This chapter contains sections titled: The Emerging Interest in Methodology Particular Arguments Particular Topics A Concluding Overview References.

The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but (...) also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address. (shrink)

In a series of powerful and challenging articles emerging since the mid-1990s, Brian Leiter has argued that certain theoretical strains in contemporary legal philosophy are ‘epistemologically bankrupt’, in virtue of their reliance on misguided argumentative devices: analysing concepts, such as the concepts of law and of authority; and doing so by appealing to intuitions regarding the correct way to understand the concepts in question. In response to this state of affairs, Leiter advocates that jurisprudence ought to attempt to catch-up (...) with ‘naturalistic’ developments which have influenced the direction of other branches of philosophy – such as epistemology, philosophy of mind, and moral philosophy – in the last few decades. This article offers a critical analysis of some of Leiter’s proposals for what Jurisprudence should become, in light of his views on the relevance of naturalism for this discipline. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aesthetics in Feminist PerspectiveJulie Van CampAesthetics in Feminist Perspective, edited by Hilde Hein and Carolyn Korsmeyer; xv & 252 pp. Bloomington: Indiana University Press, 1993, $39.95 cloth, $14.95 paper.Has feminism been hijacked by one lock-step agenda, suppressing all dialogue and debate? Far from it, judging from this collection of seventeen essays on feminist aesthetics. The first such collection in English, it includes eleven essays previously published in (...) Hypatia (1990).This well-organized volume offers both broad theoretical considerations and applications to specific art forms, diverse methodological perspectives, and healthy debate among the contributors. The section on “The Nature of Art: Some Feminist Alternatives” considers feminist perspectives as alternatives to traditional concepts of art, motivated by considerations of the art of women. Skepticism abounds in the section on “Interpretation and Point of View” concerning a “universal” or “paradigmatic” female voice in literature, film, and visual art. “Philosophical and Critical Legacies” reveals diverse feminist readings of Kant, Nietzsche, Cartesian metaphysics, and postmodernism.Co-editor Hilde Hein proposes that aesthetics provides a promising road map for feminist philosophy and indeed philosophy generally. Aesthetics has learned to reject foundationalism and essentialism in favor of pluralism, a necessity in the face of the astonishing diversity and ever-changing landscape in contemporary art. This theoretical transition in aesthetics shows how philosophy could fruitfully shed the false security of essentialism to embrace the sometimes raucous pluralism of methods, races, cultures, and genders assaulting all humanities disciplines in recent decades. As co-editor Carolyn Korsmeyer notes, feminist scholarship challenges “the mask of universality and gender-neutrality” (p. vii). [End Page 178]The myth that feminist scholarship is merely thinly veiled political action, devoid of intellectual integrity, is shattered by this collection. Well-represented is the diversity of analytic and European methodologies that enrich contemporary philosophical dialogue. Many of the articles scrutinize the nature of “feminism” itself, as well as appropriate methodologies and questions. The interdisciplinarity of feminist research also is in welcome evidence, with seven essays by scholars from English, African-American studies, music, and psychology.Should feminist art and aesthetics be “nondominative”? Should it “endorse” female experience? Do proposals for “ideal” feminist artistic expression inadvertently retreat to the essentialism and uniformity that feminists have sought to dispel? Should feminists reject the tradition of “formalism” in favor of an approach that re-integrates art with the community and the concerns of daily life? This perspective is widespread today in postmodern thought, but feminist considerations bolster the case made elsewhere for the fall of the so-called elite object.Are there distinctive features that mark the work of female artists, such as group participation, rather than performances for passive audiences? This feature is pervasive in contemporary art, from the happenings of Andy Warhol in the 1960s to the “Messiah” sing-alongs popular for decades. Is feminist art marked by a melding of aesthetic and erotic elements? Surely that is also a trait of the art of most cultures, by men as well as women.These explorations reveal a paradox in today’s feminism. In highlighting female traits (such as the virtues of being caring and nondominating), are women being celebrated, liberated, and freed? Or are they frozen into roles which not all women consider their most important attributes as persons?Female artists and theorists deserve enormous credit for encouraging a re-thinking of the ways in which art is created and understood, but many other forces drive these developments as well. Indeed, some of the harshest critics of analytic philosophy are analytic philosophers steeped in that tradition, both male and female. It seems a pointless chicken-and-egg exercise to wonder if feminists caused this re-thinking or were one of several groups in a happy confluence of re-examination from various perspectives. Fortunately, the issue need not be resolved for scholars and students to appreciate this outstanding volume.Julie Van CampCalifornia State University, Long BeachCopyright © 1995 The Johns Hopkins University Press... (shrink)

Questions concerning the aims and aspirations, criteria of success and even proper delineation of the subject matter of theories of law have given rise to some of the most intractable and contentious debates in contemporary legal philosophy. In this article, I outline my vision of the remit and character of legal philosophy, with particular emphasis on the methodological approach with which I am most concerned in my own work, and which I refer to here as ‘indirectly evaluative legal philosophy’. I (...) do so partly in response to some vehement criticisms of, and, in my view, significant mischaracterisations of, IELP and cognate approaches to theorising about law, which feature in some recent jurisprudential debates. My position supports a pluralistic methodological outlook which emphasises disciplinary and sub-disciplinary complementarity as an alternative to the febrile adversarialism sometimes afflicting our discipline. For, in my view, ours is a broad church, and all theoretical accounts able to illu.. (shrink)

Mark Kelman’s recent book, The Heuristics Debate (HD), 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)

The aim of this paper is to provide a characterization of ability theories of practice and, in this process, to defend Pierre Bourdieu’s ability theory against Stephen Turner’s objections. In part I, I outline ability theorists’ conception of practices together with their objections to claims about rule following and rule explanations. In part II, I turn to the question of what ability theorists take to be the alternative to rule following and rule explanations. Ability theorists have offered, and been ascribed, (...) somewhat different answers to this question, just as their replies, or positive accounts, have been heavily criticized by Turner. Due to this state of the debate, I focus on the positive account advanced by a single—and highly famous—ability theorist of practice, Pierre Bourdieu. Moreover, I show that despite Turner’s claims to the contrary, his arguments do not refute Bourdieu’s positive account. (shrink)

Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward, or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law's life. With attention to the formulation of notions such as person, evidence, intention, (...) cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law - an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning. (shrink)

A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists (...) and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema's volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects-namely, legal positivism, natural-law theory, and the theory of legal reasoning-and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking. (shrink)

_Expanding Curriculum Theory, Second Edition_ carries through the major focus of the original volume—to reflect on the influence of Deleuze and Guattari’s concept of "lines of flight" and its application to curriculum theorizing. What is different is that the lines of flight have since shifted and produced expanded understandings of this concept for curriculum theory and for education in general. This edition reflects the impact of events that have contributed to this shift, in particular the logic of school policy (...) changes and reforms in the past decade, and the continued explosion of social media and its effect on the collective understanding of how both "knowledge" and "education" work as forms of repression. The introduction updates the text and puts it into current debates in the field and in the larger socio-economic milieu. New dis/positions are presented that explore central questions circulating within and outside curriculum studies. Exciting scholarship on a range of topics includes notions of desire and commodities, youth culture and violence, new directions in curriculum theory, Eco-Ethical consciousness, new Deleuzian views of normality, the diffusion of technology and lines of flight in transnational curriculum inquiry. (shrink)

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and (...) political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

What are the aims of legal philosophy? Which questions should it seek to address? How should legal philosophers approach and engage with their subject-matter, and what constraints are incumbent on them as they do so? What are the criteria of success of theories of law, and how do we know if they have been met? Can there be progress in legal philosophy? In Elucidating Law, Julie Dickson addresses these and other questions concerning the methodology, or the philosophy, of (...) legal philosophy and offers her own distinctive response to them. The book advocates that legal philosophers should espouse an approach that Dickson terms 'Indirectly Evaluative Legal Philosophy.' This distinctive approach can facilitate legal philosophers' understanding of aspects of the nature of law, whilst avoiding prematurely or inappropriately regarding law as inherently morally valuable. Law is a powerful, systemic, and institutionalized social tool. It should be understood in a manner appropriate to its character. (shrink)

This project explores the "contradiction" that critics contend lies at the heart of the Supreme Court's capital sentencing jurisprudence. The doctrine of "guided discretion," represents the Court's attempt to achieve both consistency and individuation in capital sentencing. Guided discretion rejects the unbridled sentencing discretion of an earlier era that resulted in sentencing decisions that were "arbitrary and capricious." At the same time, guided discretion requires juries to give individualized consideration to the facts and circumstances of individual defendants. Critics contend (...) that consistency and individuation are mutually exclusive, and that "guided discretion" is a contradiction in terms. ;The analysis first attempts to isolate the moral dimension of the capital punishment debate, arguing that such analytical clarity is essential to any defensible view of capital punishment. Second, it sets forth and defends the coherence approach to moral and legal justification, according to which the specific moral and legal principles relevant to capital sentencing are evaluated for their compatibility with the principles of the legal system more generally. Third, the analysis canvasses the traditional justifications for punishment, as well as the development of the Court's capital sentencing jurisprudence, and identifies retribution and deterrence as the most promising rationales for the death penalty. Fourth, the claim of contradiction is considered in the context of legal liberalism, which, contrary to critics, has ample resources to accommodate the doctrinal balancing act that guided discretion entails. Moreover, examination of a typical capital sentencing statute establishes that the doctrine of guided discretion is compatible with at least some forms of retributivism and with traditional principles of deterrence. Finally, the analysis recognizes the limits of philosophical consistency. The capital sentencing process presents daunting practical challenges that a theoretical defense of guided discretion cannot fully address. Substantial reforms are needed before the theoretical coherence of guided discretion can be translated into a constitutionally defensible capital sentencing process. (shrink)

