What is the future of legal philosophy? No doubt it has many. But we are betting that jurisprudence will gravitate towards freedom. Freedom, the attribute of the human subject, has largely been absent from legal philosophy. This is a lack that psychoanalytic jurisprudence aims to correct. In this essay, drafted as chapter in "On Philosophy in American Law" (Francis Jay Mootz III, ed.) to be published by the Cambridge University Press, we set forth what we think are the primary differences (...) between a jurisprudence based in the Continental tradition of speculative philosophy, and the liberal jurisprudences that dominate in the American academy. Most importantly, all liberal theories start with some intuition of the free, autonomous individual. In contrast, psychoanalysis views the subject's definition as the problem of philosophy. For psychoanalysis, as reformulated by Jacques Lacan, personality and freedom cannot exist in any empirical or hypothetical state of nature because nature is unfree - bound by iron-clad laws of cause and effect. Personality and freedom are artificial creations - hard-won achievements. Subjectivity - the capacity to bear duties and rights - is a stage in this struggle. (shrink)

David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal (...) mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles. (shrink)

The marketplace of ideas theoy has been utilized as one means to justify,from a societal perspective, contempora y public relations practice. Proponents confend that practitioners serve society in true Miltonian fashion by helping clients inject their views into that marketplace. One must question, however, whether afunctional marketplace of ideas exists relative to the public relations process. Further, by focusing ethical questions on individualistic practitioner behavior relative to that marketplace, practitioners may not be paying sulyicient attention to the demands of distributive (...) and social justice. (shrink)

Before being executed by the Nazis at the age of 39, Dietrich Bonhoeffer had produced enough material, according to Howell, to fill 16 volumes of theological reflections. Nevertheless, Howell noted, Dietrich Bonhoeffer is not a household name. That is unfortunate. One of Bonhoeffer's most inspiring efforts-from the perspective of mass media ethics-centered around his unfinished attempt to define "what is meant by telling the truth." As is often the case with truly outstanding thinkers, his reflections in this regard appear even (...) more timely today than when he composed them well over 50 years ago. (shrink)

