MacIntyre’s theory of practices, institutions, and their respective kinds of goods, has revived and enriched the ethical critique of market economies, and his view of politics as centrally concerned with common goods and human flourishing presents a major challenge to neutralist liberal theorists’ attempts to exclude distinctively ethical considerations from political deliberation. However, the rejection of neutrality does not entail the rejection of liberalism tout court: questions of human flourishing may be accorded a legitimate role in political decisions-including those about (...) economic systems - provided that the powers of the state remain subject to certain recognizably liberal constraints. Further, although neutralist liberals often defend market economies on the mistaken grounds that they alone are consistent with the principle of ethical neutrality, a non-neutralist defence of them should not be ruled out, especially if the substantive theory of goods used to evaluate them is somewhat less restrictive than MacIntyre’s. (shrink)

The second edition of this volume is a comprehensive, practical and up-to-date analysis of the principles and rules of construction and post-probate issues, including how the courts interpret wills once they become the subject of litigation. This comprehensive work takes account of all recent case law-as well as new legislation such as the Land and Conveyancing Law Reform Act 2009-pertaining to trustees, trusts, trusts of land, and the amendments of the Rules of the Superior Courts by SI No 254 of (...) 2016 relating to the conduct of trials, and SI No 255 of 2016 which deals with pre-trial procedures. Part 1 provides the principles and rules of construction, and the rules of intrinsic and extrinsic evidence, which are applied by the courts when attempting to ascertain and give effect to a testator's intention from vague or uncertain language used by him or her in creating gifts. Part 2 deals with issues that may arise in construction suits concerning, not only uncertain language used in the creation of gifts, but also the actual legal validity of such gifts. Part 3 supplies a useful constructive and interpretative methodology that may be applied for construing and interpreting relevant statutory provisions. Part 4 deals with the forms and procedures required for instituting construction suits, and with issues involving the award of costs. This book is written primarily with legal practitioners in mind and will be of practical use in construction and probate litigation matters. It will also be a useful resource for academic lawyers, students engaged in professional courses, and those undertaking law degrees. [Subject: Wills & Trusts, Irish Law]. (shrink)

The place of play in the education of young children has been the focus of much interest in the past. But the findings from this research project demonstrate that there remains a significant amount of confusion about the role that play has in young children's education. In particular we found that there is a clear distinction between the rhetoric and reality of play in the reception class. Further, there was evidence of real anguish for some early years workers who were (...) failing to offer the play activities that they knew should be provided. These findings are particularly interesting at present, since the debate on the role of play has once again emerged as fundamental in the attempt to define a curriculum appropriate to the needs of the 3-6 year olds who, from the year 2000, will be required to work within the highly contentious Foundation Stage of the National Curriculum. (shrink)

Should perfectionist ideals of meaningful work play a significant part in the design of economic systems? In an influential article (Meaningful Work and Market Socialism), Richard Arneson rejected this traditional socialist view. Instead, he maintained, it should be left to the market, as a system that is consistent with the principle of neutrality, to determine the extent to which such work is available, and socialists should restrict their normative concerns primarily to issues of distributive justice. Against this it is argued (...) here that market economies appear to be neutral only if understood in neo-classical, rather than institutionalist terms. From the latter perspective, market economies can be shown to take a number of institutionally distinct forms, which differ significantly in how far they favour the satisfaction of preferences for meaningful work. Collective choices between these alternative systems should take account of these differences, and the adoption of market economies does not avoid the need for perfectionist judgments in politics. (shrink)

In Indian philosophy, a pramāṇa is an epistemic instrument or doxastic practice that results in a veridical cognition (in an event of knowing). For just about all Indian thinkers, perception (pratyakṣa) and inference (anumāna) are the foundational pramāṇas, although they debated energetically over how to characterize the content of the resultant cognitions and how to explain the basis for the authority of these pramāṇas. Debate also includes the relationship of knowledge to religious liberation, the role of scripture in knowing, and (...) the possibility of omniscience. (shrink)

As Axel Honneth has recently noted, the critical concerns of social philosophers during the past three decades have been focused primarily on questions of justice, with ethical issues about the human good being largely excluded. In the first section I briefly explore this exclusion in both ‘Anglo-American’ political philosophy and ‘German’ critical theory. I then argue, in the main sections, that despite this commitment to their exclusion, distinctively ethical concepts and ideals can be identified both in Rawls’s Theory of Justice (...) and in Habermas’s Theory of Communicative Action, taking these as exemplary, representative texts for each theoretical school. These ethical elements, and their implications for the critical evaluation of economic institutions, have gone largely unnoticed. In the final section I indicate the kinds of debates that might be generated, were these to be given the attention they arguably deserve. I focus especially on the significance of empirical issues, and hence on the role of social science in social criticism. (shrink)