This essay considers the growing interest in the methodology of jurisprudence in the context of a broader examination of the relationship between legal theory and the practice of law. Attention is drawn to the particular puzzles of how theory can both be independent of and yet inform practice, and how methodology can take a similar stance towards theory. Through a detailed analysis of the methodological positions adopted by Dworkin, Raz, and Coleman and Simchen, the conclusion is reached (...) that methodology is not a resource capable of offering an independent assessment of the merits of competing theories.Mainstream jurisprudential discussion is traced through the Hart-Dworkin debate to assumptions on the relationship between theory and practice initially adopted by Hart and sustained by subsequent contributors. The morbid condition of a prominent part of contemporary jurisprudence is identified with an unwarranted elevation of theory over practice. A more fruitful role for theory is suggested, in expounding the controversies met in the practice of law and considering the potential that exists for resolving them. It is suggested that this approach breaks down an artificial divide between descriptive and normative jurisprudence.A number of ancillary matters are discussed in the essay including: semantic approaches to legal theory, Dworkin’s semantic sting, the distinction between methodological and theoretical elements of Law’s Empire, Dickson on the ‘indirectly evaluative approach’, the position of Hart in his Postscript, and Raz’s split theory of legal reasoning and law. (shrink)

Hans‐Georg Gadamer founded philosophical hermeneutics with his masterpiece Truth and Method. One of the achievements of Gadamer has been to make “hermeneutics” a household word in philosophical and intellectual debates. Gadamer's objective is to offer a philosophical justification of this type of knowledge, which does not depend on methodology alone, yet without opening the door to the accusation of relativism. Art offers Gadamer an attractive model for the way one should think of interpretation in general. Gadamer's hermeneutics had (...) a profound and lasting influence on philosophy and all the human sciences, mainly history, literary theory, art history, jurisprudence, and theology. Especially influential were Gadamer's ideas on “The Possibility of a Philosophical Ethics”, where he called into question the primacy of Kant's ethics of duty and universal law to rediscover the essence of morality, with Aristotle and Hegel, in the realm of customs and traditions which guide us in everyday life. (shrink)

The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse (...) and evaluate the Union are still in their infancy.This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity. (shrink)

The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse (...) and evaluate the Union are still in their infancy.This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity. (shrink)

There is widespread understanding of the close connection between religion and the ecological crisis, and that in order to amend this crisis, theological resources are needed. This monograph seeks to contribute to this endeavor by engaging the theology of Dietrich Bonhoeffer. His theology is particularly suitable in this context, due to its open-ended nature, and to the prophetic and radical nature of the questions he was prepared to ask--that is why there are many other attempts to contextualize Bonhoeffer's theology in (...) areas that he himself has not directly written about. In this monograph, Steven van den Heuvel first of all addresses the question of how to translate Bonhoeffer's theology in a methodologically sound way. He settles on a modified form of the general method of correlation. Then, secondly, van den Heuvel sets out to describe five major concepts in Bonhoeffer's work, bringing these into critical interplay with discussions in environmental ethics and eco-theology. In making the correlations he thoroughly describes each concept, situating it in the historic and intellectual background of Bonhoeffer's time. He then transposes these concepts to contemporary environmental ethics, describing what contribution Bonhoeffer's theology can make. - back of book. (shrink)

[What It’s Like, or What It’s About? The Place of Consciousness in the Material World] Summary: The book is both a survey of the contemporary debate and a defense of a distinctive position. Most philosophers nowadays assume that the focus of the philosophy of consciousness, its shared explanandum, is a certain property of experience variously called “phenomenal character,” “qualitative character,” “qualia” or “phenomenology,” understood in terms of what it is like to undergo the experience in question. Consciousness as (...) defined in terms of its phenomenal aspect is often called “phenomenal consciousness.” The major issue that occupies most thinkers is whether this phenomenal character happens to be a physical property, or whether it is rather sui generis. Those who believe the former are materialists; those who conclude the latter are dualists. As the currently dominant metaphysic is materialism – also sometimes called physicalism – the challenge appears to be to slot phenomenal properties among the physical properties that ultimately make up the world. David Chalmers argued powerfully that we can go very far in situating many mental properties in the physical world – namely, the properties that can be understood in functional terms – but that phenomenal properties resist such a treatment. Chalmers calls this “the hard problem” of consciousness. But there are also some quite powerful positive arguments for dualism. The two most influential ones are the modal argument, also offered by Chalmers, and the knowledge argument invented by Frank Jackson. Chalmers invites us to conceive of creatures that are exactly like human beings – physically, functionally, behaviorally – only bereft of phenomenal consciousness. If such creatures are conceivable, says Chalmers, they are metaphysically possible. And if they are metaphysically possible, materialism is false. Jackson, for his part, suggests we imagine Mary who has spent her entire life inside a black-and-white room and has seen the world through a black-and-white TV screen. But she also happens to know everything there is to know about the physics of color. And yet, Jackson suggests that once Mary is finally released from her room and sees a lawn outside, she learns something new: that this is what it is like to experience green color. The current work on consciousness is by and large characterized by attempts to answer these two dualistic arguments. I try to make sense of the positions within the domain of philosophy of consciousness by means of two major distinctions that mutually intersect. First, there is a distinction between dualism and materialism. An apparent third alternative currently on offer, the so-called Russellian monism, is unstable, collapsing into either dualism (panpsychism) or materialism (Russellian physicalism). Materialism comes in two main flavors: either the a posteriori physicalism, which detects an epistemic gap between phenomenal and physical truths, hence denying that the former could be derived from the latter; or the a priori physicalism, which does not acknowledge any such obstacle. The second major distinction is between phenomenism and representationalism. It’s true that Ned Block, who introduced this contrast, meant to distinguish between two kinds of materialism. But I believe that the distinction actually intersects the one between materialism and dualism. We thus arrive at a table with six slots, representing six main positions in the philosophy of consciousness: (1) dualist phenomenism (Chalmers, the early Jackson, and Tyler Burge); (2) dualist representationalism (René Descartes); (3) aposteriori materialist phenomenism (Block); (4) a posteriori materialist representationalism (Michael Tye, Fred Dretske, David Rosenthal); (5) a priori materialist phenomenism (David Lewis); and (6) a priori materialist representationalism (Daniel Dennett, Derk Pereboom). However, this scheme is in fact somewhat misleading. It is true that Dennett is usually classified as an apriori materialist (or, more precisely an apriori materialist representationalist), but I believe that needs to be corrected. In order to understand why, I first analyze varieties of materialist representationalism in detail, in particular various construals of phenomenal character in terms of representation, or intentionality, which includes a discussion of the identity of its content (the issue of externalism). By contrast, Dennett rejects the concept of phenomenal character. Consciousness has no intrinsic, publicly inaccessible properties. On that ground, Dennett builds an empirical, fully functionalist theory of consciousness, which he also tries to integrate within a general Darwinian framework. From that point of view, one can contrast Dennettian and representationalist views on the issue of animal consciousness. In addition to his rejection of phenomenal character, Dennett also abstains from the regular metaphysical departure point of regular materialism. He does not so much ask how an enigmatic property of consciousness fits an antecedently characterized world, but rather how far we can investigate all aspects of the world, including consciousness, using the scientific method. He is thus a methodological naturalist, rather than a metaphysical materialist. While this approach removes obstacles to the science of consciousness, it does not solve what might be called “the hardest problem” – of intentionality, not phenomenal consciousness. The hardest problem consists in the fact that our intentional discourse involves conflicting commitments that prevent a coherent metaphysic of representational states. However, it does not follow that we should give up on this discourse as a theoretical means of reduction as well as a practical tool of explanation. But it might be that intentional discourse is a somewhat pseudo one. (shrink)

Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of (...) Hohfeld’s analysis of rights. This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author’s own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger’s theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights. (shrink)

In this unique book, leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. Traditionally the central debates surrounding jurisprudence and legal theory are concerned with the elucidation of the particularities of state-law. This innovative book considers that this orthodox picture may no longer be tenable, given the increasing standardization of technologies, systems and information worldwide.Split across four thematic parts, this timely (...) class='Hi'>book provides a broad overview of the topic, followed by in depth analyses investigating the modifications to jurisprudence's methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders. Chapters cover legal encounters with alterity in a post-monist mode, normative legal pluralism, relating law and power in a historical global context, cosmopolitan legitimacy and human rights and dignity in a corporate world.Jurisprudence in a Globalized World will be a key resource for students and scholars working in global transnational law, public international law and legal theory and philosophy. (shrink)

