In the last years of his life, Gerald C. MacCallum, Jr., defied illness to continue his work on the philosophy of law. This book is a monument to MacCallum’s effort, containing fourteen of his essays, five of them published here for the first time. Two of those previously published are widely admired and reprinted: “Legislative Intent,” certainly one of the best papers ever published on its topic, and “Negative and Positive Freedom,” which offered a new way of (...) looking at a distinction that had been canonical for the last two centuries. To complete MacCallum’s unfinished pieces, Marcus G. Singer and Rex Martin painstakingly consulted MacCallum’s notes for planned revisions. MacCallum discusses legal reasoning, the application of rules, the interpretation of statutes and constitutional provisions, and the relation of these matters to morality and justice. In the last decade of his working life, he became greatly concerned with the interrelated themes of integrity, autonomy, conscience, and violence. He wished to relate competition to morality and justice to adversarial systems of law. These themes are woven together in Legislative Intent and constitute the main subject of some of the essays. MacCallum was engaged in a constant search for truth and understanding, and in his life and work lived up to Emerson’s vision of the “American Scholar” as a “human being thinking.” These essays are informed by the author’s deep curiosity, penetrating intelligence, wide knowledge, and outstanding character. They will be treasured wherever these characteristics and true philosophy are treasured. (shrink)

The popular slogan that one ought to fight for what he believes right appears to point a way for persons to witness the moral seriousness of their interest in reform. But exactly what way does it point, and, in particular, does it enjoin resort to violence for the sake of what one believes right ? Pursuit of this question exposes some roots of our indecisive and often confused views about the acceptable means of revolution and reform and the eventual r61e (...) of violence therein. Common understandings of ?violence? and ?fight for? do not carry us far. Further, there are doubtless differences in how the slogan's enjoinment of ?fighting? (and thus, if at all, of violence) is understood to be limited. These differences and the issues underlying them are exposed when we ask whether the slogan is to be understood to enjoin fighting or manners of fighting that might be called premature, gratuitous, or wasteful, and when we ask whether the ?ought? in the slogan is to be understood as, at best, a prima facie ought. (shrink)

Gerald MacCallum taught philosophy at the University of Wisconsin from 1961 until 1977. The stroke he suffered in that year prevented him from further teaching. He continued to write, even through the crippling effects of a second stroke, until his death in 1987. His final project was the Prentice Hall Foundations in Philosophy book, Political Philosophy. The present collection brings together papers, published and unpublished, spanning his writing career. I hope in this short space to convey some bigger, (...) largely tacit themes underlying MacCallum’s penetrating but humble attention to detail and distinctions. (shrink)

A Nobel Prize-winning scientist and a leading brain researcher show how the brain creates conscious experience.

Having laid the groundwork in his critically acclaimed books Neural Darwinism (Basic Books, 1987) and Topobiology (Basic Books, 1988), Nobel laureate Gerald M. Edelman now proposes a comprehensive theory of consciousness in The Remembered ...

Theoria , the international Swedish philosophy journal, was founded in 1935. Its contributors in the first 75 years include the major Swedish philosophers from this period and in addition a long list of international philosophers, including A. J. Ayer, C. D. Broad, Ernst Cassirer, Hector Neri Castañeda, Arthur C. Danto, Donald Davidson, Nelson Goodman, R. M. Hare, Carl G. Hempel, Jaakko Hintikka, Saul Kripke, Henry E. Kyburg, Keith Lehrer, Isaac Levi, David Lewis, Gerald MacCallum, Richard Montague, Otto Neurath, (...) Arthur N. Prior, W. V. Quine, Nicholas Rescher, Ernest Sosa, Robert C. Stalnaker, P. F. Strawson, Patrick Suppes, Johan van Benthem, Georg Henrik von Wright and many others. Hempel's confirmation paradoxes, Ross's deontic paradox, Montague's universal grammar and Lindström's theorem are among the contributions to philosophy that were first published in Theoria. (shrink)

