In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law.

Gregory Fried offers in this book a careful investigation of Martin Heidegger's understanding of politics. Disturbing issues surround Heidegger's commitment to National Socialism, his disdain for liberal democracy, and his rejection of the Enlightenment. Fried confronts these issues, focusing not on the historical debate over Heidegger's personal involvement with Nazism, but on whether and how the formulation of Heidegger's ontology relates to his political thinking as expressed in his philosophical works. The inquiry begins with Heidegger's interpretation of (...) Heraclitus, particularly the term polemos ("war," or, in Heidegger's usage, "confrontation"). Fried contends that Heidegger invests polemos with broad ontological significance and that his appropriation of the word provides important insights into major strands of his thinking--his conception of the human being, understanding of truth, and interpretation of history--as well as the meaning of the so-called turn in his thought. Although Fried finds that Heidegger's politics are continuous with his thought, he also argues that Heidegger's work raises important questions about contemporary identity politics. Fried also shows that many postmodernists, despite attempts to distance themselves from Heidegger, fail to avoid some of the same political pitfalls his thinking entailed. (shrink)

This new edition of Charles Fried's 'Medical Experimentation' includes a general introduction by Franklin Miller and the late Alan Wertheimer, a reprint of the 1974 text, an in-depth analysis by Harvard Law School scholars I. Glenn Cohen and D. James Greiner, and a new essay by Fried reflecting on the original text and how it applies to the contemporary landscape of medicine and medical experimentation.

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic (...) moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field. (shrink)

Investigates a complex structure of morality, the demands such morality places on individuals, and the behavioral consequences of the system of right and wrong.

Despite the rekindling of an often bitter debate as to the meaning of Martin Heidegger’s involvement with National Socialism, little has been done to address afresh the texts themselves of the period in question and the problematic to which Heidegger conceived he was applying himself. Defying Enlightenment universalism, Heidegger asserts that meaningful human existence requires a belonging in a particular historical community whose integrity must be sustained in what he calls “Auseinandersetzung,”---confrontation. This paper attempts to show how “Auseinandersetzung,” itself Heidegger’s (...) translation of the Greek word “polemos,” underlies central concepts of Heidegger”s ontology, influencing his views on work, art, and great creators. The current controversy lends us an opportunity to reflect on the meaning of fascism and the foundation for politics in a global era. (shrink)

This book presents an original and creative enactment of a confrontation between Heidegger and Plato. Gregory Fried outlines a new approach to ethics and politics combining skeptical idealism and what he calls polemical ethics, and goes on to apply polemical ethics to the crucial questions around fascism and racism.

Despite the rekindling of an often bitter debate as to the meaning of Martin Heidegger’s involvement with National Socialism, little has been done to address afresh the texts themselves of the period in question and the problematic to which Heidegger conceived he was applying himself. Defying Enlightenment universalism, Heidegger asserts that meaningful human existence requires a belonging in a particular historical community whose integrity must be sustained in what he calls “Auseinandersetzung,”---confrontation. This paper attempts to show how “Auseinandersetzung,” itself Heidegger’s (...) translation of the Greek word “polemos,” underlies central concepts of Heidegger”s ontology, influencing his views on work, art, and great creators. The current controversy lends us an opportunity to reflect on the meaning of fascism and the foundation for politics in a global era. (shrink)

Classical liberalism stipulates that individuals may only reliably escape a state of war by joining a body politic whose unity is consolidated and preserved by the formation of a sovereign government. Frederick Douglass, through his own experience of slavery and then as a radical abolitionist critiquing the racialized laws and society of the United States, shows that there is an inherent scandal, a schism in the very idea of a body politic. This scandal cannot be overcome, but Douglass enacts a (...) treatment for it through a polemical ethic that endeavors to reconstruct political community, expansively and inclusively understood, by ever again bringing the ideal, as a regulative idea, into confrontation with the real. By putting Douglass and the historical situation of his time into dialogue with the natural law tradition of Aquinas, Locke, and the American Founding, this essay argues that Douglass’s thought and example provide a fresh way to address the crisis of liberal democracy in our time. This requires understanding the instability of the body politic as a source of strength rather than weakness, if properly confronted in a polemical ethics. (shrink)