In the formation of the acquis of the science of fiqh, many scientific figures have been associated with the methods of the Imams of the sect and their views, which are passed on to the next generations. In the history of the Ḥanafī mad̲h̲hab, there are many scholars whose works, views or just their names have survived. The views of the scholars who are at the forefront of this work can be accessed through their works. The opinions of some scholars (...) who did not have works, or whose works have not survived, can be found in the jurisprudential corpus of other scholars. Unfortunately, there are many scholars whose works and opinions have not survived, and only their names are mentioned. This study focuses on the Ḥanafī jurist al-Baqqālī (d. 452/1060), whose scholarly personality, position in jurisprudence and works have not survived to the present day, although his name is mentioned in fiqh literature. The article analyses various sources and evidence for the identification of al-Baqqālī. The main argument of the article was clarified by examining fiqh books, which are among the authoritative sources of the Ḥanafī fiqh corpus, rather than works of ṭabaḳat, and by scanning digital resources. The determination and presentation of the scholarly personality of al-Baqqālī and his jurisprudential views are the distinctive feature of this article. Baqqālī was recognised as an influential jurist within the Ḥanafī fiqh tradition and was considered one of the mashāʼịḵẖ (eminent jurists). However, detailed information about him could not be found. However, considering the available evidence, it is proven that al-Baqqālī, who stands out with the attribution of al-Baqqālī, is not al-Baqqālī whose views are consulted in the Ḥanafī mad̲h̲hab and among the possibilities that arise, the views that predominate in the identification of al-Baqqālī's identity are given. For this reason, it is emphasised that Baqqālī is a figure that requires further research and study. It is emphasised that this article can contribute to the understanding of the Ḥanafī fiqh tradition. Baqqālī's jurisprudential views on some matters of worship and transaction reflect important debates. Although al-Baqqālī adhered to the basic principles of the Ḥanafī mad̲h̲hab, he occasionally developed original ijtihād against the general views of the imams or the mad̲h̲hab. Baqqālī's original jurisprudence and jurisprudential views occupy an important place in the sect's literature. He was particularly influential in matters of fatwa and left his views to later jurists. Such a study aims to solve a scholarly problem in the fields of the history of science and the history of fiqh. Clarifying the identities and specialisms of those involved can help to ensure historical and scientific clarity. The purpose of this article is to contribute to the accumulation of historical and scientific knowledge by seeking to learn more about this issue and to reduce uncertainties. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.2 (2004) 232-233 [Access article in PDF] Giuseppina D'Oro. Collingwood and the Metaphysics of Experience. New York: Routledge, 2002. Pp. xi + 179. Cloth, $80.00. There is a resurgence of interest in Collingwood among philosophers and political theorists in the English-speaking world. One of the scholars leading this resurgence is Giuseppina D'Oro, whose fine monograph on Collingwood's metaphysics and epistemology appears in the (...) series "Routledge Studies in Twentieth-Century Philosophy." D'Oro's prose is lucid and tightly argued: her analyses of the problems that concerned Collingwood, as well as her reinterpretations and supporting arguments, are a thoughtful model of clarity.Collingwood is generally ignored except by philosophers of art and history; D'Oro aims to reassess Collingwood's important metaphysical and epistemological views and raise awareness of them. Arguing that, when not ignored, these aspects of Collingwood's philosophy often have been misinterpreted, D'Oro supplies a reconstruction and defense of Collingwood's conception of philosophical thought. Admirably and insightfully, she contextualizes his concerns within the past three centuries of philosophy and also within influential contemporary discussions (addressing, for example, relationships to Locke, Hume, Kant, Prichard, Russell, Ryle, Ayer, James, Rorty, and Quine). D'Oro demonstrates that Collingwood provides crucial contributions to both the history of philosophy and contemporary debates.For D'Oro, Collingwood's key text is his An Essay on Philosophical Method (1933), which is concerned with the proper subject matter, method, and task of philosophy. This work, [End Page 232] with its distinction between philosophical and empirical concepts, introduces into Collingwood's metaphysics the Kantian element that D'Oro emphasizes to support her original interpretation. Collingwood's metaphysics, like Kant's, is described as a "descriptive metaphysics" or "metaphysics of experience" (2-3) which was intended to reform, not jettison, metaphysics. Conceptual rather than ontological, Collingwood's metaphysics is an epistemological project that reveals not the "structure of reality," but the "structure of experience" (2). According to Collingwood, all knowledge is based on presuppositions and conditioned by them; thus, metaphysics cannot be a presuppositionless "study of pure being" (3) or things-in-themselves. Rather, Collingwood's Kantian metaphysics aims to uncover the absolute presuppositions behind various aspects of experience, presuppositions that ground or make possible diverse forms of knowledge and that structure different domains of inquiry. D'Oro here argues intriguingly against a view of much Collingwood scholarship: that for the later Collingwood of An Essay on Metaphysics (1940), metaphysics is the study of the historically relative presuppositions adopted by diverse people of different historical eras or epochs, i.e., metaphysics entails historical relativism. Instead, D'Oro contends, metaphysics for Collingwood is the second-order study of the absolute presuppositons that provide the conditions for the possibility of disciplinary knowledge. Furthermore, she argues, this metaphysical view is consistent with An Essay on Philosophical Method. Contra some commentators, there is no "early" and "late" Collingwood, and the notion that he ultimately experienced a "radical conversion" (79) to historical relativism is false.Collingwood's metaphysics of experience entails that domains of inquiry such as art, religion, natural science, and history are governed by distinct presuppositions or a priori principles and thus provide complementary, not competing, accounts of reality. Hence, history deals with actions and presupposes that their causes are freely chosen reasons or motives; natural science deals with events and presupposes that they are caused by empirical regularities in nature. These presuppositional distinctions are philosophical and conceptual rather than empirical, and different areas of knowledge may address the same empirical objects in different ways.This truncated summary hardly does justice to the rich totality of D'Oro's book, much of which provocatively works out the implications of her reinterpretation. Among other things, she defends Collingwood against metaphysical realism, neo-empiricism, and logical positivism; addresses his idiosyncratic "'rehabilitation' of the ontological proof" (67); argues against the common view that his philosophy of history promotes "re-enactment" as a methodological procedure for historical practice; and explores his non-dualist and non-physicalist resolution of the mind/body problem.Perhaps... (shrink)

This paper aims to show that the development of Feyerabend’s philosophical ideas in the 1950s and 1960s largely took place in the context of debates on quantum mechanics. In particular, he developed his influential arguments for pluralism in science in discussions with the quantum physicist David Bohm, who had developed an alternative approach to quantum physics which (in Feyerabend’s perception) was met with a dogmatic dismissal by some of the leading quantum physicists. I argue that Feyerabend’s arguments for theoretical (...) pluralism and for challenging established theories were connected to his objections to the dogmatism and conservatism he observed in quantum physics. However, as Feyerabend gained insight into the physical details and historical complexities which led to the development of quantum mechanics, he gradually became more modest in his criticisms. His writings on quantum mechanics especially engaged with Niels Bohr; initially, he was critical of Bohr’s work in quantum mechanics, but in the late 1960s, he completely withdrew his criticism and even praised Bohr as a model scientist. He became convinced that however puzzling quantum mechanics seemed, it was methodologically unobjectionable – and this was crucial for his move towards ‘anarchism’ in philosophy of science. (shrink)