Applied naturalism -- Natural rights -- Applied positivism -- A concept of interpretive methodology -- Application of principles of public policy -- Interpretative sources of law -- The formulation of legal principles -- The formulation and application of principles of interpretative construction -- The formulation and application of principles of constructive interpretation -- Application of appropriate equitable principles -- The formulation and application of determinant legal tests and criteria by the courts -- The practical adoption of the jurisprudential process of (...) conceptualisation -- Legal factors and formulae determining correct motion procedures -- The usefulness of templates and principles in maintaining integrity of law in legal practice. (shrink)

While many people today might turn to ancient Sanskrit philosophers for meditation or yoga, probably few would turn to them for help with difficult contemporary problems, such as what counts as "fake news" or navigating Internet debates. Philosopher Malcolm Keating argues that, in fact, a group of premodern Indian philosophers known as "Nyāya" have important things to say about how we can distinguish truth from falsity and reason well together, both of which are crucial to living a good life. (...) -/- In Reason in an Uncertain World, Keating teaches us what's distinctive in Nyāya approaches to knowledge and discussion, explaining these ideas in relationship to ordinary examples readers can understand. What are the limits of our reasoning? What counts as good evidence for our beliefs? How do we know if someone is a trustworthy source of information? What do we do when we are gripped by doubt? When is a debate with someone worth our time, and how can we discuss contentious topics? The answers to these questions are as relevant today as they were in ancient India. There, they were the focus of Nyāya philosophy, one of the most influential traditions of Indian philosophy, which few outside of scholarly communities have heard of. (shrink)

Arneson says that he disagrees both with the main claims of Arneson (1987) and with my criticisms of these in Keat (2009). What is arguably the most important of the former disagreements is left until the final paragraphs, where he declares that he (now) rejects the principle of state neutrality and that we are comrades in believing that good perfectionist arguments for the promotion of meaningful work can be constructed (and may legitimately provide a basis for state action). I am (...) more than happy to be counted a comrade in this respect. But otherwise I disagree with much of what he says in his response: I not only continue to support the criticisms I made in Keat (2009), but also disagree with another of Arneson’s main criticisms of Arneson (1987). So I shall both defend myself from his objections, and defend Arneson from his own. (shrink)

Prepare for practice with the essential text dedicated to Canadian legal and ethical issues! Focused solely on the ever-changing, and often complex health care landscape in Canada, Ethical & Legal Issues in Canadian Nursing 4th, Edition expertly covers the often intertwined ethical and legal issues that health care professionals face today. This fourth edition includes discussion points at the end of every chapter along with tables and illustrations to help you fully comprehend the material. Plus, the clear and straightforward writing (...) style presents information just as you will encounter it in your day-to-day practice, ensuring you're even more prepared to make an impact from the start! -- From the publisher. (shrink)

In this book, Frank Griffel presents the most comprehensive examination to date of the life and thought of this important figure.

This paper undertakes textual exegesis and rational reconstruction of Mukula Bhaṭṭa’s Abhidhā-vṛttta-mātṛkā, or “The Fundamentals of the Communicative Function.” The treatise was written to refute Ānandavardhana’s claim, made in the Dhvanyāloka, that there is a third “power” of words, vyañjanā (suggestion), beyond the two already accepted by traditional Indian philosophy: abhidhā (denotation) and lakṣaṇā(indication).1 I argue that the explanation of lakṣaṇā as presented in his text contains internal tensions, although it may still be a compelling response to Ānandavardhana.

In this book, Frank Griffel presents the most comprehensive examination to date of the life and thought of this important figure.

This note is a postscript to Ramsey's 'Truth and Probability'. It replaces that article's psychological reading of subjective probability with a reading of it as a consistency condition on the theory that we act to maximise expected utility.