Many people, including many egalitarian political philosophers, professa belief in equality while enjoying high incomes of which they devotevery little to egalitarian purposes. The article critically examinesways of resolving the putative inconsistency in the stance of thesepeople, in particular, that favouring an egalitarian society has noimplications for behaviour in an unequal one; that what''s bad aboutinequality is a social division that philanthropy cannot reduce; thatprivate action cannot ensure that others have good lives; that privateaction can only achieve a ``drop in (...) the ocean''''; that private effortis not called for, since justice is a matter for the state to enforce;that private effort cannot remove the fundamental injustice, whichis inequality of power; and that private effort involves an unreasonablylarge psychological burden. (shrink)

Concise and understandable, the book explains pertinent findings of modern neuroscience and describes how consciousness arises in complex brains.

This contemporary, comprehensive, and practical text helps you discover and determine your own guidelines for helping within the broad limits of professional codes of ethics and divergent theoretical positions. This text is the relied-upon, essential text for students in any helping field-the book many students return to well into their professional careers. The authors raise what they consider to be central issues, present a range of diverse views on the issues, discuss their position, and present opportunities for you to refine (...) your own thinking and actively develop your own informed position. Questions explored include: What role do the therapist's personal values play in the counseling relationship? What ethical responsibilities and rights do clients and therapists have? What considerations are involved in adapting counseling practice to diverse client populations? And more... (shrink)

The traditional dispute over whether there are one or two ‘concepts’ of freedom has recently been reignited. Despite this, Isaiah Berlin’s distinction between positive and negative freedom retains a significant amount of influence over academic and popular disputes about freedom, continuing to withstand recent attempts, in Eric Nelson’s words, to ‘lift the shadow’ of Berlin’s famous dichotomy. Berlin’s distinction has traditionally been assailed by two separate schools of thought. One line of argument, propounded by Quentin Skinner and Philip Pettit, has (...) suggested that Berlin’s account includes (at least) one concept of freedom too few. Another line of attack, however, propounded by the likes of Nelson, Efraim Podoksik and Gerald MacCallum, has suggested that, to the contrary, Berlin’s account contains one concept of liberty too many. In this article, I will attempt to clear up this confusing picture by discussing how both of these lines of attack have a role to play in helping to dismantle Berlin’s ultimately misleading account of freedom. In the second half of the article, I then go on to explore the implications of this for contemporary political theory in the construction of a theory of freedom for modern political communities, discussing how the ‘spectrum’ of liberty I explore in the first half leads, naturally, to a social model of individual liberty. (shrink)

This paper develops a stronger version of ‘inference-to-the-best explanation’ scientific realism. I argue against three standard assumptions of current realists: realism is confirmed if it provides the best explanation of theories’ predictive success ; the realist claim that successful theories are always approximately true provides the best explanation of their success ; and realists are committed to giving the same sort of truth-based explanation of superseded theories’ success that they give to explain our best current theories’ success. On the positive (...) side, I argue that the confirmation of realism requires explaining theories’ explanatory success, not just their predictive success ; in turn this task requires a richer realist model of explanation that brings into the explanans both successful theories’ epistemic virtues and the standards governing these virtues, as well as truth; this richer realist model is further confirmed because it can better explain the success of theories in gaining wide acceptance among scientists; and the model is further supported because it is superior to ‘preservative realism ’ in providing a plausible rebuttal of the pessimistic meta-induction from the many past successful-but-false theories to the like- lihood that our best current theories are likewise false. (shrink)

The article responds to an influential critique of the view that there is a conceptual distinction between kinds of liberty. The critique in question began with Gerald MacCallum Jr’s famous argument that liberty is a single concept that has a triadic structure between agent, constraint, and end. Against this view, the article argues that the triadic structure offered by MacCallum is unable to conceptualize a particular distinct understanding of liberty. Following Charles Taylor, the article defends the view (...) that there is a distinct ‘exercise-concept’ of liberty that the triadic structure cannot account for. In support of this claim, the article contests a recent argument that an exercise-concept of liberty can be conceptualized in terms of the triadic structure. The article argues that the triadic framework can only conceptualize an exercise-concept of liberty at the cost of abandoning the substance of that framework. To defend this, the article explains that the triadic structure and an exercise-concept are basically conceptually distinct in virtue of the fact that the former embodies a ‘static’ concept, whereas the latter embodies a ‘dynamic’ one. To complete the argument that an exercise-concept is a distinct concept of liberty, the article articulates a common theme that unifies both the triadic structure and an exercise-concept as concepts of liberty. (shrink)

