchecked emotion could create primarily by directing, ordering, and correcting the thought of the sufferer. Where the melancholic condition displayed qualities of the emotions as these were represented and analyzed by moral philosophers it was viewed as susceptible to philosophical treatment and insight.5Early modern English writers, no less than classical writers, thought it appropriate to apply to cases of melancholy therapies derived from the philosophic endeavor to define and achieve peace of mind. Burton argued explicitly in The Anatomy of Melancholy for the rightful authority of the philosophical "physician of the soul" in the treatment of melancholy; and the conceptual similarity of melancholy to moral diseases of the soul which provided the basis for this authority is evidenced in the works of several seventeenth-century moralists, as well as in the writings of the influential seventeenth-century physician and natural philosopher Thomas Willis on melancholy and the passions. Willis noted that melancholic emotions were structured and caused by the judgments of the mind rather than by the force of physiological dysfunction alone. His recognition of the importance of the mental aspects of melancholy provided the basis for his prescription of moral therapies for the government of the mind in addition to therapies for the body. Moreover, his writing on the passion of grief displays the ability of moral philosophical language to represent melancholic-like states as problems of the moral life, to be engaged through rational meditation and control.The importance of moral philosophy in understanding and treating melancholy has been largely ignored in current scholarship in the history of psychiatry and madness, which has concentrated on early modern medical concepts of mental disorder that traced its origins to the body. The historian of psychiatry and "madness" Roy Porter has, for instance, referred to Willis's medical writings as evidence for the "thoroughgoing somatic grounding of disorders of thought, feeling and behavior" that he alleged to have dominated the era's medical [End Page 584] conceptualization and treatment of madness.6 While Michel Foucault insightfully noted that Willis's ostensibly chemical account of the nature of melancholy was in fact "a phenomenology of the melancholic experience," he dismissed out of hand the relevance of classical moral philosophical language to the early modern treatment of madness, asserting the complete absence of moral treatments of madness until the end of the eighteenth century.7 In analyzing Willis's writing he thus failed to note the broader moral philosophical... (shrink)

With this work J. B. Schneewind has provided the most comprehensive history of modern moral philosophy available in English. Beginning with the moral theology of the Reformation and ending with Kant, Schneewind’s book offers a panorama of moral philosophy that includes the early modern natural lawyers and their metaphysical critics, the British sentimentalists and their rationalist opponents, and a whole series of eighteenth-century attempts to develop a secular moral philosophy grounded in autonomous (...) human reason and will. Despite its broader multinational scope and its focus on ethics rather than epistemology, Schneewind’s book seems destined to replace Beck’s Early German Philosophy: Kant and his Predecessors, as culminating and summating the work of the next generation of scholars working within the historiographical canons of American Kantianism. (shrink)

Linguistic justice is about institutions distributing material and symbolic resources fairly when they are faced with linguistic diversity. However, no theory of linguistic justice has developed a systematic and comprehensive account of the moral dilemmas that take place in interpersonal linguistic relationships, in particular the power dynamics leading to (linguistic) domination. The aim of this article is to start building a general theory of linguistic domination, one that offers new conceptual tools for both empirical and normative analyses of linguistically (...) diverse societies. Using the republican tradition of thought, I argue that there is linguistic domination whenever someone is subject to the uncontrolled capacity for interference over their linguistic uses, ideology and acquisition by another agent. This article tests under what conditions this phenomenon takes place and the parties involved in it (both in terms of individuals and political institutions). (shrink)

The abortion debate rages on. Yet the two most popular positions seem to be clearly mistaken. Conservatives maintain that a human life begins at conception and that therefore abortion must be wrong because it is murder. But not all killings of humans are murders. Most notably, self defense may justify even the killing of an innocent person.Liberals, on the other hand, are just as mistaken in their argument that since a fetus does not become a person until birth, a woman (...) may do whatever she pleases in and to her own body. First, you cannot do as you please with your own body if it affects other people adversely. Second, if a fetus is not a person, that does not imply that you can do to it anything you wish. Animals, for example, are not persons, yet to kill or torture them for no reason at all is wrong. (shrink)