How could ectogestative technology disrupt gender roles, parenting practices, and concepts such as ‘birth’, ‘body’, or ‘parent’? In this chapter, we situate this emerging technology in the context of the history of reproductive technologies and analyse the potential social and conceptual disruptions to which it could contribute. An ectogestative device, better known as ‘artificial womb’, enables the extra-uterine gestation of a human being, or mammal more generally. It is currently developed with the main goal of improving the survival chances of (...) extremely premature neonates. We argue that the intended use of the technology in neonatal intensive care units, as an alternative to current incubators (’partial-ectogestation’), challenges concepts such as ‘birth’, ‘fetus’, and ‘neonate’, and has several ethico-legal implications. We moreover address a more futuristic scenario where the entire embryological and fetal development could happen within an artificial womb (’full-ectogestation’). Such a scenario reveals the disruption of gender roles, parenting practices, and concepts such as ‘mother’, ‘father’, and ‘parent’. Both full- and partial-ectogestation would have implications for engineering and design, law-making, ethics, and philosophical anthropology. (shrink)

This article first briefly examines the textual structure of the Vangisathera Samyutta of the Pali Samyutta-nikaya in conjunction with two other versions preserved in Chinese translation in Taisho vol. 2, nos. 99 and 100. Then it compares the main teachings contained in the three versions. These three versions of this collection on the subject of the venerable Vangisa represent three different early Buddhist schools within the Sthavira branch. This comparative study of these three different versions focuses on three major topics: (...) Arhants at the pravarana ceremony; sensual desire and the way to extinguish it; and the Buddha’s teachings to Vangisa. It reveals similarities and significant differences in structure and doctrinal content, thus advancing the historical/critical study of early Buddhist doctrine in this area. (shrink)

Famously Ryle imagined a visitor who has seen the colleges, departments, and libraries of a university but still wonders where the university is. The visitor fails to realize that the university consists of these organizational units. In this paper I ask what exactly the relation is between institutional entities such as universities and the entities they are composed of. I argue that the relation is constitution, and that it can be illuminated in terms of constitutive rules. The understanding of the (...) ontology of institutions that constitutive rules provide, however, is incomplete. In order to capture the practical significance of institutions, I introduce the notion of a status rule. Status rules concern the normative powers of institutions. The status account of institutions defended here is used to solve the problem of freestanding status terms: it turns out to be rather difficult to identify the entities of which statuses such as corporations and electronic money are composed. Unable to solve this problem, Searle concludes that they are created out of thin air. I criticize this claim and argue that these statuses are imposed on persons. (shrink)

How should we react to the contention that there is empirical evidence showing that many judge Gettier cases to be cases of knowledge, contrary to the verdict of most analytical philosophers about these cases? I argue that there is no single answer to this question. The discussion is set inside a view about how to view the role and significance of intuitive responses to some of philosophy's famous thought experiments. One take-home message is that experimental philosophy and conceptual analysis are (...) not as far apart as is often thought. (shrink)

We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political (...) coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable ones, it seems, in the constitutional-democratic precincts of our times-that I will catalogue soon below. But conversely, I believe, those seeking the best and truest readings of Rawls might have something to learn from the controversies of the lawyers. My approach to Rawls has accordingly been that of a critically leavened (while no doubt broadly sympathetic) exegesis, while with the legal-discursive materials I take more of a diagnostic turn. My hope is that a treatment of these two discourses in relation to each other will prove an aid to both political-philosophical and legal-practical reflection. (shrink)

The present study seeks to lay out the most basic elements of the ontology of classical Aš‘arite theology. In several cases this requires a careful examination of the traditional and the formal lexicography of certain key expressions. The topics primarily treated are: how they understood “Being/ existence” and “being/existent” and essential natures; the systematic exploitation of the equivocities of certain expressions within a general context in which other than words there are no universals proves to be elegant as well as (...) insightful; the basic categories of primary entities: independant beings and nonindependant beings, created and uncreated, the equivocity of “being/existent” as predicated of contingent entities on the one hand and of God and His attributes on the other, and certain problems that arise because of the rigid application of the system's underlying analytic principles. Nous essayons ici de presenter les éléments fondamentaux de l'ontologie de l'aš‘arisme classique. Pour quelques expressions, il a fallu examiner la lexicographie et ordinaire et technique pour bien comprendre leur emploi et leur signification. Les sujets examinés sont: le sens de “Etre/existence” et de “être/existant” et le concept de réalité essentielle; l'emploi nuancé des équivocités de quelques expressions dans un contexte où les seuls universaux sont des mots, emploi qui se révèle philosophiquement élégant; les catégories fondamentales des êtres: êtres indépendants et êtres non-indépendants, soit créés soit incréés, l'équivocité de “être/existant” dit des êtres contingents d'une part, de Dieu et ses attributs d'autre part, et enfin quelques difficultiés qui résultent de l'application rigide des principes analytiques du système. (shrink)

