How often our actions go awry because our perceptions are at odds with reality! This book examines the legal issues that arise when we seek to avoid the untoward consequences of an action by claiming that our perception was flawed. We all make mistakes. Some have unfortunate consequences: we might overpay a debt or make an unfavourable contract, or we might be sued or accused of a crime as a result of our mistake. Claims to alleviation on the grounds of (...) mistake are likely to arise wherever the law prescribes a state of mind as a prerequisite for the application of a legal rule. This book asks when the fact that a person made a mistake should entitle them to alleviation. This may involve the intention to enter into a contract or a payment, in which case a person could seek its reversal, or it might involve the intent to commit a tort or crime, in which case they could seek forgiveness for the offence. Farnsworth defines 'alleviating' mistakes as those which entitle a person to relief from untoward consequences of their mistake.There is no general 'law of mistake', and despite their similarities, few discussions of mistake in one setting pause to consider mistakes in other contexts. The goals of fields as disparate as contracts and criminal law are very different: how do these differences affect the treatment of mistakes? Farnsworth sets out a new taxonomy of mistakes. His analysis reveals that over the past century, there has been a remarkable increase in the receptivity of courts and scholars to claims for both reversal and forgiveness- a waxing of alleviating mistakes. (shrink)

We dedicate this book to John Thibaut. He was mentor and personal friend to one of us, and his work had a profound intellectual influence on both of us. We were both strongly influenced by Thibaut's insightful articulation of the importance to psychology of the concept of pro cedural justice and by his empirical work with Laurens Walker in reactions to legal institu demonstrating the role of procedural justice tions. The great importance we accord the Thibaut and Walker work is (...) evident throughout this volume. If anyone person can be said to have created an entire field of inquiry, John Thibaut created the psychological study of procedural justice. (To honor Thibaut thus in no sense reduces our recognition of the contributions of his co-worker, Laurens Walker, in the creation of the field. We are as certain that Walker would endorse our statement as we are that Thibaut, with characteristic modesty, would demur from it. ) Even to praise Thibaut in this fashion falls short of recognizing all of his contributions to procedural justice. Not only did he initiate the psy chological study of the topic, he also built much of the intellectual foun dation upon which the study of procedural justice rests. Thibaut's work with Harold Kelley (1959; Kelley & Thibaut, 1978) created a social psy chological theory of interdependence that, among many other applica tions, serves as the basis for one of the major models of the psychology of procedural justice. (shrink)

Scholars of classical philosophy have long disputed whether Aristotle was a dialectical thinker. Most agree that Aristotle contrasts dialectical reasoning with demonstrative reasoning, where the former reasons from generally accepted opinions and the latter reasons from the true and primary. Starting with a grasp on truth, demonstration never relinquishes it. Starting with opinion, how could dialectical reasoning ever reach truth, much less the truth about first principles? Is dialectic then an exercise that reiterates the prejudices of one's times and at (...) best allows one to persuade others by appealing to these prejudices, or is it the royal road to first principles and philosophical wisdom? In From Puzzles to Principles? May Sim gathers experts to argue both these positions and offer a variety of interpretive possibilities. The contributors' thoughtful reflections on the nature and limits of dialectic should play a crucial role in Aristotelian scholarship. (shrink)

This book builds on the idea that pragmatics and philosophy are strictly interconnected and that advances in one area will generate consequential advantages in the other area. The first part of the book, entitled ‘Theoretical Approaches to Philosophy of Language’, contains contributions by philosophers of language on connectives, intensional contexts, demonstratives, subsententials, and implicit indirect reports. The second part, ‘Pragmatics in Discourse’, presents contributions that are more empirically based or of a more applicative nature and that deal with the pragmatics (...) of discourse, argumentation, pragmatics and law, and context. The book presents perspectives which, generally, make most of the Gricean idea of the centrality of a speaker’s intention in attribution of meaning to utterances, whether one is interested in the level of sentence-like units or larger chunks of discourse. (shrink)

In this thorough compendium, nineteen accomplished scholars explore, in some manner the values they find inherent in the world, their nature, and revelence through the thought of Frederick Ferré. These essays, informed by the insights of Ferré and coming from manifold perspectives—ethics, philosophy, theology, and environmental studies, advance an ambitious challenge to current intellectual and scholarly fashions.

In this thorough compendium, nineteen accomplished scholars explore, in some manner the values they find inherent in the world, their nature, and revelence through the thought of Frederick FerrZ. These essays, informed by the insights of FerrZ and coming from manifold perspectives—ethics, philosophy, theology, and environmental studies, advance an ambitious challenge to current intellectual and scholarly fashions.

Every student of the twentieth century has heard both of the great Viennese economist Friedrich von Hayek and of the equally great philosopher Ludwig Wittgenstein. But what isn't well known is that the two were distant cousins and that, shortly after Wittgenstein's death in 1951, Hayek set out to write a biography of his cousin. The project was derailed by Wittgenstein family members, who felt it was to soon to publish such a work - especially one like Hayek's, so candid (...) about his cousin's difficulties and depressions. But Hayek's draft acquired an underground readership, and Wittgensteins biographers have used it extensively. Here finally, is the text of that work itself - a true goldmine in being one great thinker's view of another, whom he knew personally, even if not well. Hayek's account has the great merit of being close to its subject; the draft, moreover sheds light, not only on Wittgenstein but on Hayek as well. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)

