This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as (...) a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation. (shrink)

Global Economy, Global Justice explores a vital question that is suppressed in most economics texts: "what makes for a good economic outcome?" Neoclassical theory embraces the normative perspective of "welfarism" to assess economic outcomes. This volume demonstrates the fatal flaws of this perspective--flaws that stem from objectionable assumptions about human nature, society and science. Exposing these failures, the book obliterates the ethical foundations of global neoliberalism. George DeMartino probes heterodox economic traditions and philosophy in search of an ethically viable alternative (...) to welfarism. Drawing on the work of Amartya Sen, DeMartino proposes the egalitarian principle of the "global harmonization of capabilities" to guide economics. This principle provides a basis for resisting oppression the world over while nevertheless demanding respect for cultural diversity. DeMartino puts this principle to work adjudicating contemporary debates over global policy regimes, and completes thebook with a set of deeply egalitarian global policies for the year 2025. Global Economy, Global Justice 's engaging prose will appeal to those seeking to understand the intersection between economics and political philosophy. Its focus on the normative foundations of contemporary policy disputes makes it unique in the literature on globalization. (shrink)

Written in the 1960s, TRUTH AND METHOD is Gadamer's magnum opus.

George Berkeley (1685-1753) is the superstar of Irish Philosophy. He entered Trinity College, Dublin, in 1700 and became a fellow in 1707. In 1724 he resigned his Fellowship to become Dean of Derry, and in 1734 he was made Bishop of Cloyne. He settled in Oxford in 1752 and died the following year. The work of George Berkeley is marked by its diversity and range. His writings take in such topics as mathematics, psychology, politics, health, economics, deism and education, as (...) well as that with which he is most associated - philosophy. Whatever topic he dealt with, his grasp of the subject matter was always impressive and his criticisms of his contemporaries often acute. Among the most noteable of the British Empiricists, he took his starting point from Locke's new 'way of ideas', but he rejected abstract ideas and the possibility of real existence outside perception. It is for this doctrine that he is most known - that there is no such thing as matter, and that things are collections of ideas which can exist only in our minds and only for so long as they are perceived. This philosophy, summed up in his phrase 'to be is to be perceived', he termed 'immaterialism'. A.C. Fraser's collection includes a series of what were previously unpublished notes by Berkeley on all the main topics of his philosophy. This, the 1901 edition, was the first complete edition of his works. (shrink)

A brilliant and comprehensive history of the creation of the modern Western mind. Soul Machine takes us back to the origins of modernity, a time when a crisis in religious authority and the scientific revolution led to searching questions about the nature of human inner life. This is the story of how a new concept—the mind—emerged as a potential solution, one that was part soul and part machine, but fully neither. In this groundbreaking work, award-winning historian George Makari shows how (...) writers, philosophers, physicians, and anatomists worked to construct notions of the mind as not an ethereal thing, but a natural one. From the ascent of Oliver Cromwell to the fall of Napoleon, seminal thinkers like Hobbes, Locke, Diderot, and Kant worked alongside often-forgotten brain specialists, physiologists, and alienists in the hopes of mapping the inner world. Conducted in a cauldron of political turmoil, these frequently shocking, always embattled efforts would give rise to psychiatry, mind sciences such as phrenology, and radically new visions of the self. Further, they would be crucial to the establishment of secular ethics and political liberalism. Boldly original, wide-ranging, and brilliantly synthetic, Soul Machine gives us a masterful, new account of the making of the modern Western mind. (shrink)

Throughout The Blessed and Boundless God, he proves his doctrine by demonstrating God's incomparableness in His being, attributes, works, and words. Swinnock is a pastor-theologian who views theology as the means by which we grow in acquaintance with God and, consequently, in godliness.

David A. J. Richards, Sex, Drugs, Death and the Law: An Essay on Human Rights and Overcriminalization Totowa, N.J.: Rowman and Littlefield, 1982, xii + 316 pp.

TRANSLATORS PREFACE THE PRESENT TRANSLATION OF GEORG SIMMEL'S Schopen- hauer und Nietzsche: Ein Vortragszyklus (1907), ...

This selection of George Berkeley's most important philosophical works contains--Essay Towards a New Theory of Vision; Principles of Human Knowledge; Three Dialogues between Hylas and Philonous; Theory of Vision Vindicated and Explained; De Motu (in translation); Philosophical Correspondence between Berkeley and Samuel Johnson, 1729-30; and Philosophical Commentaries.

Berkeley's idealism started a revolution in philosophy. As one of the great empiricist thinkers he not only influenced British philosophers from Hume to Russell and the logical positivists in the twentieth century, he also set the scene for the continental idealism of Hegel and even the philosophy of Marx. There has never been such a radical critique of common sense and perception as that given in Berkeley's Principles of Human Knowledge (1710). His views were met with disfavour, and his response (...) to his critics was the Three Dialogues between Hylas and Philonous. This edition of Berkeley's two key works has an introduction which examines and in part defends his arguments for idealism, as well as offering a detailed analytical contents list, extensive philosophical notes, and an index. (shrink)

Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power (...) among decision-makers. (shrink)

With characteristic lucidity and style, Steiner makes Heidegger's immensely difficult body of work accessible to the general reader. In a new introduction, Steiner addresses language and philosophy and the rise of Nazism. "It would be hard to imagine a better introduction to the work of philosopher Martin Heidegger."--George Kateb, The New Republic.