This article explores the intellectual life of Max Harold Fisch, the twentieth-century American scholar of Giambattista Vico and Charles S. Peirce. Fisch was a thinker with fundamental commitments to both history and philosophy. The claim here is that his life exemplifies a constitutive tension in the work of intellectual historians, who operate in the interstice between these two disciplines. What we learn is that intellectual historians may have a double investment both in the filigree of particular historical contexts and in (...) the principles that emerge in and then detach from those contexts. The article explores this double investment by following it through five decades of Fisch’s intellectual labor between 1930 and 1980. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE GOD OF LOVE * KENNETH L. SCHMITZ John Paul II Institute Washington, D.C. GOD WITHOUT BEING introduces English readers to a body of work by the French philosopher, Jean-Luc Marion. It has caused no little stir among French philosophers and theologians. For it is a remarkable book, frequently brilliant, sometimes dazzling, often original, more often still, troubling. Troubling, not so much by its conclusions as by the means (...) used to arrive at them, and the implications suggested by those means. The book begins with phenomenology, passes on to ontology in the Heideggerian vein, and culminates in a theology of agapic love. I almost wrote that it passes through Heideggerian ontology to agape, but that is what is most troubling about the book. One puts it down wondering, despite critical reassurances from the author, whether the analysis has ever freed itself from the shaping hand of Heideggerian ontology, or has done so at too high a cost. It is not that the author accepts Heidegger; indeed his critical exegesis is perhaps the most brilliant part of a very striking book. But nonetheless, Heidegger's stamp is so heavy upon the analysis, his presuppositions so ingrained in it, that the conclusions themselves, while expressly "beyond" Heidegger, nevertheless trail his ontology in their train. In a preface written nearly ten years after the French book first appeared, Marion reassures his English readers (perhaps with a touch of unintended condescension) that God exists. In- *Jean-Luc Marion, God Without Being. Hors-Texte, tr. by Thos. A. Carlson. \Vith a foreword by David Tracy. Chicago: University of Chicago Press, 1991; being a translation of Dieu sans l'etre: Hors-Texte, Librairie Artheme Fayard, 1982. 495 496 KENNETH L. SCHMITZ deed, his argument is meant to tell against any ordinary atheism, and his exposition of the Eucharist glows with Catholic piety. There can be no doubt, too, that his exegesis often opens up surprising senses of the Biblical texts, such as those of the Wisdom literature in the Old Testament and the letters of St. Paul in the New. The first chapter carries out a phenomenology of the difference between the idol and the icon. The idol is not false or illusory in any ordinary sense. On the contrary, its luminescence is an actual reflection of the divine. The fulguration catches the human eye, mind and spirit as it gazes at the embodied manifestation in wonder. But, instead of letting the fulguration measure the import of the disclosure, the gaze stops at the luminous idol and freezes the divine light within the scope of the worshipper's merely human gaze, interest and aim. The aim, then, provides the measure and meaning of the light, referring it back to the human intention. And so the idol divides the fulguration, retaining for the gaze what is so extraordinarily visible, while it lets go what is unattainable through its effort and on its own terms. Marion expresses this remainder by the neologism: invisable, from viser: to aim. We have here an initial insistence upon the inability to reduce God to a concept. The analysis exposes the logic of a first level of idolatry, idolatry which takes form as the regionalization of the divine. Thus, to choose a portentous example, Nietzsche unmasks the regional " God of morality" proclaimed by Kant and other modern thinkers. It is quite the reverse with the icon. The luminosity of the icon presents its visage to the believer who receives it as the face that endows the visible with the inexhaustible invisibility of God. It is of signal importance to Marion's thesis, however, that the invisible is not thereby offered to human sight or conception, but rather that the visible features of the icon ask to be transgressed, giving way-neither to the sight of sense or mind-but to veneration ( 19). For the iconic intention is not determined by any human gaze, but rather by the mysterious initiative of the true revealing God. Whereas the idol shines with a radiance bor- THE GOD OF LOVE 497 rowed from the divine but confined within the limits of the human gaze, the icon glows with an alien glance that stems from its divine... (shrink)

Criticized as a nostalgic anachronism by those who oppose her version of political theory and lauded as symbol of direct democratic participation by those who favor it, the Athenian polis features prominently in Hannah Arendt's account of politics. This essay traces the origin and development of Arendt's conception of the polis as a space of appearance from the early 1950s onward. It makes particular use of the Denktagebuch, Arendt's intellectual diary, in order to shed new light on the historicity of (...) one of her central concepts. The article contends that both critics and partisans of Arendt's use of the polis have made the same mistake: they have presumed that the polis represents a space of face-to-face immediacy. In fact, Arendt compared the polis to a series of analogues, many of which are not centered on direct exchanges between political actors and spectators. As a result, Arendt's early work on the polis turns out to anticipate many of the concerns of her later work on judgment, and her theory of the polis becomes a theory of topics. (shrink)

To many it seems obvious that any reduction of the nature of man to purely physical components involves an indirect attack on the doctrine of human immortality. To so reduce human nature, it may be argued, is to eliminate the soul and it is this essential component of man, rather than his body, which is the foundation of his immortality. This seems to me an altogether mistaken notion. My purpose in this paper, therefore, is to clarify the relation of physicalism (...) and immortality and thereby to reveal the error in this alleged incompatibility. (shrink)

Will democracy figure prominently in China's future? If so, what kind of democracy? In this insightful and thought-provoking book, David Hall and Roger Ames explore such questions and, in the course of answering them, look to the ideas of John Dewey and Confucius.