This paper concerns would-be necessary connections between doxastic attitudes about the epistemic statuses of your doxastic attitudes, or ‘higher-order epistemic attitudes’, and the epistemic statuses of those doxastic attitudes. I will argue that, in some situations, it can be reasonable for a person to believe p and to suspend judgment about whether believing p is reasonable for her. This will set the stage for an account of the virtue of intellectual humility, on which humility is a matter of your higher-order (...) epistemic attitudes. Recent discussions in the epistemology of disagreement have assumed that the question of the proper response to disagreement about p concerns whether you ought to change your doxastic attitude towards p. My conclusion here suggests an alternative approach, on which the question of the proper response to disagreement about p concerns the proper doxastic attitude to adopt concerning the epistemic status of your doxastic attitude towards p.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.HIGHER-ORDER EPISTEMIC ATTITUDES AND INTELLECTUAL HUMILITYVolume 9, Issue 3Allan HazlettDOI: https://doi.org/10.1017/epi.2012.11Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. HIGHER-ORDER EPISTEMIC ATTITUDES AND INTELLECTUAL HUMILITYVolume 9, Issue 3Allan HazlettDOI: https://doi.org/10.1017/epi.2012.11Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. HIGHER-ORDER EPISTEMIC ATTITUDES AND INTELLECTUAL HUMILITYVolume 9, Issue 3Allan HazlettDOI: https://doi.org/10.1017/epi.2012.11Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

O idealismo transcendental anunciado por Husserl como idêntico à própria fenomenologia nunca deixou de ser um dos pontos mais polêmicos de sua filosofia. A esse respeito, um dos primeiros críticos da posição filosófica esposada publicamente por Husserl a partir de Ideias para uma fenomenologia pura foi seu outrora aluno Roman Ingarden. Seu denso e resoluto criticismo em relação à perspectiva idealista de Husserl é amparado por minuciosas investigações de ordem ontológica, contidas sobretudo em seu magnum opus, Controvérsia acerca da existência (...) do mundo. Contudo, algumas das discussões aí indicadas já se faziam presentes em seu famoso escrito A obra de arte literária, de 1929. Com efeito, neste texto, que busca demarcar o estatuto ontológico das obras literárias, Ingarden já empreende análises que lhe permitem questionar alguns dos pressupostos centrais ao idealismo transcendental advogado por Husserl. A proposta do presente trabalho é apresentar algumas das noções básicas da ontologia ingardeniana, bem como sua visão acerca do modo de ser da obra literária, e tentar compreender como estes elementos se coordenam a fim de fornecer a Ingarden alguns dos elementos que lhe permitem ensaiar uma resposta realista à perspectiva de Husserl. (shrink)

In this paper, I defend the claim, made by G. E. M. Anscombe and J. L. Austin, that you can insult someone by refusing her testimony. I argue that refusing someone’s testimony can manifest doubt about her credibility, which in the relevant cases is offensive to her, given that she presupposed her credibility by telling what she did. I conclude by sketching three applications of my conclusion: to the issue of valuable false belief, to the issue of testimonial injustice, and (...) to the issue of skepticism about testimonial knowledge. (shrink)

Hobbes argues that among the reasons for the Catholic Church’s power is the difficulty for ignorant people to understand the causes of natural phenomena. They take the motion of invisible bodies for the intervention of incorporeal agents. For Hobbes, the Church tries to perpetuate this profitable misunderstanding by spreading Scholastic doctrines supporting this idea in the sermons of all the parishes of the Christian world. Existing literature, thus far, focused almost exclusively on Hobbes’ negative claim concerning incorporeal substances, i.e., that (...) they are absurd and are only used to justify the Church’s claim to power. On the other hand, his positive proposition to replace immaterial substances with invisible bodies was not fully explored. By highlighting Hobbes’ examination of invisibility in Leviathan, it is possible to demonstrate how he uses ideas from natural philosophy to challenge some of the dominant Scholastic doctrines and, consequently, the usurpation of the sovereign’s ecclesiastical power. (shrink)

The following article shows what Tacitus Ann. 15,44 thought of the role of the Chrestiani at the burning of the Roman capital A.D. 64 and why they themselves as punishment of their,,crime“ were crucified and burned. In order to demonstrate this the textus receptus is first analysed linguistically and its content interpreted in its historical and sociological context. It is ethnohistorically established as a fact that Tacitus counted the Chrestiani as a minority of the Iudaei. Linguistically it is proved that (...) the words aut flammandi atque ubi are corrupt and have to be emended ad flammas dati, ut, cum why some of the Chrestiani as part of their punishment were given to the flames, i.e. Latine: ad flammas dati. (shrink)

O presente trabalho pretende abordar a teoria da unidade do valor, enquanto teoria geral da interpretação. Ao superar a suposta divisão entre direito e moral, considerando a atividade interpretativa o elemento central de uma teoria normativa de todo o empreendimento humano, Dworkin evidencia as limitações do positivismo jurídico concebido por Hart em fornecer soluções adequadas aos “casos difíceis” e amplia o espectro para se encontrar uma “resposta correta” aos casos concretos em uma teoria normativa atrelada à moralidade política, manifestada pela (...) atividade interpretativa, cujo sentido será o valor atribuído pelo intérprete a um determinado fato ou objeto. (shrink)

Intellectual pride is pride about intellectual matters – for example, knowledge about what you know, about your intellectual virtues, or about your intellectual achievements. It is the opposite of intellectual humility (e.g. knowledge about what you don’t know, about your intellectual vices, or about your intellectual failures). In this paper I will advocate for intellectual pride by explaining its importance in the contexts of education (where a lack of pride threatens to undermine motivation), intellectual marginalization (where a lack of pride (...) threatens to facilitate oppression), and collective inquiry (where a lack of pride threatens to undermine public discourse). In these contexts, intellectual humility is problematic and intellectual pride is valuable. I’ll go on to offer a sketch of intellectual pride as a virtue. Just as the virtue of intellectual humility comprises excellence in negative intellectual self-evaluation, the virtue of intellectual pride comprises excellence in positive intellectual self-evaluation. (shrink)