A crucial debate currently raging in the fields of cognitive and social science centers around general and specific approaches to understanding the actions of others. When we understand the actions of another person, do we do so on the basis of a general theory of psychology, or on the basis of an effort to place ourselves in the particular position of that specific person? Hans Herbert Kögler and Karsten R. Stueber's Empathy and Agency addresses this other issues (...) vital to current social science in an advanced and diverse analysis of the foundations of social-scientific methodology based on recent cognitive psychology. The book serves as both an introduction to the debate for non-academic audiences and as a catalyst for further discussion for serious theorists. Empathy and Agency provides a solid foundation of the fundamental issues in social and cognitive science, but also presents the most influential paradigms in the field at this time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 543-564 [Access article in PDF] Eduard Gans and the Crisis of Hegelianism Warren Breckman In a 1834 report on the development of economic associationism in France, Johannes Schön detected an echo in Germany, the stirrings of a debate over the "modern Associationswesen." This discussion, he believed, would be crucial to the future of the "national economy." 1 Schön was an (...) astute observer, for the German discussion of associationism in the early 1830s was indeed but a faint echo of the French; and insofar as the idea of association was addressed by prominent social writers in those years, it was generally greeted with suspicion. This was the case, for instance, with the liberal thinker Robert von Mohl, whose influential 1835 tract on the social question criticized the notion of proletarian associationism. Conversely, by the early 1840s, association was on many tongues as a panacea for the social ills of the age. By 1840 Mohl himself had embraced the "Assoziationsprinzip" as an antidote to the atomized condition of modern social life. 2Among the relatively small number of German writers who did champion association in the 1830s, the claims for its significance were already grandiose. Moses Hess's Die heilige Geschichte der Menschheit (1837) and August von Cieszkowski's Prolegomena zur Historiosophie (1838) both linked social solidarity to millenarian expectations of a new age of humanity. Even before Hess or Cieszkowski, the first German book on Charles Fourier, by one S. R. Schneider, bore the title Das Problem der Zeit und dessen Lösung durch die Assoziation (1834), while another, by Fr. Hr. Tappehorn, was headed Die vollkommene Association, als Vermittlerin der Einheit des Vernunftstaates und der Lehre Jesu (1834). Yet the enormous importance assigned to associationism [End Page 543] in these titles exposes the ambiguity of the idea itself. For if, as one historian has claimed, "free association can be regarded in principle as the central organizational form of modern or industrial society," 3 there was no agreement on its nature. Should the right of association be understood as liberal or socialist, individualistic or collectivist? Is free association the core idea and mode of interaction of a pluralistic and competitive civil society, or is it the principle of unification that will overcome pluralism and competition? These fundamental questions were to preoccupy nineteenth- and early-twentieth-century debates in areas as diverse as revolutionary theory, labor union activism, and the regulation of business cartels. However, in the 1830s, under the pressure of the newly perceived social question, the stirrings of industrialization in Germany, and the revival of democratic politics in the July Revolution, these issues first appeared with a force that drew the attention of intellectuals.Perhaps no German intellectual of the 1830s so perfectly embodies the implicit tensions of the idea of associationism as the Hegelian philosopher of law, Eduard Gans (1797-1839). A student of the Heidelberg legal scholar A. J. Thibaut, Gans later came to be considered by Hegel as one of his most brilliant followers. Once Gans became a professor in the Juristic Faculty at the University of Berlin in the mid-1820s, it was he, not Hegel, who taught a generation of students the intricacies of Hegelian political philosophy. Gans died in 1839 at the age of 42, felled at a luncheon by a stroke while in mid-sentence, a victim, according to the Hallische Jahrbücher, of his own passion for discussion. This volubility is more than evident in his oeuvre, which includes a multi-volume study of inheritance law in world history, dozens of essays on legal philosophy and political and legal issues in his native Prussia and Europe, a popular memoir, and an edition of Hegel's Philosophy of Right. He was instrumental, moreover, in creating the Society for Scientific Critique in 1826, the Hegelian "counter-academy" established in response to the Royal Prussian Academy of Sciences' decision to exclude Hegel, and he was a founder of Die Jahrbücher für wissenschaftliche Kritik, the organization's journal and the main organ of Hegelianism. At... (shrink)

the question of objectivity in legal interpretation has emerged in recent years as an imprtant topic in contemporary jurisprudence. This book addresses the issue of how and in what sense legal interpretation can be objective. The author supports the possibility of objectivity in law and spells out the content of objectivity involved. He then provides a defence against the classical, as well as less well-known, objections to the possibility of objectivity in legal interpretation. The discussion is thoroughly grounded (...) in metaphysics, which sets the book apart from other similar discussions in jurisprudence. Stavropoulos identifies an important source of resistance to the acceptance of the possibility of objectivity in legal interpretation; a widely held but faulty semantic. He then develops an alternative semantic framework, drawing on influential theories in contemporary philosophy. The book shows that objectivism is a natural, common sensical position, and rejects the currently popular notion that objectivism requires extravagant or bizarre metaphysics. Furthermore, the discussion presents the opportunity to re-interpret major debates in jurisprudence and to show how influential theories, notably H.L.A. Hart's and Ronald Dworkin's, bear on that issue. (shrink)

the question of objectivity in legal interpretation has emerged in recent years as an imprtant topic in contemporary jurisprudence. This book addresses the issue of how and in what sense legal interpretation can be objective. The author supports the possibility of objectivity in law and spells out the content of objectivity involved. He then provides a defence against the classical, as well as less well-known, objections to the possibility of objectivity in legal interpretation. The discussion is thoroughly grounded (...) in metaphysics, which sets the book apart from other similar discussions in jurisprudence. Stavropoulos identifies an important source of resistance to the acceptance of the possibility of objectivity in legal interpretation; a widely held but faulty semantic. He then develops an alternative semantic framework, drawing on influential theories in contemporary philosophy. The book shows that objectivism is a natural, common sensical position, and rejects the currently popular notion that objectivism requires extravagant or bizarre metaphysics. Furthermore, the discussion presents the opportunity to re-interpret major debates in jurisprudence and to show how influential theories, notably H.L.A. Hart's and Ronald Dworkin's, bear on that issue. (shrink)

Mamluks reigned in Egypt a long time is an era of Kipchak Turks that have influence management, and Kipchak Turks has been influential in a period in the administration there. During this period, that Turkish rulers do not know Arabic language well, Turkish language is spoken in the palace and also idea of being closer to Turkish manager screated an interest in learning. One of the famous scholars realizing that interest is Abū Ḥayyān al-Andalusī. Abū Ḥayyān by learning Turkish (...) language especially from Fakhr al-dīn Divrigi and analysing written previously works, wrote Kitāb al-Idrāk li-lisān al-Atrāk. This book has consisted of introduction, vocabulary and grammar section. We also aimed in our study to examine Kitāb al-Idrāk in terms of content and than in terms of lexicography of the linguistic branch. -/- SUMMARY Mamluks reigned in Egypt a long time and in its reign Kipchak Turks had influence in management. Because of the Turkish rulers who have military background did not know Arabic language well, Turkish language was spoken in the palace and also idea of being closer of scholars and notable people to Turkish rulers got brought an interest in learning Turkish. One of the famous scholars realizing that interest is Abū Ḥayyān al-Andalusī (d. 745/ 1344). The true name of Abū Ḥayyān is Muḥammed b. Yūsuf b. Ali b. Ḥayyān al-Tawḥīdī and he is an Andalusian linguist and exegete. Abū Ḥayyān who came from a Berber family born in the Matahsharesh village of Granada in 654/1256 and died in Cairo in 28th time 745 (11 July 1344). There is not much information about his family in the sources, but it is mentioned that he has a daughter whose name is Nada, a son named Hayyân in his name, and some grandchildren which are named Muḥammad and Ummu Ḥayyān. Abū Ḥayyān became a famous as Ethīr al-dīn and at the same time, he is also known as Naḥvī, Ghirnātī (Granadian), Ceyyānī, and Nafzī. He took lessons in Granada from great scholars such as Abd al-ḥaķ b. Ali al-Anṣarī, Abū Ḥasan al-Ubbezī, Abū Cafer Aḥmed b. Ibrahīm b. Zubair, Ibn Abū al-Ahvas and became a proficient scholar and teacher in matters such as morphology, syntax, language, commentary, hadith, methodology of Fiqh and Kalām. He wrote about 18 works in different sciences and if we mention some of that are al-Baḥr al-muhīt, al-Nahr al-mād, Tuhfat al-arīb bimā fī al-Qur'ān min al-gharīb and some of his works have reached to our time and some of those did not. Abū Ḥayyān left Andalus for various reasons and visited many centers of science and eventually continued his scientific activities in Cairo. Abū Hayyān, who is a great interest in learning languages, has learned Turkish language with the other popular languages ​​such as Persian, Amharic and Himyarite language and written books about these languages. His mainly works about Turkish language are the Kitāb al-Idrāk li-lisān al-Atrāk, Zehv al-mulk fi naḥv al-Turk, al-Af'al fi lisān al-Turk and al-Durret al-mudiyye fi lughat al-Turkiyye. These works did not reach to our days except Kitāb al-Idrak. Kitāb al-Idrāk consists of three sections, namely introduction, dictionary which includes 2200 words, and grammar that is composed of morphology and syntax and this book which is known as al-Idrāk is written in the Turkish which is spoken in XIV-XVI century tongue and named as Middle Turkish Period-Mamluk Kipchak Turkish. The first chapter begins with basmala and continues with detailed his genealogy, personal record, praise to Allah and salawat and salaam to Prophet Muhammad. After this introduction, it is explained the intention of writing this work. The second chapter is a dictionary which the words are explained in alphabetical order. Although Abū Ḥayyān speaks about 23 letters in the Kipchak alphabet, he does not explain the words related to all, but examines 19 items. In this dictionary, it does not take part some letters, that is letters sā, zāl, zā (letters of lips which is written in English th); letters dâd, ayn, fa (letters of throat) which Arabs use. In the third chapter, there is a part of the tasrif (knowledge of morphology) which is generally called knowledge of morphology today. In this section, it is dealt with about the types of words namely, name of diminutive, name of belonging name, plural, agent name, passive name, exaggerated factor name, infinitive, name indicating the location, name of device, arbitrary name, and idâd (which adds are derivation of noun from name like lık, lik at the end of the word) and then it comes to the end with shadda. Section of syntax which is called by the author as consisted of compound and is prepared according to systematic of Arabic grammar begins with the sentence structure in Kipchak language. After that it continues with definite-ambiguous names, verb (orders, past, imperfect verbs), subject-predicate in nominal sentence, nevāsiḫ (additional actions helped change the meaning of the noun phrase), Arabic leyte which express by the actual wish mold and the like, such as two mef'ūl area of ​​the heart of verbs in Arabic told (I think) were deaf ( Turkmen thinks he), acts like it yet scientists (verb phrase in), acts offender (verb-subject), the abutment of the verb nefiy prepositions, prepositions, the nehiy (ban), passive verbs and naib-i fail (so-called subject); other elements of the sentence, called the act müteallakat are: cognate accusativ, direct object, time period (time complement), the envelope space (located complement), state (envelope), causative object, the exception, the specification, conflict of laws, the annexation, the oat, the dependencies: adjective, conjunction, confirm, the apposition; conditional structure. After these, he mentions to letters of meanings (huruf al-maani), and concludes this chapter with information about the date, place, and name of the author of the book. Abū Hayyān used induction method in the book. Since he gave the forms of the words in double, then the triple, quadruple, quintet and other forms. He tried to teach the pronunciation of words by explaining the etymology of word sand the changes of the voices. He examined the words which are synonyms/ contrasted, synonym voice, singular/plural, and words that are passed by foreign languages into Turkish dialects then they are turned into Turkish word structure; brought out witnesses from proverbs and poetries. As a result, in this work, which consists of dictionary and grammar sections, it can be said that it is used predominantly in linguistic information - translation method . (shrink)

