A complete theory of harming must have both a substantive component and a formal component. The substantive component, which Victor Tadros (2014) calls the “currency” of harm, tells us what I interfere with when I harm you. The formal component, which Tadros calls the “measure” of harm, tells us how the harm to you is related to my action. In this chapter I survey the literature on both the currency and the measure of harm. I argue that the currency of (...) harm is well-being and that the measure of harming is best captured by a causal account on which harming is causing a harm. A harm for you is the presence of something intrinsically bad for you or the absence of something intrinsically good for you. Thus, although a counterfactual account of the measure of harm need not distinguish between an harm and a harmful event, the causal account reserves the term ‘harm’, not for a harmful event, but only for its effect. Finally, I show how a complete theory of harming can help us to answer questions about whether we can harm people with speech, whether we can harm the dead, and how it is possible to harm future generations. (shrink)

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist (...) simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'?These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law, Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time. (shrink)

A Teacher's Manual for this book will be available online at www.temple.edu/tempress.

In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of law's moral (...) claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority? (shrink)

A noted author defends his personal attitudes toward the fundamental issues of classical philosophy, discussing the awesome mystery surrounding science and life and explaining why he considers himself a theist.

Abstract Non-reductive physicalism is currently the most widely held metaphysic of mind. My aim in this essay is to show that supervenience physicalism?perhaps the most common form of non-reductive physicalism?is not a defensible position. I argue that, in order for any supervenience thesis to ground a legitimate form of physicalism, it must yield the right sort of determination relation between physical and non-physical properties. Then I argue that non-reductionism leaves one without any explanation for the laws that are implied by (...) supervenience theses that deliver this determination relation. (shrink)

A survey of Howard Gardner's contributions to our understanding of learning, and how to create environments that support growth in all learners across the lifespan.

Current philosophical literature is saturated with the debate on biomedical enhancement, where bio-liberals and conservatives alike make compelling arguments for and against the enterprise. However, this literature is yet to consider the impact such enhancement would have on the individual’s actual lived experience. This article seeks to remedy that by situating the bioethics debate within the phenomenology of Maurice Merleau-Ponty, specifically theorising how biomedical enhancement of the physical kind would impact Merleau-Ponty’s notion of the body-subject. The central issue arises when (...) the reciprocal relationship between the physical body and phenomenal world (termed “body/world dynamic”) is shown to be off-balance because of the rapid rate at which human beings continue to “enhance” their environment. In this, we see that the development of the world has outweighed that of the body to the extent that we, as body-subjects, have become maladapted to the place we call home. This article will suggest that we can attempt to resolve this by restoring the balance of the body/world dynamic with “restrictive” enhancement, thereby providing an ethical justification for the pursuit of the enterprise. (shrink)

Undoing anthropocentrism : becoming-animal and the nonhuman -- Vectors of becoming-imperceptible : the multiplicity of the pack -- Animal politics, animal deaths : transversal connectivities and the creation of an ethico-aesthetic paradigm -- Animal re-territorialisations in art and cinema -- Transverse animalities : ecosophical becomings.

Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of self-defense. We (...) suggest that recognizing this might help McMahan to answer some unanswered questions to which his own position gives rise. (shrink)

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

“Fearless, illuminating” criticism from a New York Times–bestselling author and legendary teacher, “proving... that true art is moral and not trivial” (Los Angeles Times). Novelist John Gardner’s thesis in On Moral Fiction is simple: “True art is by its nature moral.” It is also an audacious statement, as Gardner asserts an inherent value in life and in art. Since the book’s first publication, the passion behind Gardner’s assertion has both provoked and inspired readers. In examining the work (...) of his peers, Gardner analyzes what has gone wrong, in his view, in modern art and literature, and how shortcomings in artistic criticism have contributed to the problem. He develops his argument by showing how artists and critics can reintroduce morality and substance to their work to improve society and cultivate our morality. On Moral Fiction is an essential read in which Gardner presents his thoughtfully developed criteria for the elements he believes are essential to art and its creation. This ebook features an illustrated biography of John Gardner, including original letters, rare photos, and never-before-seen documents from the Gardner family and the University of Rochester Archives. (shrink)

