The period of highest creativity of the Catholic novels of France, England, and America was that between the two extremes of past isolation and present confluence.

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

This is the second volume of philosophical essays by one of the most innovative and influential philosophers now writing in English. Containing thirteen papers in all, the book includes both new essays and previously published papers, some of them with extensive new postscripts reflecting Lewis's current thinking. The papers in Volume II focus on causation and several other closely related topics, including counterfactual and indicative conditionals, the direction of time, subjective and objective probability, causation, explanation, perception, free will, and rational (...) decision. Throughout, Lewis analyzes global features of the world in such a way as to show that they might turn out to supervene on the spatiotemporal arrangement of local qualities. (shrink)

The first volume of this series presents fifteen selected papers dealing with a variety of topics in ontology, philosophy of mind, and philosophy of language.

Many years ago, C.B. Martin drew our attention to the possibility of ‘finkish’ dispositions: dispositions which, if put to the test would not be manifested, but rather would disappear. Thus if x if finkishly disposed to give response r to stimulus s, it is not so that if x were subjected to stimulus r, x would give response z; so finkish dispositions afford a counter‐example to the simplest conditional analysis of dispositions. Martin went on to suggest that finkish dispositions required (...) a theory of primitive causal powers; there, I think, he was mistaken. All that they require is an improved conditional analysis, and this improved analysis can be built upon whatever treatments of properties and of laws we may favour on other grounds. (shrink)

The controversy over judicial activism is as old as the question whether law is “made” or “found” by the courts, and is die quintessential living question for legal philosophers. Here the practical meets the abstract, as Supreme Court justices must, explicitly or not, adopt some philosophical viewpoint in deciding how general constitutional propositions do, or do not, decide current concress te controversies.

Nineteenth-century references to the syllogism by J. S. Mill and Oliver Wendell Holmes Jr. reveal a distinct approach to the logic of inference in the formative years of pragmatism. In the latter may be found an element of the emergence of generals from particulars. Fallibilism in law and science reflects their social dimension as part of the communal ordering of experience. This implies a distinct approach to uncertainty, as experience yet to be integrated within a developing system of classification.

Judith Butler and Catherine Malabou’s recent exchange, ‘You Be My Body for Me: Body, Shape and Plasticity in Hegel’s Phenomenology of Spirit’, is remarkable because in their rereading of Hegel’s famous lord and bondsman parable, rather than focusing on recognition, work, or even desire, Butler and Malabou each wonder about how Hegel contributes to a new way of thinking about ‘having’ a body and how coming to ‘be’ a body necessarily involves a kind of dispossession. Butler and Malabou’s reading of (...) Hegel is congruent with a current shift on the left away from a liberal politics of recognition to a Marxist analytic of dispossession: a move, in other words, away from liberal ‘solutions’ of redistribution – of either goods or recognition – towards thinking through issues of settler colonialism, forced migration and empire. Butler and Malabou’s piece points towards the insight that Hegel’s parable must be thought in terms of the political history of possessive individualism, and so in terms of the history of juridically defined property relations; the history of regarding both the body and the land as property. The ‘two valences’ of dispossession, in other words, refers in fact to a logic of property relations, one between those who ‘have’ property and those who are juridically defined as propertyless. (shrink)

This article explores Judith Butler’s reinterpretation of Hannah Arendt’s work in terms of the question of dispossession. By paying attention to the changes in voice and tone in Arendt’s work, Butler has brought forward a reading of Arendt that we have not seen before, and one that we have maybe never needed so much.

This article explores Judith Butler’s reinterpretation of Hannah Arendt’s work in terms of the question of dispossession. By paying attention to the changes in voice and tone in Arendt’s work, Butler has brought forward a reading of Arendt that we have not seen before, and one that we have maybe never needed so much.

Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original (...) legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers. (shrink)

This volume centers on debates about how far moral judgments bind across traditions and epochs. Nowadays such debates appear especially volatile, both in popular culture and intellectual discourse: although there is increasing agreement that the moral and political criteria invoked in human rights documents possess cross-cultural force, many modern and postmodern developments erode confidence in moral appeals that go beyond a local consensus or apply outside a particular community. Often the point of departure for discussion is the Enlightenment paradigm of (...) a common morality, in which it is assumed that certain unchanging beliefs inhere in the structure of human reason. Whereas some thinkers continue to defend this paradigm, others modify it in diverse ways without abandoning entirely the attempt to address a universal audience, and still others jettison virtually all of its distinguishing features. Exhibiting a range of positions Western participants take in these debates, this volume seeks to advance the substance of the debates themselves without prejudging the outcome. Rival assessments of the Enlightenment paradigm are offered from various philosophical and theological points of view. In addition to the editors, the contributors include Robert Merrihew Adams, Annette C. Baier, Alan Donagan, Margaret A. Farley, Alan Gewirth, David Little, Richard Rorty, Jeffrey Stout, and Lee H. Yearley. (shrink)

The first volume of this series presents fifteen selected papers dealing with a variety of topics in ontology, philosophy of mind, and philosophy of language.