The second Yearbook of the Central East European Forum of Young Legal, Political and Social Theorists aims at reassessing some major legacies of jurisprudence and political philosophy, thereby celebrating one hundred years from the publication of the first important theoretical account of Hans Kelsen - Hauptprobleme der Staatsrechtslehre; the fifty-years anniversary of one of the most important contemporary books in legal theory - Herbert Hart's The Concept of Law; as well as the forty-years heritage of the most influential (...) 20th century account of justice - John Rawls's A Theory of Justice. On this occasion fourteen scholars from Eastern and Central Europe gave their accounts and interpretations of jurisprudential and political philosophical problems that persist or emerge anew in contemporary debates. (shrink)

Eduard Pernkopf’s Atlas of Topographical and Applied Human Anatomy is a four-volume anatomical atlas published between 1937 and 1963, and it is generally believed to be the most comprehensive, detailed, and accurate anatomy textbook ever created. However, a 1997 investigation into “Pernkopf’s Atlas,” raised troubling questions regarding the author’s connection to the Nazi regime and the still unresolved issue of whether its illustrations relied on Jewish or other political prisoners, including those executed in Nazi concentration camps. Following this investigation, the (...) book was removed from both anatomy classrooms and library bookshelves. A debate has ensued over the book’s continued use, and justification for its use has focused on two issues: there is no definitive proof the book includes illustrations of concentration camp prisoners or Jewish individuals in particular, and there is no contemporary equivalent to this text. However, both points fail to address the central importance of the book, not simply as part of anatomy instruction, but also as a comprehensive historical narrative with important ethical implications. Having encountered a first edition copy, these authors were given a unique opportunity to engage with the text through the respective humanities lenses of history, ethics, and narrative. In doing so, an instructive and profound irony has surfaced: Nazis, including Pernkopf, viewed specific groups of people as less than human, giving rise to unthinkable atrocities perpetuated against them. However, these same individuals became the sources for the creation of the Atlas, which served as the model for primary instruction on the human form for more than half of the twentieth century. In this article, we recount the difficult and somewhat opaque provenance of this book, engage the ethical questions surrounding both its creation and its use, and ultimately propose a pedagogical methodology for its continued use in medical education. (shrink)

This year marks the centenary of John Rawls's birth and the fiftieth anniversary of the publication of A Theory of Justice. The influence of Rawls's landmark book on the general fields of moral and political philosophy is undisputed and well-documented. It has also left a significant imprint on debates surrounding health policy, health care, and health inequalities. This article traces the changing ways in which Rawls's theory influenced debates about justice in health over the last five decades. Just (...) as Rawls's ideas have shaped debates about health, however, these debates can help us critically appraise the theory and its limitations. In that spirit, the article sketches three areas where a focus on health reveals challenges to the Rawlsian framework: the issue of priority setting among competing goods, the theory's egalitarian commitments, and its focus on the distribution of goods. (shrink)

Students of classical Chinese philosophy are quite justly puzzled by the debates and paradoxes in the "School of Names" and the extant logico-semantic texts of the Later Mohists. The latter has received an incisive and extensive treatment in A. C. Graham's Later Mohist Logic, Ethics and Science. Thus far, no larger systematic work on Chinese logic and philosophy of language is available in English. Hansen's book is a good attempt to deal in the large scale with classical Chinese philosophy (...) of language. This book consists of five carefully written chapters. The first expounds a methodology which starts from the premise that interpretation is a theory--"an attempt to explain a text--to render it understandable. As such it is inescapably relative to the intended audience, and appropriately wedded to the critical, rational, logical evaluation procedures appropriate to other theories. The main evaluative features on which we have concentrated is the coherence of the theory." The text at issue is that ascribed to Kung-sun Lung discussed in chapter 5. In terms of its announced aim, it succeeds well in rendering a plausible though by no means uncontroversial explication of the text. The attempted explication is, however, mediated by a number of chapters which raise interesting philosophical issues that repay closer examination by students and philosophical scholars of Chinese philosophy of language. Chapter 2, for example, proposes a bold hypothesis on Chinese philosophy in terms of the logic of mass nouns. It is claimed that a "stuff-like ontology and semantics were implicitly operating as a background assumption behind pre-Han philosophy," and a negative corrollary: "an hypothesis that an abstract or mentalistic ontology and semantics of the type common to Western thinkers were not implicit assumptions behind pre-Han philosophy." For the reviewer, the negative thesis is highly plausible independently of the adequacy of the first. (shrink)

Available from UMI in association with The British Library. ;This thesis traces endeavours in the twentieth century to provide the 'intellectual' foundations for general medical practice as an independent, autonomous clinical discipline. The empirical focus of the study is upon the application of psychological and 'person-centred' approaches to general practice; above all, in the work of Michael Balint, and the Royal College of General Practitioners in the post-war period. The thesis is guided by two predominant theoretical concerns. (...) First, to highlight the complex strategies and the wide range of means and resources that have been required to give substance to the claim that general practice is 'by nature' a person-centred endeavour. Second, to consider--and to question--certain influential approaches to medical power in general, and to the social consequences of 'emancipatory'--person-centred--forms of medicine in particular. Specifically, the 'power/knowledge' approach to medical sociology is contested both with regard to its empirical findings and in relation to its basis in the work of Michel Foucault . ;The study which follows is intended neither as a narrative history of general practice nor as a history of ideas about general practice. Its empirical concern is more specific than either of these. Focusing upon the twentieth century and above all the post-war period, it seeks to analyse some of the ways in which general practitioners have sought to autonomise their discipline by giving it an 'intellectual' basis. If the 'general practitioner' has long existed as a professional label then nevertheless notions of what unifies the general practitioner's activities have undergone a degree of mutation. It is these 'models' of general practice--physiological, epidemiological, psychological--which will be investigated here. As such, the purpose behind the study is partly of a 'methodological' order. The study seeks to show that what counts in evolving a coherent model of general practice is not just the provision of a 'representation' of the general practitioner's activities but a construction on several levels. (shrink)

This collection of papers investigates the most recent debates about individualism and holism in the philosophy of social science. The debates revolve mainly around two issues: firstly, whether social phenomena exist sui generis and how they relate to individuals. This is the focus of discussions between ontological individualists and ontological holists. Secondly, to what extent social scientific explanations may and should, focus on individuals and social phenomena respectively. This issue is debated amongst methodological holists and methodological individualists. -/- In social (...) science and philosophy, both issues have been intensively discussed and new versions of the dispute have appeared just as new arguments have been advanced. At present, the individualism/holism debate is extremely lively and this book reflects the major positions and perspectives within the debate. This volume is also relevant to debates about two closely related issues in social science: the micro-macro debate and the agency-structure debate. -/- This book presents contributions from key figures in both social science and philosophy, in the first such collection on this topic to be published since the 1970s. -/- . (shrink)

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of (...) the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts. (shrink)