One way to understand science is as a selection process. David Hull, one of the dominant figures in contemporary philosophy of science, sets out in this 2001 volume a general analysis of this selection process that applies equally to biological evolution, the reaction of the immune system to antigens, operant learning, and social and conceptual change in science. Hull aims to distinguish between those characteristics that are contingent features of selection and those that are essential. Science and Selection brings (...) together many of David Hull's most important essays on selection in one accessible volume. (shrink)

If species are the things that evolve at least in large part through the action of natural selection, then both genetic and phenotypic variability are essential to biological species. If all species are variable, then Homo sapiens must be variable. Hence, it is very unlikely that the human species as a biological species can be characterized by a set of invariable traits. It might be the case that at this moment in evolutionary history, all human beings happen to possess a (...) particular set of traits, but if so, this will be in large part an evolutionary accident. As a result, anyone who proposes to base anything, including ethics, on human nature is basing it on historical happenstance. (shrink)

A central subject is the main strand around which the fabric of an historical narrative is woven. Such a subject must possess both spatial and temporal continuity. It is integrated into an historical entity through the relationship between those properties which make it an individual, and their interaction with the historical event. Scientific theory is useful in the reconstruction of past events and the definition of the central subject. Ideas used as central subjects present the problem of finding internal principles (...) of integration which will make the idea continuous over time. The purpose of narratives is to explain an event by integrating it into an organized whole. (shrink)

Considered the most original thinker in the Italian philosophical tradition, Giambattista Vico has been the object of much scholarly attention but little consensus. In this new interpretation, David L. Marshall examines the entirety of Vico's oeuvre and situates him in the political context of early modern Naples. He demonstrates Vico's significance as a theorist who adapted the discipline of rhetoric to modern conditions. Marshall presents Vico's work as an effort to resolve a contradiction. As a professor of rhetoric at (...) the University of Naples, Vico had a deep investment in the explanatory power of classical rhetorical thought, especially that of Aristotle, Cicero, and Quintilian. Yet as a historian of the failure of Naples as a self-determining political community, he had no illusions about the possibility or worth of democratic and republican systems of government in the post-classical world. As Marshall demonstrates, by jettisoning the assumption that rhetoric only illuminates direct, face-to-face interactions between orator and auditor, Vico reinvented rhetoric for a modern world in which the Greek polis and the Roman res publica are no longer paradigmatic for political thought. (shrink)

Extreme variation in the meaning of the term “species” throughout the history of biology has often frustrated attempts of historians, philosophers and biologists to communicate with one another about the transition in biological thinking from the static species concept to the modern notion of evolving species. The most important change which has underlain all the other fluctuations in the meaning of the word “species” is the change from it denoting such metaphysical entities as essences, Forms or Natures to denoting classes (...) of individual organisms. Several authors have taken notice of the role of metaphysics in the work of particular biologists. An attempt will be made in this paper to present a systematic investigation of the role which metaphysics has played in the work of representative biologists throughout the history of biology, especially as it relates to their species concepts. (shrink)

"Legend is overdue for replacement, and an adequate replacement must attend to the process of science as carefully as Hull has done. I share his vision of a serious account of the social and intellectual dynamics of science that will avoid both the rosy blur of Legend and the facile charms of relativism.... Because of [Hull's] deep concern with the ways in which research is actually done, Science as a Process begins an important project in the study of science. It (...) is one of a distinguished series of books, which Hull himself edits."—Philip Kitcher, Nature "In Science as a Process, [David Hull] argues that the tension between cooperation and competition is exactly what makes science so successful.... Hull takes an unusual approach to his subject. He applies the rules of evolution in nature to the evolution of science, arguing that the same kinds of forces responsible for shaping the rise and demise of species also act on the development of scientific ideas."—Natalie Angier, New York Times Book Review "By far the most professional and thorough case in favour of an evolutionary philosophy of science ever to have been made. It contains excellent short histories of evolutionary biology and of systematics (the science of classifying living things); an important and original account of modern systematic controversy; a counter-attack against the philosophical critics of evolutionary philosophy; social-psychological evidence, collected by Hull himself, to show that science does have the character demanded by his philosophy; and a philosophical analysis of evolution which is general enough to apply to both biological and historical change."—Mark Ridley, Times Literary Supplement "Hull is primarily interested in how social interactions within the scientific community can help or hinder the process by which new theories and techniques get accepted.... The claim that science is a process for selecting out the best new ideas is not a new one, but Hull tells us exactly how scientists go about it, and he is prepared to accept that at least to some extent, the social activities of the scientists promoting a new idea can affect its chances of being accepted."—Peter J. Bowler, Archives of Natural History "I have been doing philosophy of science now for twenty-five years, and whilst I would never have claimed that I knew everything, I felt that I had a really good handle on the nature of science, Again and again, Hull was able to show me just how incomplete my understanding was.... Moreover, [Science as a Process] is one of the most compulsively readable books that I have ever encountered."—Michael Ruse, Biology and Philosophy. (shrink)