To be human is to be in the world with others, and so what it means to be goes to the root of ethical and political life. One would have to be exceptionally obtuse not to recognize that this age, which we now share as a planetary humanity, is indeed in crisis, despite all our apparent progress if not because of it: the economic and political upheavals that threaten to throw whole regions into uproar, the shifts in climate that threaten (...) the entire globe with unparalleled disruption, the “advances” in technology that threaten to lay waste to entire cities and reduce human beings to “human resources.” Despite these ongoing or potential disasters, what Heidegger’s work challenges us to think is that the most fundamental disaster is a failure to think what it means to be human, that these other dangers can only be addressed if we confront this question first. My argument here is that Heidegger misreads a form of thinking vital to ethical–political life, phronêsis, so-called practical wisdom, because his radical historicism prevents him from seeing the intersection of principled norms with life as we find it. (shrink)

In these lectures, delivered in 1933-1934 while he was Rector of the University of Freiburg and an active supporter of the National Socialist regime, Martin Heidegger addresses the history of metaphysics and the notion of truth from Heraclitus to Hegel. First published in German in 2001, these two lecture courses offer a sustained encounter with Heidegger's thinking during a period when he attempted to give expression to his highest ambitions for a philosophy engaged with politics and the world. While the (...) lectures are strongly nationalistic and celebrate the revolutionary spirit of the time, they also attack theories of racial supremacy in an attempt to stake out a distinctively Heideggerian understanding of what it means to be a people. This careful translation offers valuable insight into Heidegger's views on language, truth, animality, and life, as well as his political thought and activity. (shrink)

This book intends to introduce readers to the work of Charles E. Butterworth, and thereby to introduce students to Medieval islamic political philosophy, of which Butterworth is one of the world's most prominent scholars. In a wider sense, the Festschrift introduces its readers to the current debates on Medieval islamic political philosophy, related as they are to the questions of the relationship between islam and Christianity, the Medieval to the Modern world, and reason and revelation. Butterworth's scholarship spans six (...) decades, primarily translating, editing, and interpreting the works of the Muslim political philosopher Alfarabi (d. 950) and Averroes (Ibn Rushd, d. 1198). He began his studies of Muslim political philosophy at a time when the Middle East and islam did not have the political salience they have acquired in more recent years. instead, Butterworth's reason for engaging with islam was rooted in the question of the relationship between reason and revelation. While one possible answer was pursued in the Christian, latin West, the islamic borderlands of Greek, Roman, and Muslim civilization offered another. By exploring Averroes, who provides the possibility of an Aristotelian-Islamic political philosophy, and Alfarabi, who pursues a Platonic-islamic political philosophy, Butterworth showed how islamic civilization provided a viable alternative to the theologico-political question reason v revelation, as well as serving as an inspiration to the latin West. (shrink)

In this lucid and engaging book focusing on the early Heidegger, James Reid argues that Heidegger sets the foundations for a "phronetic ethics". As Reid later says, "Sein und Zeit could be said to make substantial contributions to 'meta-ethical' reflection on the source of our sense of why, on what basis, we take ourselves to be bound by one thing rather than another". Reid's early Heidegger provides the hermeneutical tools for an ontological meta-ethics that can illuminate "normative questions and questions (...) about the status of normativity as such".Gleaning a meta-ethics from Heidegger depends on arguing that the existential analytic of Dasein proceeds from what Reid calls Heidegger's "ethical... (shrink)