“This book will certainly prove to be a useful resource and reference point … a good addition to anyone’s bookshelf.” Network "This is a superb collection, expertly presented. The overall conception seems splendid, giving an excellent sense of the issues... The selection and length of the readings is admirably judged, with both the classic texts and the few unpublished pieces making just the right points." William Outhwaite, Professor of Sociology, University of Sussex "... an indispensable book for all (...) of us in philosophy and the social sciences who teach and care about the shape of social knowledge in the future." Steven Seidman, Professor of Sociology, State University of New York Albany "For a comprehensive account of the ways in which world transformations affect claims to social scientific knowledge, one need look no further than Gerard Delanty and Piet Strydom's Philosophies of Social Science . ...this collection captures nicely the increasingly engaged political nature of the philosophy of social science. Debates about pragmatism, feminism and postmodernism are particularly well represented" The Australian What is social science? How does it differ from the other sciences? What is the meaning of method in social science? What is the nature and limits of scientific knowledge? This collection of over sixty extracts from classic works on the philosophy of social science provides an essential textbook and a landmark reference in the field. It highlights the work of some of the most influential authors who have shaped social science. The texts explore the question of truth, the meaning of scientific knowledge, the nature of methodology and the relation of science to society, including edited extracts from both classic and contemporary works by authors such as Emile Durkheim, Georg Simmel, Max Weber, Alfred Schutz, Max Horkheimer, Jurgen Habermas, Alvin Gouldner, Karl-Otto Apel, Michel Foucault, Pierre Bourdieu, Anthony Giddens, Dorothy Smith, Donna Haraway, Sigmund Freud, Jacques Derrida and Claude Levi-Strauss. The readings are representative of the major schools of thought, including European and American trends in particular as well as approaches that are often excluded from mainstream traditions. From a teaching and learning perspective the volume is strengthened by extensive introductions to each of the six sections, as well as a general introduction to the reader as a whole. These introductions contextualise the readings and offer succinct summaries of them. This volume is the definitive companion to the study of the philosophy of social science, taught within undergraduate or postgraduate courses in sociology and the social sciences. (shrink)

This book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive communities, (...) and some general implications of the debate for issues like the nature of legal theory and the possibility of objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish, who concludes the collection with an interview in which he discusses the main topics discussed in the collection. (shrink)

This article focuses on Jonathan Berg’s Theory of Direct Belief as presented in his 2012 book Direct Belief. An Essay on the Semantics, Pragmatics, and Metaphysics of Belief. After regimenting Berg’s key theses and discussing the sources of their general unpopularity, I proceed to reconstruct Berg’s book-length argument for his conclusions. I here make explicit that Berg relies on a range of strong meta-semantic principles and assumptions. I conclude that even if Berg has brought considerable methodological rigor (...) to the on-going debate over the semantics of natural language attitude ascriptions, and has proposed an elegant and consistent theory, he has not offered compelling reasons to accept his preferred methodological constraints in light of the difficulties, which those constraints impose upon attitude ascription semantics. (shrink)

Chapter one is an introduction. In chapter two, I argue that, due to a lack of knowledge of Newton, Hume is unable to use the "Science of Man" to provide a foundation for the other sciences. Hume's account of causality and the missing shade of blue receive special attention. Hume tries, without paying attention to scientific practice, to constrain what science can be about. ;In chapter three, I reconstruct Adam Smith's epistemology. The major theoretical concept of Smith's moral psychology, the (...) "Impartial Spectator," illuminates his views on the articulation and reception of scientific theories; it brings out the open-ended, social and norm-governed nature of science. Sentiments motivate inquiry, but adopting its results can still be reasonable. After Newton, Smith is not a skeptic, but a realist. ;In chapter four, I explain Smith's methodology in Wealth of Nations . Smith employs a model to enable observed deviations from expected regularities to uncover genuine social causes and aid in improving theory in a potentially open-ended process of successive approximation. I draw on The History of Astronomy where Smith attacks Descartes for trying to explain away deviations from general rules. ;In Chapter five, I explain the political aims of Smith's WN. Smith is an Incremental Redistributionist . Smith's reform proposals and the values that guide his theorizing are in aid of the working poor. I attack a possible political counter-argument against this by attending to Smith's historical understanding of property; Smith's defense of property rights, following Hume's critique of Locke, is by no means absolute. Yet, Smith's appeals to "humanity" appear without justification in WN. ;In chapter six, I investigate the purpose of philosophy in commercial society. In the debate between Rousseau and Hume on philosophic self-understanding, between self-sufficiency and independence, Smith sides with the latter. Smith emphasizes, however, that once basic needs are met, friendship among equals is a more valuable than wealth; it provides happiness and is within every one's reach. Philosophers can enjoy immortality after death if they attempt to be benefactors to humanity, but Smith believes that philosophic friendship is its own and highest reward. (shrink)

Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult (...) issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself. (shrink)