With increasing awareness of environmental issues, there has been rising demand for environmental-friendly business practices. Prior research has shown that the implementation of environmental management practices is influenced by existing and potential stakeholder groups in the form of external pressures from legislators, environmental groups, financial institutions and suppliers, as well as internally by employees and owner/manager attitudes and knowledge. However, it has been reported that despite business owner/managers having strong “green” attitudes, the level of implementation of environmental-friendly practices is low. (...) In order to explore the connection between pressures for improved practices and the management actions taken, this article examines how influence from various stakeholders is related to awareness of environmental issues, and how this awareness relates to actions taken within the businesses to reduce the environmental impact of their operations. The results indicate that legislation does result in general environmental awareness, and that organizations are then willing to␣change their business processes and environmental strategies. However, despite their actions they have little awareness of the benefits that might arise from cost reductions from their environmental-friendly practices. Those influenced by their suppliers act to reduce waste, but do not put into place formal environmental management systems, or use environmental messages to market their goods or services. Nevertheless, it can be argued that they have a real commitment to environmental issues, as evidenced by a willingness to voluntarily contribute to environmental organizations. (shrink)

Individuals with autistic spectrum disorder (ASD) display diverse deficits in social, cognitive and behavioral functioning. To date, there has been mixed findings on the profile of executive function deficits for high-functioning adults (IQ >70) with ASD. A conceptual distinction is commonly made between “cold” and “hot” executive functions. Cold executive functions refer to mechanistic higher-order cognitive operations (e.g., working memory), whereas hot executive functions entail cognitive abilities supported by emotional awareness and social perception (e.g., social cognition). This study aimed to (...) determine the independence of deficits in hot and cold executive functions for high-functioning adults with ASD. Forty-two adults with ASD (64% male, aged 18-66 years) and 40 age and gender matched controls were administered The Awareness of Social Inference Test (TASIT; emotion recognition and social inference), Letter Number Sequencing (working memory) and Hayling Sentence Completion Test (response initiation and suppression). Between-group analyses identified that the ASD group performed significantly worse than matched controls on all measures of cold and hot executive functions (d =.54-1.5). Hierarchical multiple regression analyses revealed that the ASD sample performed more poorly on emotion recognition and social inference tasks than matched controls after controlling for cold executive functions and employment status. The findings also indicated that the ability to recognise emotions and make social inferences was supported by working memory and response initiation and suppression processes. Overall, this study supports the distinction between hot and cold executive function impairments for adults with ASD. Moreover, it advances understanding of higher-order impairments underlying social interaction difficulties for this population which, in turn, may assist with diagnosis and inform intervention programs. (shrink)

The philosophy of biology is one of the most exciting new areas in the field of philosophy and one that is attracting much attention from working scientists. This Companion, edited by two of the founders of the field, includes newly commissioned essays by senior scholars and up-and-coming younger scholars who collectively examine the main areas of the subject - the nature of evolutionary theory, classification, teleology and function, ecology, and the problematic relationship between biology and religion, among other topics. Up-to-date (...) and comprehensive in its coverage, this unique volume will be of interest not only to professional philosophers but also to students in the humanities and researchers in the life sciences and related areas of inquiry. (shrink)

An introduction to ethical reasoning -- Comparative religious perspectives on war -- Just and unjust war in Shakespeare's Henry V -- Anticipating and preventing atrocities in war -- The CIA's original "social contract" -- The KGB: CIA's traditional adversary -- Espionage -- Covert action -- Interrogation -- Concluding reflections.