This volume centers on debates about how far moral judgments bind across traditions and epochs. Nowadays such debates appear especially volatile, both in popular culture and intellectual discourse: although there is increasing agreement that the moral and political criteria invoked in human rights documents possess cross-cultural force, many modern and postmodern developments erode confidence in moral appeals that go beyond a local consensus or apply outside a particular community. Often the point of departure for discussion is the Enlightenment paradigm of (...) a common morality, in which it is assumed that certain unchanging beliefs inhere in the structure of human reason. Whereas some thinkers continue to defend this paradigm, others modify it in diverse ways without abandoning entirely the attempt to address a universal audience, and still others jettison virtually all of its distinguishing features. Exhibiting a range of positions Western participants take in these debates, this volume seeks to advance the substance of the debates themselves without prejudging the outcome. Rival assessments of the Enlightenment paradigm are offered from various philosophical and theological points of view. In addition to the editors, the contributors include Robert Merrihew Adams, Annette C. Baier, Alan Donagan, Margaret A. Farley, Alan Gewirth, David Little, Richard Rorty, Jeffrey Stout, and Lee H. Yearley. (shrink)

The social structures and thought patterns of the modern world are the fruits of the Enlightenment, which begins by eliminating final causal explanations in favour of purely material and efficient causes. The development and great technical success of Enlightenment procedures has, however, produced a cultural blindness about the good. Camus's novel shows us this cultural blindness through characters who themselves suffer from it; for modern man, it is almost a natural evil—we are born into it. Camus' hope must have been (...) that the vision of the characters' incapacity might help break us from the same incapacity. What the cured life looks like Camus does not say; in the world of our plague, it appears as either odd or mystery. (shrink)

We all live our daily lives surrounded by the products of technology that make what we do simpler, faster, and more efficient. These are benefits we often just take for granted. But at the same time, as these products disburden us of unwanted tasks that consumed much time and effort in earlier eras, many of them also leave us more disengaged from our natural and even human surroundings. It is the task of what Gene Moriarty calls focal engineering to (...) create products that will achieve a balance between disburdenment and engagement: “How much disburdenment will be appropriate while still permitting an engagement that enriches one’s life, elevates the spirit, and calls forth a good life in a convivial society?” One of his examples of a focally engineered structure is the Golden Gate Bridge, which “draws people to it, enlivens and elevates the human spirit, and resonates with the world of its congenial setting. Humans, bridge, and world are in tune.” These values of engagement, enlivenment, and resonance are key to the normative approach Moriarty brings to the profession of engineering, which traditionally has focused mainly on technical measures of evaluation such as efficiency, productivity, objectivity, and precision. These measures, while important, look at the engineered product in a local and limited sense. But “from a broader perspective, what is locally benign may present serious moral problems,” undermining “social justice, environmental sustainability, and health and safety of affected parties.” It is this broader perspective that is championed by focal engineering, the subject of Part III of the book, which Moriarty contrasts with “modern” engineering in Part I and “pre-modern” engineering in Part II. (shrink)

Tracing the sign -- Signing the trace -- The messianic without messianism -- Mourning terminable and interminable : law and (commmodity) fetishism -- Justice, law, and Antigone's singular act -- Generalizing the economy of fetishism.

This book develops John Dewey's broad conception of social conflict as a natural process of discovery and preference adjustment, resolving Kenneth Arrow's famous theorem of the impossibility of ordering diverse preferences through voting. It addresses the nature and resolution of today's urgent problems and political polarization.

Departing from hypothetical dilemmas and drawing on examples from law, this paper offers a pragmatist account of normative induction that characterizes moral particularism and generalism as stages of inquiry into ethical problems, rather than rival accounts of moral knowledge and motivation. Pragmatism’s response to analytical moral theory lies in understanding the transformative nature of John Dewey’s social continuum of inquiry. The continuum is unrecognized in the analysis of hypothetical dilemmas, like the trolley problem, but can clearly be seen in studies (...) of law. Real moral dilemmas represent actual conflicts, of which the dimensions emerge through experience and the solution cannot be addressed through the analysis of cleverly balanced moral puzzles. Repeated over time, real problems drive the consensual formation and revision of social practices and the predication of general moral rules and principles. Ethical particularism holds that the evaluative cannot be “cashed out” propositionally, and that it is descriptively “shapeless.” It fails to recognize that real moral problems occur in a continuum, and at first encounter a shapeless particularist context of seemingly unlimited non-moral properties. Normativity is driven by repetition of similar situations toward shared practices and descriptive predication. Rather than a Dancian retention of epistemic status by defeated reasons, this illustrates retirement of relevant properties and accompanying reasons, transformation of the reasons environment, and a pluralist normative ontology. (shrink)

Pragmatism, Logic and Law traces legal pragmatism as a distinct logical theory originated in late 19th century America, covering various issues, cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, natural law, critical legal studies (CLS), and neopragmatism.

A spectre is haunting linguistics and education: the prematurely buried legacy of Basil Bernstein, Michael Halliday, Ruqaiya Hasan and Karl Marx. On the one hand, this spectre seems to demand that we treat both language and learning as natural wholes, instead of reducing them to natural sciences like phonetics or neuroscience and social sciences like discourse analysis and curriculum studies and then trying to hook them up again through interdisciplinary links. On the other, this spectre requires us to work in (...) a world where knowledge is already profoundly fragmented, where choosing to learn one fragment rather than another does make a difference in the health and welfare of the teacher and especially of the learner. Let this paper serve as a manifesto defending the maligned work of Halliday and Hasan, and also as a manual to demonstrate how their analytical approach exposes the fragmentation of knowledge and shows how it can be overcome. (shrink)

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