While Žižek is right to assert both that Heidegger’s political engagement must be confronted as a genuine philosophical challenge and that our modern predicament demands new thinking, I argue that Žižek is wrong to claim that Heidegger made the right step in 1933, even if in the wrong direction. Using the same story as Žižek, G. K. Chesterton’s “The Sign of the Broken Sword,” I argue that Žižek’s sword is also broken, because in the absence of a “big Other,” it (...) is not possible to give an orientation or direction for political action. Furthermore, given that absence, I claim that Žižek’s call for an enthusiastic politics that merges self with society is particularly dangerous: rather than fulfill a Dionysian moment in politics, it threatens to unleash what I call a priapic politics. I end by suggesting that Žižek’s argument heralds the death of the binary distinction between “Left” and “Right,” and I argue for a return to a politics of prudence. (shrink)

Este ensayo considera el tema de sabotaje en Hitchcock, en especial su película británica Sabotaje, en términos de la teoría silogística de Manuel Asensi. También analiza temas subversivos semejantes en dos obras contemporáneas, Malditos bastardos de Quentin Tarantino y Volver de Pedro Almodóvar. Los sabotajes literales en la película de Hitchcock (la colocación de bombas en relación con el cine) se combinan con la matanza de un esposo (tratándole como un pedazo de carne) para figurar un cine radical no solo (...) como un arte anti-aurético (en el sentido del arte mecánicamente reproducido de Walter Benjamin) sino también como un texto atético, en términos de Asensi, para desconstruir el silogismo entimemático que informa el modelo del mundo (la sociedad y la política son como una obra artística de formas puras) al fondo del fascismo histórico. Malditos bastardos y Volver van más allá de Sabotaje de Hitchcock al ofrecer un hospedaje al subalterno en pos de los silogismos saboteados. La crítica como sabotaje nos ayuda a ver la dimensión subversiva de estas y otras películas. Al mismo tiempo, el análisis de los sabotajes cinematográficos pone en relieve el impacto político de la teoría de Asensi de la crítica como sabotaje.El fondo teórico de este artículo es el libro Crítica y sabotaje de Manuel Asensi que demuestra que las obras literarias y fílmicas tienen una función performativa. Son discursos que modelizan sujetos en el mundo. Tales modelizaciones ocurren de una manera inconsciente puesto que cada discurso contiene un silogismo que implica un modelo del mundo. La crítica como sabotaje es un instrumento para revelar estos silogismos modelizantes escondidos en las obras. Algunos textos como las películas estudiadas en este artículo explícitamente sabotean los modelos del mundo que históricamente han servido para reprimirnos, de modo que la crítica como sabotaje se une a la visión de Walter Benjamin del arte nuevo capaz de estallar el aura (los valores del culto inseparables del fascismo) asociado con el arte clásico. El cine para Benjamin, siendo un arte mecánicamente reproducido, ténia esta potencia explosiva. Es precisamente la misma visión saboteadora que encontramos en las películas analizadas en este ensayo. (shrink)

This new edition of one of Heidegger’s most important works features a revised and expanded translators’ introduction and an updated translation, as well as the first English versions of Heidegger’s draft of a portion of the text and of his later critique of his own lectures. Other new features include an afterword by Petra Jaeger, editor of the German text. “This revised edition of the translation of Heidegger’s 1935 lectures, with its inclusion of helpful new materials, superbly augments the excellent (...) translation provided in the first edition. The result is a richly rewarding volume, to be recommended to every student of Heidegger’s works, whether a novice or a long-time reader.”—Daniel Dahlstrom, Boston University. (shrink)

Supporting Hamilton’s inclusive fitness theory, archival analyses of inheritance patterns in wills have revealed that people invest more of their estates in kin of closer genetic relatedness. Recent classroom experiments have shown that this genetic relatedness effect is stronger for relatives of direct lineage (children, grandchildren) than for relatives of collateral lineage (siblings, nieces, nephews). In the present research, multilevel modeling of more than 1,000 British Columbian wills revealed a positive effect of genetic relatedness on proportions of estates allocated to (...) relatives. This effect was qualified by an interaction with lineage, such that it was stronger for direct than for collateral relatives. Exploratory analyses of the moderating role of benefactors’ sex and estate values showed the genetic relatedness effect was stronger among female and wealthier benefactors. The importance of these moderators to understanding kin investment in modern humans is discussed. (shrink)