In this book I show that science suffers from a damaging but rarely noticed methodological disease, which I call rationalistic neurosis. It is not just the natural sciences which suffer from this condition. The contagion has spread to the social sciences, to philosophy, to the humanities more generally, and to education. The whole academic enterprise, indeed, suffers from versions of the disease. It has extraordinarily damaging long-term consequences. For it has the effect of preventing us from developing traditions and (...) institutions of learning rationally devoted to helping us learn how to make progress towards a wiser, more civilized world. On our fragile earth, overcrowded, fraught with injustice, inequality and conflict, menaced by unprecedented and terrifying technological and industrial means for change and destruction, we urgently need to acquire a little more wisdom and civilization if we are to avoid repeating horrors of the kind suffered by so many during the 20th century (and already suffered by many in the first few years of the 21st century). We can ill afford to have in our hands instruments of learning botched and bungled from the standpoint of helping us learn how to live more wisely. It may seem scarcely credible that something as important as our institutions of learning can suffer from wholesale, structural defects. Why has this not been noticed before? Why have not armies of scientists and scholars appreciated the point and, long ago, put the matter right? The answer will emerge as my argument unfolds. I will show that one of the most damaging features of rationalistic neurosis is that it has built-in methodological and institutional mechanisms which effectively conceal that anything is wrong. But there is also an immediately obvious reason: specialization, and the resulting fragmentation of academia, has resulted in a situation in which hardly anyone takes responsibility for the overall ideals, the overall aims and methods, of academic inquiry. Academics, these days, are specialists, furiously trying to keep abreast of developments in their own specialist fields. They have no time, and no inducement, to lift their eyes from their particular disciplines, and look at the whole endeavour. Science has long been under attack, at least since the Romantic movement. Blake objected to “Single vision & Newton’s sleep” and declared that “Art is the Tree of Life... Science is the Tree of Death”. Keats lamented that science will “clip an Angel’s wings” and “unweave a rainbow”. Whereas the Enlightenment had valued science and reason as tools for the liberation of humanity, Romanticism found science and reason oppressive and destructive, and instead valued art, imagination, inspiration, individual genius, emotional and motivational honesty rather than careful attention to objective fact. Much subsequent opposition to science stems from, or echoes, the Romantic opposition of Blake, Wordsworth, Keats and many others. There is the movement Isaiah Berlin has described as the “Counter-Enlightenment” (Berlin, 1979, ch. 1). There is existentialism, with its denunciation of the tyranny of reason, its passionate affirmation of the value and centrality of irrationality in human life, from Dostoevsky, Kierkegaard and Nietzsche to Heidegger and Sartre (see, for example, Barrett, 1962). There is the attack on Enlightenment ideals concerning science and reason undertaken by the Frankfurt school, by postmodernists and others, from Horkheimer and Adorno to Lyotard, Foucault, Habermas, Derrida, MacIntyre and Rorty (see Gascardi, 1999). The soul-destroying consequences of valuing science and reason too highly is a persistent theme in literature: it is to be found in the works of writers such as D.H. Lawrence, Doris Lessing, Max Frisch, Y. Zamyatin. There is persistent opposition to modern science and technology, and to scientific rationality, often associated with the Romantic wing of the green movement, and given expression in such popular books as Marcuse’s One Dimensional Man, Roszak’s Where the Wasteland Ends, Berman’s The Reenchantment of the World and Appleyard’s Understanding the Present. There is the feminist critique of science and conceptions of science: see, for example, Fox Keller (1984) and Harding (1986). And there are the corrosive implications of the so-called “strong programme” in the sociology of knowledge, and of the work of social constructivist historians of science, which depict scientific knowledge as a belief system alongside many other such conflicting systems, having no more right to claim to constitute knowledge of the truth than these rivals, the scientific view of the world being no more than an elaborate myth, a social construct (see Barnes and Bloor, 1981; Bloor, 1991; Barnes, Bloor and Henry, 1996; Shapin and Schaffer, 1985; Shapin, 1994; Pickering, 1984; Latour, 1987). This latter literature has provoked a counter-attack by scientists, historians and philosophers of science seeking to defend science and traditional conceptions of scientific rationality: see Gross and Levitt (1994), Gross, Levitt and Lewis (1996), and Koertge (1998). This debate between critics and defenders of science came abruptly to public attention with the publication of Alan Sokal’s brilliant hoax article ‘Transgressing the boundaries’ in a special issue of the cultural studies journal Social Text in 1996 entitled Science Wars: see Sokal and Bricmont (1998). What does this book have to contribute, given the above avalanche of criticism of science? The criticisms of science developed in this book are diametrically opposed to the above, in so far as the above criticisms oppose scientific rationality, seek to diminish or restrict its influence, or hold that it is unattainable. My central point is that we suffer, not from too much scientific rationality, but from not enough. What is generally taken to constitute scientific rationality is actually nothing of the kind. It is rationalistic neurosis, a characteristic, influential and damaging kind of irrationality masquerading as rationality. Science is damaged by being trapped within a widely upheld but severely defective philosophy of science; free science from this defective philosophy, provide it with a more intellectually rigorous philosophy, and it will flourish in both intellectual and humanitarian terms. And more generally, as we shall see, academic inquiry as a whole is damaged by being trapped within an intellectually defective philosophy of inquiry; free it from this defective philosophy, from its rationalistic neurosis, and it will flourish in intellectual and human terms. It is not reason that is damaging, but defective pretensions to reason — rationalistic neurosis —masquerading as reason. Thus what I seek to do here is the exact opposite of what all those who oppose science and scientific rationality do. I shall argue that Reason, the authentic article, arrived at by generalizing the progress-achieving methods of science, can have profoundly liberating and enriching consequences for all worthwhile, problematic aspects of life, and thus deserves to enter into every aspect of life. The bare bones of the argument of this book can be stated quite simply like this. Science cannot proceed without making the substantial metaphysical assumption that the universe is physically comprehensible (to some extent at least). But this conflicts with the orthodox view that in science everything is assessed impartially with respect to evidence, nothing being permanently assumed independently of evidence. So the metaphysical assumption of comprehensibility is repressed. Science pretends that no such assumption is made. But this damages science. For the assumption is substantial, influential and highly problematic. It needs to be made explicit within science so that it can be critically scrutinized, so that alternatives can be developed and considered. Pretending the assumption is not being made undermines the intellectual rigour of science, its intellectual value and success. And it does not stop there. For science also makes value assumptions. Quite properly, science is concerned to discover that which is of value. New factual knowledge devoid of all value (whether intellectual or practical) does not contribute to science. But the orthodox view of science holds that values have no place within science. As in the case of metaphysics, here too, science pretends that values have no role to play within the intellectual domain of science. And this damages science. For values are, if anything, even more influential and problematic than metaphysics (in influencing the direction of research). Here too, values need to be made explicit within science so that they can be scrutinized, so that alternatives can be developed and assessed. Pretending that values play no role within the intellectual domain damages science; both the intellectual and the practical aspects of science are adversely affected. Science fails to pursue those avenues of research that lie in the best interests of humanity. And it goes further. Science is pursued in a social, cultural, economic and political context. It is a part of various social, economic and political projects which seek to achieve diverse human objectives. But the idea that science is an integral part of humanitarian or political enterprises with political ends clashes, once again, with the official view of science that the aim of science is to improve factual knowledge. The political objectives of science are repressed. And, once again, this damages science. For, of course, the political objectives of science, like all our political objectives, are profoundly problematic. These need to be made explicit so that they can be scrutinized, so that alternatives can be developed and considered. The pretence that science does not have this political dimension once again undermines the intellectual rigour of science, and its human value. It lays science open to becoming a part of economic, corporate and political enterprises that are not in the best interests of humanity. The upshot of the line of argument just indicated is that we need to bring about a revolution in the aims and methods of science, and of academic inquiry more generally. Natural science needs to change; its relationship with the rest of academic inquiry, with social inquiry and the humanities, needs to change; and most importantly and dramatically, academic inquiry as a whole needs to change. The basic task of the academic enterprise needs to become to help humanity learn how to tackle its problems of living in more cooperatively rational ways than at present. We need to put the intellectual tasks of articulating our problems of living, and proposing and critically assessing possible solutions, possible and actual actions, at the heart of academic inquiry. The basic task needs to be to help humanity learn a bit more wisdom – wisdom being the capacity to realize what is of value in life, for oneself and others, wisdom including knowledge and technological know-how, but much else besides. Natural science, despite its flaws, has massively increased our knowledge and technological know-how. This in turn has led to a massive and sometimes terrifying increase in our power to act. Often this unprecedented power to act is used for human good, as in medicine or agriculture. But it is also used to cause harm, whether unintentionally (initially at least) as when industrialization and modern agriculture lead to global warming, destruction of natural habitats and rapid extinction of species, or intentionally, as when the technology of war is used by governments and terrorists to maim and kill. Before the advent of modern science, when we lacked the means to do too much damage to ourselves and the planet, lack of wisdom did not matter too much. Now, with our unprecedented powers to act, bequeathed to us by science, lack of wisdom has become a menace. This is the crisis behind all the other current global crises: science without wisdom. In these circumstances, to continue to pursue knowledge and technological know-how dissociated from a more fundamental quest for wisdom can only deepen the crisis. As a matter of urgency, we need to free science and academia of their neuroses; we need to bring about a revolution in the academic enterprise so that the basic aim becomes to promote wisdom by intellectual and educational means. At present science and the humanities betray both reason and humanity. The argument of this book, which I have just summarized, begins with a discussion of the philosophical and methodological problems that beset theoretical physics. At once, many of those who are concerned about moral, political and environmental issues that plague our world today, will feel impatient. What have the methodological problems of theoretical physics to do with third world poverty, war and the threat of war, pollution, extinction of species, the menace of conventional, chemical, biological and nuclear armaments? I can only plead with such a reader: patience. The root cause of the sickness of our times does indeed lie, I claim, with a methodological sickness of natural science or, even more specifically, of physical science. What makes the modern world so utterly different from all previous ages is our possession of modern science and technology. This is the instrument that has changed the conditions of human life almost beyond all recognition, and put unprecedented, and sometimes terrifying, powers into our hands. One should not dismiss out of hand the suggestion that a part of our problem may lie with this instrument, this engine, of rapid change. We see, here, too, the way in which intellectual specialization, referred to above, has effectively concealed from view the nature and extent of the problem that confronts us. The argument that I shall develop in what follows begins with physics, with problems concerning the aims and methods of physics. But it then leaps to social science, to philosophy, to the humanities, to education, to psychotherapy, and to politics: in the end there is scarcely an aspect of modern life that is not touched and, potentially, affected by the argument. How many academic experts are prepared to follow, to take seriously, an argument that ranges so recklessly across such a wide range of academic disciplines? How many non-academic non-experts? But just this is what the argument and message of this book requires. I hope that the reader will endure with patience the somewhat esoteric discussion concerning the aims and methods of physics pursued in chapter one. This may not seem to have anything much to do with the urgent problems of our times, but it does. This is in part how the intellectual disaster I seek to expose in this book conceals itself from view: it buries itself in the obscure, recondite field of the philosophy of physics. Those who devote their lives to the philosophy of physics are, by and large, too myopic to see how their specialized field of study has anything to do with the great and dreadful humanitarian problems and disasters of our age; and those who are above all concerned with these humanitarian disasters have no time at all for abstruse issues concerning the aims and methods of physics. And so the connection is never made. As it happens, the methodological neurosis of physics, with which we begin in chapter one, is actually a quite simple matter to grasp. It does not require any real knowledge of physics to understand. Indeed, physicists and philosophers of physics are much more likely to find the argument difficult to follow than are non-experts. We non-scientists can stand back and see the whole wood; scientists, trained to think in terms of the current orthodox conception of science, trapped in the thickets of research, will find this much harder to do. In an attempt to take this peculiar circumstance into account, I have arranged the exposition as follows. In chapter one I give a simple exposition of the case for declaring natural science to suffer from what I call "rationalistic neurosis"; this avoids all technicalities, and goes straight to the heart of the matter. In the appendix I tackle a host of more technical objections that may be made to the elementary argument of chapter one. So, those experts in the fields of the philosophy of physics and philosophy of science who find the argument of chapter one naïve and unconvincing, should consult the appendix before tossing the book away in disgust. I write in the hope that there will be a few who will not dismiss out of hand the suggestion that the question of how we are to go about learning how to live in wiser and more civilized ways might have something to learn from scientific learning, and will take the trouble to pursue the line of argument traced out in this book. I write in the hope that these few will grasp just how desperate our situation is, how urgent the need to change the status quo, and will do everything in their power to alert others to the need to heal the methodological sickness from which our institutions and traditions of learning at present suffer. To begin with, we need a campaigning organization, modelled perhaps on "Friends of the Earth", which might be called something like "Friends of Wisdom". (shrink)

In this interesting book, Marcel Lieberman develops a novel and sustained argument for moral realism. He focuses on the psychological phenomenon of commitment, and argues that commitments psychologically require realist beliefs: paradigmatically, one cannot be committed to, say, social equality, without believing that social equality is genuinely valuable. In so arguing, he disagrees with those, on both sides of the debate over moral realism, who have argued that moral realism makes little practical difference. He draws on and criticizes (...) a number of important and influential figures, most particularly Rorty, Gibbard and Velleman, but his range of reference goes well beyond familiar figures in contemporary metaethics, taking in also inter alii Ricoeur, Gabriel Marcel, and rational expectations theorists in economics. (shrink)