This classic guide, from the renowned novelist and professor, has helped transform generations of aspiring writers into masterful writers—and will continue to do so for many years to come. John Gardner was almost as famous as a teacher of creative writing as he was for his own works. In this practical, instructive handbook, based on the courses and seminars that he gave, he explains, simply and cogently, the principles and techniques of good writing. Gardner’s lessons, exemplified with detailed (...) excerpts from classic works of literature, sweep across a complete range of topics—from the nature of aesthetics to the shape of a refined sentence. Written with passion, precision, and a deep respect for the art of writing, Gardner’s book serves by turns as a critic, mentor, and friend. Anyone who has ever thought of taking the step from reader to writer should begin here. (shrink)

This article advances some considerations that undermine the overall justification for what I call “beneficent interventions,” or interventions aimed at reducing the suffering of wild animals. I first appeal to Susan Wolf’s (2010) account of meaning in life to argue that wild animals can and do have meaning in their lives. I then argue that the meaning in animal lives can offset their suffering, making their lives more worth living. This source of positive value in the lives of wild animals (...) undermines some of the justification for those beneficent interventions that aim to reduce wild animal suffering by reducing the numbers of wild animals who either suffer or inflict suffering upon others. (shrink)

This article advances some considerations that undermine the overall justification for what I call “beneficent interventions,” or interventions aimed at reducing the suffering of wild animals. I first appeal to Susan Wolf’s (2010) account of meaning in life to argue that wild animals can and do have meaning in their lives. I then argue that the meaning in animal lives can offset their suffering, making their lives more worth living. This source of positive value in the lives of wild animals (...) undermines some of the justification for those beneficent interventions that aim to reduce wild animal suffering by reducing the numbers of wild animals who either suffer or inflict suffering upon others. (shrink)

Author: Dembowski Bronisław Title: ABOUT PROFESSOR WŁADYSŁAW TATARKIEWICZ. MEMOIRS OF A PUPIL (O profesorze Władysławie Tatarkiewiczu (1886–1980). Wspomnienia ucznia) Source: Filo-Sofija year: 2011, vol:.13/14, number: 2011/2-3, pages: 433-450 Keywords: WŁADYSŁAW TATARKIEWICZ, MEMOIRS OF THE PUPIL Discipline: PHILOSOPHY Language: POLISH Document type: ARTICLE Publication order reference (Primary author’s office address): E-mail: www:In the context of his biography, the author presents memoirs about Tatarkiewicz. From the early years after World War II, he shows Tatarkiewicz’s work in Warsaw University, his philosophical seminar and (...) his firing from the University. He also describes further fortune of Tatarkiewicz’s pupils (mostly Marxists and others) in their academic career and personal life. (shrink)

This article seeks to trace the origins of the requirement that a squatter must have an intention to possess (animus possidendi) in order to establish title by adverse possession. The requirement has been confirmed by the House of Lords in the recent case of Pye (Oxford) Ltd v Graham [2003] 1 AC 419. Its origins can readily be traced back to the decision of the Court of Appeal in Littledale v Liverpool College [1900] 1 Ch 19, but there is little (...) evidence of any need for intention before that case, and no convincing authority is cited for it. Possible explanations for the source of this requirement are considered by the article (for instance cases on re-entry by landlords and the so-called ‘found chattel’ cases), but these are ultimately rejected. The article goes on to suggest that the reason for this is that the intention requirement was ‘imported’ into English law from German Pandectist writers of the nineteenth century. It suggests that Littledale was the case in which this happened. It seeks to support this hypothesis by reference to biographical details of Lindley MR, who gave the leading judgment in Littledale, and who not only trained in part in Germany but also took an active interest in German scholarship of the time. A brief survey of the relevant German sources is undertaken, focusing primarily on the work of Savigny, but also considering the rival theory of Jhering. Finally, it tracks the development and refinement of the content of animus possidendi, first by 19th century legal scholars and then by 20th century judges, to make it ‘fit’ with English property law. It seeks to address the question of whether the animus possidendi requirement is a free-standing element (the ‘strong’ will theory), or whether it is simply implied from the acts of the squatter (the ‘weak’ will theory), and suggests a solution by reference to the German sources and later English cases. Finally, it considers how the House of Lords decision in Pye reflects the logical culmination of the acceptance of this ‘legal transplant’ into the common law. (shrink)