In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller state that by arguing “that autonomy matters centrally to contract,” Contract as Promise makes an “enduring contribution... but [its] specific arguments faltered because [they] missed the role of diverse contract types and because [it] grounded contractual freedom in a flawed rights-based view.... We can now say all rights-based arguments for contractual autonomy have failed.” The authors conclude that their proposed choice theory “approach returns analysis to the mainstream of twentieth-century (...) liberalism – a tradition concerned with enhancing self-determination that is mostly absent in contract theory today.” Perhaps the signal flaw in Contract as Promise they sought to address was the homogenization of all contract types under a single paradigm. In this Article, I defend the promise principle as the appropriate paradigm for the regime of contract law. Along the way I defend the Kantian account of this subject, while acknowledging that state enforcement necessarily introduces elements — both normative and institutional — for which that paradigm fails adequately to account. Of particular interest and validity is Dagan and Heller’s discussion of contract types, to which the law has always and inevitably recurred. They show how this apparent constraint on contractual freedom actually enhances freedom to contract. I discuss what I have learned from their discussion: that choice like languages, is “lumpy,” so that realistically choices must be made between and framed within available types, off the rack, as it were, and not bespoke on each occasion. I do ask as well how these types come into being mutate, and can be deliberately adapted to changing circumstances. (shrink)

This volume presents a survey of critical appropriations of Heidegger’s thought for the 21st century. It includes all the most well-known and respected Heidegger scholars working today and offers a wide range of perspectives in engaging and accessible essays, altogether representing the most comprehensive overview of Heidegger Studies available.

Wilkins & Wakefield (1995) provide a thoughtful contribution to our understanding of language origins. In this commentary I attempt to define the relationship between object-manipulation and primate brain function further by reviewing research on aimed throwing and the production and use of stone tools by tufted capuchin monkeys (Cebtis apella). I propose that examining the relation between brain function and object-manipulation inCebuswill provide insight into the preconditions of language in our hominid ancestors.

1. John Rawls' A Theory of Justice represented a rare intellectual event. It advanced a fresh, detailed and powerful conception of political economy, and rooted that conception in an elaborately worked out political and moral philosophy. Rawls' two principles of justice, with the celebrated maximin standard of distributive justice, represent the point of departure for any serious discussion of this subject. The details of Rawls' proposal are too well known to require summary. Instead, I shall call attention to the basic (...) premise of his work and to a significant anomaly in it, as setting the stage for my own proposal. (shrink)

Martin Heidegger’s Introduction to Metaphysics, first published in 1953, is a highly significant work by a towering figure in twentieth-century philosophy. The volume is known for its incisive analysis of the Western understanding of Being, its original interpretations of Greek philosophy and poetry, and its vehement political statements. This new companion to the Introduction to Metaphysics presents an overview of Heidegger’s text and a variety of perspectives on its interpretation from more than a dozen highly respected contributors.

Analyzing the way computer technologies are used is crucial for their development. Such analyses make it possible to evaluate these technologies and enhance their evolution. The present article presents some ideas drawn from the development of a cooperation platform for elementary school children (10–11 years old). On the basis of an obvious ergonomic requirement, we worked on two other dimensions: cultural aspects and the teaching scenario. The goal was to set up observation situations and analyze the conversations produced during those (...) situations, in order to understand what using the platform meant to both the pupils and their teachers. (shrink)

This essay applies elements of Heidegger thought to ethics as a practical discipline. The radical finitude of human existence is not only an ontological matter; it is also located in the moral life, in the ways we come to "be" ethically. Moral values are shown to be responses to finite limit-conditions and to be finite themselves in their appropriation and performance. The notion of being-in-the-world is used to show that the moral sphere cannot be understood as an "objective" or a (...) "subjective" condition, but rather as a mode of "dwelling." Other themes: human nature, being-with, compassion, courage, and decision. (shrink)

Book reviewed in this article: Right and Wrong. By Charles Fried. Psychotherapy versus Iatrogeny: A Confrontation for Physicians. By Nikola Schipkowensky.