Jurisprudence aims to identify and explain important features of law. To accomplish this task, what procedure or method should one employ? Elucidating Law, a tour de force in “the philosophy of legal philosophy,” develops an instructive account of how philosophers “elucidate law,” which elucidates jurisprudence’s own aims and methods. This Review introduces the book, with emphasis on its discussion of methodology. -/- Next, the Review proposes complementing methodological clarification with methodological innovation. Jurisprudence should ask timeless (...) questions, but its methods need not stagnate. Consider that jurisprudence has a long tradition of asserting claims about how “we” understand the law---where “we” might refer to all people, ordinary people, legal experts, or legal officials. There are now rich empirical literatures that bear on these claims, and methods from “experimental jurisprudence” and related disciplines can assess untested assertions. Today’s jurisprudence can achieve greater rigor by complementing traditional methods with empirical ones. (shrink)

This review essay provides a critical analysis of the book ‘The Great Tech Game,’ authored by Anirudh Suri. For the analysis, other literature published in a similar area is considered and pitched the arguments against the ones made in the book. During the year this book was released, there were numerous debates on accountability and trust in frontier digital technologies like AI. These debates have reached a systemic level where the entire global community is divided into two (...) camps headed by the US and China in drafting rules and regulations for the internet and allied technologies. A critical comment on a well-circulated book would add clarity to the debates on the impacts of frontier digital technologies. This review contributes to the critical voices of the emerging scholarship on the confluence of digital technology and global politics. This review essay is intended to serve as an academic comment on the published work. (shrink)

ʿImād al-Dīn Ibn Kathīr (d. 774/1373), is an important historian, mufassir, muhaddith and Shāfiʿī jurist who lived in the 8th century. Ibn Kathīr’s work titled Tafseer al-Qurʾān al-ʿAẓeem, beside its tafsir identity, can be utilized due to its rich ḥadīth content and its comments on isnad and text of the ḥadīths. Ibn Kathīr, due to his competency in history and ḥadīth, analyzed the ḥadīth rigorously and noted any necessary aspect regarding the isnad or the text. In this paper, the analysis (...) and criticism of ḥadīth texts in Ibn Kathīr’s tafsir is examined. Regarding the analysis aiming to understand the meaning of the ḥadīth, issues such as explanation of unknown words, utilizing the chapter headings, evaluation of all related ḥadīths, comments of previous scholars as well as Ibn Kathīr’s original interpretations are examined. Regarding the criticism of the text, issues such as general criticism under the heading of munkar which indicates a ḥadīth the text of which contains unacceptable meanings, specific criticisms due to conflict with the Qurʾān, the Sunnah, reasoning and historical facts, solutions regarding the ḥadīths which have conflicting meanings are examined. Summary: Ibn Kathīr (d. 774/1373) who lived in the 8th century is a competent scholar in fields such as ḥadīth, history, tafsir and jurisprudence. In this article the criticism and analysis of ḥadīths in the Tafseer al-Qurʾān al-ʿAẓeem by Ibn Kathīr who is an authority in ḥadīth and history are studied. Although the structure and plan of this book do not give it an appearance of a classic ḥadīth commentary, the rich ḥadīth content which it has, and the examination of this content with respect to isnad and text as in a ḥadīth commentary provide this book a ḥadīth commentary identity besides its tafsir identity. Ibn Kathīr’s tafsir is distinguished among other tafsirs by the ḥadīth commentary method and ḥadīth criticism that it employs. This is because it does not only provide ḥadīths as is seen in many other tafsirs, but also informs about the important issues that need to be known about these ḥadīths, and even in many times makes original evaluations. It is possible that Ibn Kathīr provides important evaluations about a ḥadīth which other famous commentators do not provide. He corrects some of the great ḥadīth scholars by showing the presence of isnads for ḥadīths that these scholars think do not exist. With all these aspects, Tafseer al-Qurʾān al-ʿAẓeem is an invaluable source for both tafsir readers and ḥadīth scholars due to its rich ḥadīth content, the skillful application of ḥadīth methodology and ḥadīth commentary. Ibn Kathīr’s tafsir is also an important ḥadīth source due to its very rich ḥadīth content. According to the catalogue at the end of the book, it includes over eight thousand ḥadīths which corresponds to a content similar to that of Ṣaḥīḥ al-Bukhārī. Looking at the studies over Tafseer al-Qurʾān al-ʿAẓeem, it can be said that it has been subject to many examinations with respect to tafsir, however, it has not received the same attention with respect to ḥadīth at a sufficient level. It is aimed in this study on one side to prove the value and originality of Tafseer al-Qurʾān al-ʿAẓeem as a ḥadīth commentary and on the other side to attract attention to the text criticism activities of ḥadīth scholars by using both specific criteria and concepts such as munkar.In our study the criticism and analysis of ḥadīth texts in Ibn Kathīr’s tafsir are studied under various headings. It is quite important to identify possible mistakes in ḥadīth texts as well as to understand the ḥadīth texts correctly. For this purpose the principles of text criticism such as conflict with the Qurʾān, the Sunnah, reasoning and historical facts have been used since the time of the Companions. Ibn Kathīr has approached ḥadīths in view of these text criticism principles and pointed to the mistakes in the texts of the ḥadīths which are in conflict with these principles. Often times, Ibn Kathīr criticized the points in ḥadīth texts which are not in line with the general principles of Islam and which he perceived not appropriate by using the term munkar in a general manner. He utilized this concept explicitly for isnad and text. He always warned the reader against baseless information. Finally, he pointed out to instances which can be determined as a result of the comparison of the various channels of a ḥadīth. Text analyses are efforts to correctly understand the ḥadīth text which enable to clarify the meaning of the ḥadīth. Efforts such as the explanation of the unknown words, the evaluation of all the ḥadīths related to a subject in a unified manner, making use of another ḥadīth in understanding of a ḥadīth, making using of the opinions of the previous ḥadīth scholars and making original interpretations, identification of the unknown persons in the text, making connections with the chapter headings to better understand the meaning, explanations of the contradictions arising from different ḥadīths and collecting different historical ḥadīths in a common theme contribute to a better understanding of the meaning of ḥadīths. It can be seen clearly how Ibn Kathīr applied these text analyses with success through sample ḥadīth texts selected from his tafsir.Two points that we think important are underlined at the end of our study. First, it is the exceptional position of Tafseer al-Qurʾān al-ʿAẓeem among the Qurʾān tafsirs with respect to ḥadīth content and analysis. When compared with the famous tafsirs that emerge in the tafsir history, Ibn Kathīr’s tafsir is easily distinguished. When the importance of ḥadīth in the Qurʾān tafsir is thought, it is important that the ḥadīth material is filtered with respect to its authenticity and the meaning of the ḥadīth is clarified at a sufficient level. Compared to the limited number of ḥadīths in the famous tafsirs that are used to explain the verses, the rich information with respect to isnad and text in Tafseer al-Qurʾān al-ʿAẓeem makes significant contribution in the explanation of the verses and provide the reader with valuable ḥadīth knowledge.The second point that we think is important is that the text criticism efforts seen in Tafseer al-Qurʾān al-ʿAẓeem help to correct the opinion that ḥadīth scholars ignored text criticism compared to isnad criticism. In this respect, it is evaluated that our study is a contribution to the recent studies that shed light on the text criticism efforts of the ḥadīth scholars. In this regard, it seems important to make use of a criterion such as “conflict with the inner consistency of a ḥadīth” among other criteria. Moreover, it is pointed out in our study that the munkar concept and the thesis that this concept has been utilized by ḥadīth scholars in text criticism, is a topic which attracted the interest of the researchers and the usage of this concept in Ibn Kathīr’s tafsir contributes to this thesis. (shrink)

This book is a sophisticated, detailed, and original examination of the main ideas that have dominated Anglo-American legal philosophy since the Second World War. The author probes such themes as: whether there can be right answers to all disputed law cases; how laws and other rules impact on the practical rationality of actors subject to their authority; whether general principles justifying the law must themselves be thought of as part of the law binding on legal actors; and the (...) possibility of an interpretivist jurisprudence that is continuous with law practice in a given culture. (shrink)

The point of Pragmatic Bioethics is to view bioethics through the lens of American pragmatism. The book is in three parts. The papers in part one look at the “pragmatic method” and bioethics in general; those in part two are intended to suggest that bioethical debates can be informed by parts of the canon of classical American pragmatism; those in part three apply aspects of pragmatism to specific bioethical issues more overtly. This structure is odd in two related (...) respects: the difference between the papers in parts two and three is unclear, and papers dealing in similar ways with similar bioethical issues are placed in each of these parts.My view of how philosophy does, and should, apply to bioethics is at odds with that implied by Pragmatic Bioethics. I think bioethics can be informed by philosophy in two ways. Firstly, specific bioethical problems can be elucidated by substantive philosophical data . Secondly, and more pervasively, bioethics would benefit from acquiring certain intellectual habits distinctive of philosophy . The different view taken in this book is that bioethics might look to the methodology implied by American pragmatism, and specific bioethical issues might be addressed by reference to American pragmatist writings. I feel that this different view was only partially convincing. There are two main sets …. (shrink)