I live — if I choose to see things this way- — among a curious race that sees earth, its chance events and the vast interconnectedness of animals, mammals, ...

Legal decisions and theories are frequently condemned as formalistic, yet little discussion has occurred regarding exactly what the term "'formalism" means. In this Article, Professor Schauer examines divergent uses of the term to elucidate its descriptive content. Conceptions offormalism, he argues, involve the notion that rules constrict the choice of the decisionmaker. Our aversion to formalism stems from denial that the language of rules either can or should constrict choice in this way. Yet Professor Schauer argues that this (...) aversion to formalism should be rethought: At times language both can and should restrict decisionmakers. Consequently, the term "'formalistic" should not be used as a blanket condemnation of a decisionmaking process; instead the debate regarding decision according to rules should be confronted on its own terms. (shrink)

George Herbert Mead (1863-1931) had a powerful influence on the development of American pragmatism in the twentieth century. He also had a strong impact on the social sciences. This classic book represents Mead's philosophy of experience, so central to his outlook. The present as unique experience is the focus of this deep analysis of the basic structure of temporality and consciousness. Mead emphasizes the novel character of both the present and the past. Though science is predicated on the assumption that (...) the present is predictable based on a thorough knowledge of the past, the experience of the present, says Mead, is an utterly unique moment comparable to no other, and when it is past the novel character of that unique experience is irrevocable. The emergence of novelty within the perceived rational order of reality is the crux of the problem that Mead explores. The present, in his words, is "the emergent event . . . something which is more than the processes that have led up to it and which by its change, continuance, or disappearance, adds to later passages a content they would not otherwise have possessed." The present as "the seat of reality" heavily conditions our retrospective view of the past as much as it helps to shape the future. The novelty of every present experience causes us to reconstruct our preceding experiences to make sense of the past, which is naturally assumed to be the main cause of what we presently experience. Our perspective on reality is thus relative to the conditioning of each new event and it changes continuously as the effects of the present shift our view of the past and future. This emphasis on the integrative, holistic nature of reality, in which everything past, present, and future is a condition of everything else, makes Mead's philosophy highly relevant to today's scientific picture of a quantum universe, where chance and probability play a role in the emergence of reality. Also of great interest is the way in which he extends his basic analysis of temporal-spatial reality to the emergence of mind and consciousness as a natural development of the evolutionary process. This stimulating and provocative work attests to John Dewey's praise of Mead as "the most original mind in philosophy in America" of his generation. (shrink)

"Berkeley's Analysis of Perception" is an internal analysis of the development and consequences of Berkeley's interpretation of the perceptual process. It seeks to show that the implications of Berkeley's understanding of perception lead to conclusions later formulated in phenomenalistic theories of perception.

touch 27 Thirrdly, the straining of the eye 28 The occasions which suggest distance have in their own nature no relation to it 29 A difficult case proposed by Dr. Barrow as repugnant to all the known theories 30 This case contradicts a ...

In a remarkable book, one of the preeminent essayists and literary thinkers of our era concerns himself with language and its relation to literature and religion. Written during a period when the art of reading and the status of a text have been threatened by literary movements that question their validity and by computer technology, Steiner's essays affirm the primacy of reading in the classical sense.

In modern jurisprudence it is taken as axiomatic that John Austin's sanction-based account of law and legal obligation was demolished in H.L.A. Hart's The Concept of Law, but Hart's victory and the deficiencies of the Austinian account may not be so clear. Not only does the alleged linguistic distinction between being obliged and having an obligation fail to provide as much support for the idea of a sanction-independent legal obligation as is commonly thought, but the soundness of Hart's claims, as (...) well as the claims of many legal theorists who have followed him, depend on a contested view of the nature of legal theory. If the task of a theory of law, as Joseph Raz and others have influentially argued, is to identify the essential features of the concept of law, then the theoretical possibility, if not the empirical reality, of a sanction-free legal system is what is most important. But if the task of a theory of law is to provide philosophical and theoretical illumination of law as it exists and as it is experienced, then a theory of law that fails to give a central place to law's coercive reality may for that reason be deficient as a theory of law. The question of the soundness of the Austinian account, therefore, may be a function of the answer to the question of what a theory of law is designed to accomplish. (shrink)

Why does scholarship on transnational labor regulation (TLR) consistently fails to search for improvements in working conditions, and instead devotes itself to relentless efforts for identifying administrative processes, semantics, and amalgamations of stakeholders? This article critiques TLR from a pro-worker perspective, through the philosophical work of Georg Lukács, and the concepts of reification and commodification. A set of theoretically grounded criteria is developed and these are applied against selected contemporary cases of TLR. In the totality that is capitalism, reification (...) of social relations of production conceals completely the experiences of workers. In TLR, managerialist and process-oriented scholarship is dominant, verifiable outcomes and positive improvements in conditions of employment are not sought, and worse, meaningless procedures are celebrated as positive achievements. (shrink)