Hannah Arendt's theory of judgment has been the object of considerable interest in the last three decades. Political theorists in particular have hoped to find in her theory of judgment a viable account of how diverse modern societies can sustain a commitment to dialogue in the absence of shared basic principles. A number of scholars, however, have critiqued Arendt's account of judgment in various ways. This article examines criticisms from Richard Bernstein, Ronald Beiner, George Kateb, Jürgen Habermas, and Linda Zerilli. (...) On the basis of early sources from Arendt's manuscripts and Denktagebuch that have not been used in these debates, this article contends that Arendt's position on judgment can be defended against these critics and that her account warrants further exploration. (shrink)

Historians must have an understanding of the present both to reconstruct the past and to explain that reconstruction to a contemporary audience. One criticism of presentism is that it is an interpretation of the past in terms of current values and ideas, and fails to provide a complete picture of the historical context. Regardless of such practices, however, the historian is limited to the methodological and archival tools available during his own time. Meaning, reason, and truth are different for different (...) periods and peoples. The clarity of his language, the consistency of his logic, and the validity of his proofs are relative to the historian's time and culture. The act of historical inquiry is influenced by the contrasts between past and present. Only by consciously addressing his dependence on the present can the historian adequately understand the past. (shrink)

Very much the same idea resurfaced in modern times with the British idealists and Continental existentialists. The author reviews these antecedents, showing how his theory differs from those of his predecessors.

The goal of cladistic systematics is to discern sister-group relations (cladistic relations) by the methods of cladistic analysis and to represent them explicitly and unambiguously in cladograms and cladistic classifications. Cladists have selected cladistic relations to represent for two reasons: cladistic relations can be discerned with reasonable certainty by the methods of cladistic analysis and they can be represented with relative ease in cladograms and classifications. Cladists argue that features of phylogeny other than cladistic relations cannot be discerned with sufficient (...) certainty to warrant attempting to represent them in either cladograms or classifications and could not be represented if they could. I argue that a better alternative is to work toward improving methods of cladistic analysis (or else to supplement them with other methods) so that such features of phylogeny can be discerned and to devise methods of representation capable of representing them in both cladograms and classifications. However, cladograms and classifications cannot represent everything about phylogeny. It is better to represent one or two aspects of phylogeny explicitly and unambiguously than nothing at all. (shrink)

Drawing on work of the past decade, this volume brings together articles from the philosophy, history, and sociology of science, and many other branches of the biological sciences. The volume delves into the latest theoretical controversies as well as burning questions of contemporary social importance. The issues considered include the nature of evolutionary theory, biology and ethics, the challenge from religion, and the social implications of biology today (in particular the Human Genome Project).

Cognitive neuroscientists are turning to an increasingly rich array of neurodynamical systems to explain mental phenomena. In these explanations, cognitive capacities are decomposed into a set of functions, each of which is described mathematically, and then these descriptions are mapped on to corresponding mathematical descriptions of the dynamics of neural systems. In this paper, I outline a novel explanatory schema based on these explanations. I then argue that these explanations present a novel type of dynamicism for the philosophy of mind (...) and neuroscience, componential dynamicism, that focuses on the parts of cognitive systems that fill certain functional roles in producing cognitive phenomena. (shrink)

Compares classic and contemporary theories of genetics and evolution and explores the role of teleological thought in biology.

At a time when politics and virtue seem less compatible than oil and water, _Democracy and Moral Development_ shows how to bring the two together. Philosopher David Norton applies classical concepts of virtue to the premises of modern democracy. The centerpiece of the book is a model of organizational management applicable to the state, business, the professions, and voluntary communities.

At a time when politics and virtue seem less compatible than oil and water, _Democracy and Moral Development_ shows how to bring the two together. Philosopher David Norton applies classical concepts of virtue to the premises of modern democracy. The centerpiece of the book is a model of organizational management applicable to the state, business, the professions, and voluntary communities.