Our intention here is to present the essential character of classical, sunnī kalām within a strictly formal perspective and to set out its basic aspects. It was conceived by the mutakallimīn as a rational, conceptual, and critical science and, although kalām differed in a number of basic concepts and constructs and in its analytic system, the topical organisation of the major compendia parallels that of metaphysics as understood in the contemporary Aristotelian tradition. The debates between kalām and falsafa need to (...) be examined within this context. Kalām, however, is theological in the strict sense of the term and it is as such that its problematic and its procedures are primarily to be understood. Thus seen, the object of kalām is to rationalise the cognitive content presented to Believers in the symbolic language of the koranic revelation. It has, then, four principal tasks, sc, to conceptualise, to order, to explain, and where possible to justify the primary doctrines of the community whose belief is held to be normative. Within this framework the differences that characterise the major schools as such and the various tendencies of individual masters within each school may readily be brought to light. On se propose ici de présenter, d'un point de vue strictement formel, la nature du kālam classique sunnite et d'identifier ses caractéristiques principales. II avait été conçu par les mutakallimin comme une science rationelle, conceptuelle et critique. L'organisation des matières dans ses traités reprend celle de la métaphysique dans la tradition aristotélicienne de l'époque, bien que le kalām s'en distingue par plusieurs de ses structures et concepts fondamentaux, ainsi que par son système analytique. C'est dans ce contexte qu'il faut considérer les debats qui s'instaurèrent entre kalām et falsafa. Le kalām, cependant, est d'ordre strictement théologique et c'est principalement dans ce cadre qu'il faut comprendre sa problématique et ses procédures. Le kalām a pour fonction de rationaliser le contenu cognitif offert aux croyants dans le langage symbolique de la révélation coranique. Il en résulte quatre tâches principales; il s'agit de conceptualiser, ordonner, expliquer et, dans le mesure du possible, justifier les doctrines principales reconnues par la communauté faisant référence en matière de croyance. Dans ce cadre, il sera possible de mettre en lumière les différences entre les principales écoles, ainsi que les tendances qui distinguent certains de leurs grands maîtres respectifs. (shrink)

This is a comprehensive study of the far-reaching changes that led to a re-shaping of the philosophical discourse in Islam during the sixth/twelfth century. Whereas earlier Western scholars thought that Islam's engagement with the tradition of Greek philosophy ended during that century, more recent analyses suggest its integration into the genre of rationalist Muslim theology (kalam). This book proposes a third view about the fate of philosophy in Islam. It argues that in addition to this integration, Muslim theologians picked up (...) the discourse of philosophy in Islam (falsafa) and began to produce books on philosophy. Written by the same authors, books in these two genres, kalām and philosophy, argue for opposing teachings on the nature of God, the world's creation, and on the afterlife. This study explains the emergence of a new genre of philosophical books called "hikma" that stand opposed to Islamic theology and at the same wishes to complement it. Offering a detailed history of philosophy in Iraq, Iran, and Central Asia during the sixth/twelfth century together with an analysis of the circumstances of practicing philosophy during this time, this study can show how reports of falsafa, written by major Muslim theologians such as al-Ghazali (d. 505/1111), developed step-by-step into critical assessments of philosophy that try to improve philosophical teachings, and eventually become fully fledged philosophical summas in the work of Fakhr al-Din al-Razi (d. 606/1210). The book ends in a discussion of the different methods of kalam and hikma and the coherence and ambiguity of a Muslim post-classical philosopher's œuvre. (shrink)

Sohn-Rethel’s great idea was to ‘socialise’ Kant’s transcendental subject by combining it with Marx’s commodity-form. In so doing, he took on three challenges simultaneously: a) the timeless validity of modern natural science; b) the social genesis of empirically pure forms of cognition; and c) socialisation occurring through a purely social synthesis. However, Sohn-Rethel construed Marx’s value-form analysis as an empirical exchange of commodities and held that such exchange performs a real abstraction – in this way, he laboured under the very (...) semblance that money engenders at the surface of society by virtue of its function qua means of exchange. This semblance can be rendered transparent by, on the one hand, explaining value in terms of capitalist valorisation rather than as a product of abstraction, and, on the other, developing money as the measure and form of this valorisation. (shrink)

Als »Subjektphilosophie« hat man das neuzeitliche Denken insgesamt charakterisiert. Diese Auszeichnung verdankt das Subjekt der verwegenen Hoffnung, es eigne sich zum ultimativen Prinzip der Wissensbegründung. Das Interesse an einer Aufklärung seiner Struktur wurde dadurch jedoch in den Hintergrund gedrängt. Diese Struktur steht im Zentrum von Manfred Franks jüngstem Buch, das einen Blick auf die moderne Geschichte der Subjekttheorien mit Analysen der inneren Beschaffenheit und der Zeitlichkeit des Subjekts sowie seines Verhältnisses zur Intersubjektivität und einer Auseinandersetzung mit klassischen und neuesten analytischen (...) Theoriebildungen verbindet. Dem Begriff der Präreflexivität kommt dabei die Schlüsselrolle zu. (shrink)

The article argues that universals of law, i.e. the laws of nature, are the general axioms of a deductive system of all knowledge, and their deductive consequences. Universals of fact are generalisations deducible from these together with particular facts.