The Oxford Philosophical Texts series consists of authoritative teaching editions of canonical texts in the history of philosophy from the ancient world down to modern times. Each volume provides a clear, well laid out text together with a comprehensive introduction by a leading specialist,giving the student detailed critical guidance on the intellectual context of the work and the structure and philosophical importance of the main arguments. Endnotes are supplied which provide further commentary on the arguments and explain unfamiliar references and (...) terminology, and a fullbibliography and index are also included.The series aims to build up a definitive corpus of key texts in the Western philosophical tradition, which will form a reliable and enduring resource for students and teachers alike.In his Principles of Human Knowledge Berkeley makes the striking claim that physical things consist of nothing but ideas, and so do not exist outside the mind. This establishes Berkeley as the founder of the idealist tradition in philosophy. Berkeley argues vigorously that once we correct ourunderstanding of the physical, we can find a new proof of the existence of God, refute sceptical attacks on human knowledge, and resolve many difficulties and paradoxes raised by the advance of science.The text printed in this volume is the 1734 edition of the Principles which is generally agreed to represent Berkeley's mature thought. Also included are the four important letters between George Berkeley and Samuel Johnson, written in 1729-30. The text is supplemented by a comprehensiveintroduction which looks at the structure and main arguments of the text, as well as discussing Berkeley's life, influences, and general philosophy. In addition the volume includes an analysis of the text, a glossary, detailed notes, and a full bibliography with guidance on further reading.This new edition of Berkeley's most famous work, published alongside his other masterpiece, the Three Dialogues (also edited by Jonathan Dancy) provides the student with a thorough introduction to the central ideas of one of the world's greatest philosophers. (shrink)

Philosophical debates over statistical evidence have long been framed and dominated by L. Jonathan Cohen's Paradox of the Gatecrasher and a related hypothetical example commonly called Prison Yard. These examples, however, raise an issue not discussed in the large and growing literature on statistical evidence – the question of what statistical evidence is supposed to be evidence of. In actual practice, the legal system does not start with a defendant and then attempt to determine if that defendant has committed some (...) unspecified or under-specified act, as these examples appear to suppose. Rather, both criminal and civil litigation start with a sufficiently specified act and then attempt to determine if the defendant has committed it. And when we start with a more fully specified act, the statistics look very different, and these prominent examples no longer present the paradox they are claimed to support. Examining the issue of specification, however, does more than simply undercut the prominent examples in a long and extensive literature. The examination also raises normative issues challenging the legal system's traditional reluctance to base liability on the conjunction of probabilities. (shrink)

What is it for something to have a nature? And what is it for law to have a nature? Analysis of the concept of law has often been taken to be a search for the essential features of law, but it is not clear that the nature of a phenomenon or artifact is better explained by its essential features than by its common ones. And it is not clear that necessary truths have more explanatory value than typical truths. Especially -- (...) but not necessarily - if we recognize the possibility that law is a cluster concept, the value of explaining the widespread but not strictly necessary features of law in explaining law itself becomes more apparent. The jurisprudential project of differentiating law from other social phenomena is an important one, but the distinction may be a fuzzy one and not susceptible either to sharp demarcation or to specification of essential features of law that will assist in differentiation. But if we inquire into what typically or usually or almost always characterizes law rather than what necessarily characterizes it, we may make genuine progress in distinguishing law from the social phenomena to which it is adjacent but with which it is not congruent. (shrink)

Computability and Logic has become a classic because of its accessibility to students without a mathematical background and because it covers not simply the staple topics of an intermediate logic course, such as Godel's incompleteness theorems, but also a large number of optional topics, from Turing's theory of computability to Ramsey's theorem. This 2007 fifth edition has been thoroughly revised by John Burgess. Including a selection of exercises, adjusted for this edition, at the end of each chapter, it offers a (...) simpler treatment of the representability of recursive functions, a traditional stumbling block for students on the way to the Godel incompleteness theorems. This updated edition is also accompanied by a website as well as an instructor's manual. (shrink)

This is the first study of business ethics to take into consideration the plethora of issues raised by the Information Age. The first study of business ethics to take into consideration the plethora of issues raised by the Information Age. Explores a wide range of topics including marketing, privacy, and the protection of personal information; employees and communication privacy; intellectual property issues; the ethical issues of e-business; Internet-related business ethics problems; and the ethical dimension of information technology on society. Uncovers (...) previous ignored ethical issues. Underlines the need for public discussion of the issues. Argues that computers and information technology have not necessarily developed in the most ethical manner possible. (shrink)

bk. 1. 1868-1909 -- bk. 2. 1910-1920 -- bk. 3. 1921-1927 -- bk. 4. 1928-1932 -- bk. 5. 1933-1936 -- bk. 6. 1937-1940 -- bk. 7. 1941-1947 -- v. 8. 1948-1952.

Pierluigi Chiassoni’s Interpretation without Truth1 is a profoundly important book. And the book is important not only because of its deep, thorough, and impeccably fair analysis of numerous perspe...