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Prominent consumer depression manuals issued in recent years circulate a standard depression script as scientific knowledge. The script, asserting that a broad spectrum of depressions are brain illnesses that require antidepressant treatment, is in fact highly contested among researchers. This paper reviews the logical problematics of these manuals, and how such discourse promotes the diagnosis and pharmaceutical treatment of behaviors ranging from mild symptoms to severe depression. In keeping with the trends of pharmaceutical advertising and State health policy, these manuals (...) encourage consumers to self-scrutinize risky behavior, and to treat common behavioral and mood distresses with antidepressants. Ultimately, these activities of self-management function to produce a more productive citizen population. (shrink)

Galenosphere is an environment of silence. The paper addresses the issue of the essence and significance of galenosphere. To this end, it presents the structure and functioning of galenosphere, i.e. its two crucial components. Moreover, the structure of galenosphere includes static and dynamic elements. The latter determine the functioning of this type of environment. Eight most important sectors that affect the operation of galenosphere were identified. Some of them (the culture of language, noise elimination, creating an environment promoting silence and (...) a prayer for silence) contribute to the emergence of a structured environment of silence, whereas others (positive attitude towards calming down, concentration of the mind and emotions, inner concentration and the ability to be silent) constitute components which directly participate in the formation of an environment of silence. A structured environment of silence is the most effective in operation. The paper points out various advantages offered to the human being by a structured galenosphere. The most significant ones include: successful self-improvement, improvement of spoken and written language skills, effective pedagogic activities, establishing good relationships with other people and getting a deeper insight into the sense of life. The discussion leads to the conclusion that the human being should be provided with optimal working conditions and conditions for development in various areas by the formation of a structured galenosphere (in the family, at school, in the office, etc.). (shrink)

This paper is concerned with the issue of public opinion considered from two points of view: ethical and educational. It has been inspired by the insufficient knowledge of society about public opinion as well as the gullibility of the general public as regards the acceptance of the results of public opinion polls. Therefore, the ethical and educational dimension of this phenomenon are not recognized, which results in a severe lack of research and publications on the topic. The paper consists of (...) three parts. The first part introduces basic facts about public opinion and its major mechanisms. The second one deals with the phenomenon of public opinion as an ethical problem, while the third one is devoted to the problem of education aimed at the development of mature perception of public opinion and active participation in the process. The problem of public opinion is treated as an important and urgent task for ethicists and teachers. This seems relevant as an increasing influence of public opinion on both individuals and a whole society is observed in various areas, including politics, economy, culture and trade. Public opinion also affects an information order, which is of significance to the state and its citizens in the light of the emergence of a communication society. (shrink)

The paper presents the structure and functioning of mediosphere and then discusses it in the context of ethics. It is a phenomenon which belongs to the domain of environment, and therefore exhibits a high level of effectiveness. Mediosphere is an environment generated by the media which are used by people. The human being is the most important element of this environment and influences it in a peculiar way. Hence, each mediosphere is different. The structure and functioning of mediosphere is affected (...) by its layers, namely logosphere, iconosphere, sonosphere, and galenosphere. A consequence of the ‘environmental’ nature of mediosphere is that negative effects of particular phenomena pertaining to the activity of the media are cumulated. Therefore, the ethical aspects of mediosphere are very important and topical. Reflections on this facet of mediosphere may prove useful for both people involved in the media and teachers, whose task, among others, is to prepare students for an adequate reception of what is offered by the press, radio, television, and the Internet. The discussion includes reference to examples of studies by those Western authors who propose practical guidelines and precautionary measures to prevent violation of ethical principles in the functioning of mediosphere. (shrink)

This paper is concerned with the attitude of communication society towards the layer of ethical values. Contrary to what constitutes information society, the conception of communication society is based on the credibility of information, which is a significant component of human communication, and social bonds, which are the basis for any communication. Therefore, it is hypothesized that logosphere, which is the environment of the word, can effectively influence the ethical foundations of communication society and contribute to the development of such (...) society. The chief asset of logosphere is based on its properties: the primacy of the word, dialogicity, and its environmental character. Owing to these features logosphere can positively affect the ethical layer of communication society, provided it constitutes an arranged environment of the word. (shrink)