Institutions are normative social structures that are collectively accepted. In his book Making the Social World, John R. Searle maintains that these social structures are created and maintained by Status Function Declarations. The article’s author criticizes this claim and argues, first, that Searle overestimates the role that language plays in relation to institutions and, second, that Searle’s notion of a Status Function Declaration confuses more than it enlightens. The distinction is exposed between regulative and constitutive rules as being primarily a (...) linguistic one: whereas deontic powers figure explicitly in regulative rules, they feature only implicitly in constitutive rules. Furthermore, he contends that Searle’s collective acceptance account of human rights cannot adequately account for the fact that people have these rights even when they are not recognized. Finally, It is argued that a conception of collective intentionality that involves collective commitment is needed in order to do justice to the normative dimension of institutions. (shrink)

In modern democracies, moral experts play an increasingly important role in law-making. Apart from the question of which competences characterize moral experts, their influence on the legitimacy of democratic procedures must be discussed. On the one hand, the contribution of moral experts promises to improve the quality of decision making. On the other hand, however, moral experts cannot claim to represent the will of the people. In this essay, at first a concept of the moral expert will be sketched which (...) does without the assumption of a privileged access to 'moral truths'. Then a procedural understanding of democratic legitimacy without epistemic components will be defended. Finally there will be a distinction between the purely consultative and the quasi-legislative tasks of ethics committees. Whereas councelling by moral experts does not influence the legitimacy of democratic procedures, giving them quasilegislative functions is connected to risks in this respect. (shrink)

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Institutions are normative social structures that are collectively accepted. In his book Making the Social World, John R. Searle maintains that these social structures are created and maintained by Status Function Declarations. The article’s author criticizes this claim and argues, first, that Searle overestimates the role that language plays in relation to institutions and, second, that Searle’s notion of a Status Function Declaration confuses more than it enlightens. The distinction is exposed between regulative and constitutive rules as being primarily a (...) linguistic one: whereas deontic powers figure explicitly in regulative rules, they feature only implicitly in constitutive rules. Furthermore, he contends that Searle’s collective acceptance account of human rights cannot adequately account for the fact that people have these rights even when they are not recognized. Finally, It is argued that a conception of collective intentionality that involves collective commitment is needed in order to do justice to the normative dimension of institutions. (shrink)

Skill or control is commonly regarded as a necessary condition for intentional action. This received wisdom is challenged by experiments conducted by Joshua Knobe and Thomas Nadelhoffer, which suggest that moral considerations sometimes trump considerations of skill and control. I argue that this effect (as well as the Knobe effect) can be explained in terms of the role normative reasons play in the concept of intentional action. This explanation has significant advantages over its rivals. It involves at most a conservative (...) extension rather than a radical revision of what we tend to believe about intentional action, and it fits better with the way we conceive of the relation between intentional action and moral responsibility. (shrink)

This paper seeks to provide a basis for a fruitful correspondence between the projects of Nietzsche and Merleau-Ponty. It argues that both philosophers are committed to an ontology of relation and they both regards any terms to these relations as being hypostases of a horizontal movement. This commits them to very parallel views of history, politics, and perception.

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In capitalism human beings act as if they are mere animals. So we hear repeatedly in the history of modern philosophy. Indifference and Repetition examines how modern philosophy, largely coextensive with a particular boost in capitalism’s development, registers the reductive and regressive tendencies produced by capitalism’s effect on individuals and society. Ruda examines a problem that has invisibly been shaping the history of modern, especially rationalist philosophical thought, a problem of misunderstanding freedom. Thinkers like Descartes, Kant, Hegel, and Marx claim (...) that there are conceptions and interpretations of freedom that lead the subjects of these interpretations to no longer act and think freely. They are often unwillingly led into unfreedom. It is thus possible that even “freedom” enslaves. Modern philosophical rationalism, whose conceptual genealogy the books traces and unfolds, assigns a name to this peculiar form of domination by means of freedom: indifference. Indifference is a name for the assumption that freedom is something that human beings have: a given, a natural possession. When we think freedom is natural or a possession we lose freedom. Modern philosophy, Ruda shows, takes its shape through repeated attacks on freedom as indifference; it is the owl that begins its flight, so that the days of unfreedom will turn to dusk. (shrink)