Business people often consider spirituality a means of increasing integrity, motivation and job satisfaction. Yet certain spiritualities are superficial and unstable. Religion gives depth and duration to a spirituality, but may also sew divisiveness. A spirituality's ability to develop good moral habits provides a positive test of the "appropriateness" of that spirituality for business. Many successful business executives demonstrate a spirituality that does develop good moral habits.

In this essay, I criticize Laudan's view that methodological rules in science are best understood as hypothetical imperatives, for example, to realize cognitive aim A, follow method B. I criticize his idea that such rules are best evaluated by a naturalized philosophy of science which collects the empirical evidence bearing on the soundness of these rules. My claim is that this view yields a poor explanation of (1) the role of methodological rules in establishing the rationality of scientific practices, (2) (...) the debates scientists have over rival methodological rules, and (3) the reasons on the basis of which scientists actually embrace, challenge, or transform methodological rules. A better explanation is provided by treating at least some methodological rules as foundational standards of theory-appraisal which define the criteria of scientific truth, knowledge, evidence, proof, explanations, etc., for a certain tradition or community of scientific practice. Such standards are in turn grounded or challenged on the basis of their coherence or incoherence with a wider body of scientific judgments. This view leads away from a naturalized philosophy of science back to its more classical epistemological conception. (shrink)

In this book Gerald Holton takes an opposing view, illuminating the ways in which the imagination of the scientist functions early in the formation of a new ...

Under free institutions the exercise of human reason leads to a plurality of reasonable, yet irreconcilable doctrines. Rawls's political liberalism is intended as a response to this fundamental feature of modern democratic life. Justifying coercive political power by appeal to any one (or sample) of these doctrines is, Rawls believes, oppressive and illiberal. If we are to achieve unity without oppression, he tells us, we must all affirm a public political conception that is supported by these diverse reasonable doctrines. The (...) first part of this essay argues that the free use of human reason leads to reasonable pluralism over most of what we call the political. Rawls's notion of the political does not avoid the problem of state oppression under conditions of reasonable pluralism. The second part tries to show how justificatory liberalism provides (1) a conception of the political that takes seriously the fact that the free use of human reason leads us to sharply disagree in the domain of the political while (2) articulating a conception of the political according to which the coercive intervention of the state must be justified by public reasons. (shrink)

The evidence of blindsight is occasionally used to argue that we can see things, and thus have perceptual belief, without the distinctive visual awareness accompanying normal sight; thereby displacing phenomenality as a component of the concept of vision. I maintain that arguments to this end typically rely on misconceptions about blindsight and almost always ignore associated visual (or visuomotor) pathologies relevant to the lessons of such cases. More specifically, I conclude, first, that the phenomena very likely do not result from (...) dissociations within a single system, but from the interaction of evolutionarily distinct, if interacting, systems; second, that a closer study of spared motor abilities indicates that verbal responses of patients result not from degraded vision but from proprioception; and, finally, above chance verbal responses, being forced guesses, are not tentative beliefs and cannot become beliefs just by training patients to have more confidence in their responses. (shrink)

In virtue of its form [‘I am here’] must be true on any occasion on which [it is] asserted, and yet the proposition it expresses on each occasion [is] contingent. Intuitively, [‘I am here now’] is deeply, and in some sense universally, true. One need only understand the meaning of [it] to know that it cannot be uttered falsely. The sentence ‘I am here’ has the peculiar property that whenever I utter it, it is bound to be true. Even if (...) I am lost and do not know where I am, I can bravely say ‘I am here’, and know that I am expressing a truth. (shrink)

Some of the most difficult and wrenching social and political issues in U.S. society today are about the relationship between strongly held moral values and the laws of the land. There is no consensus about whether the law should deal with morality at all, and if it is to do so, there is no agreement over whose morality is to be reflected in the law.In this compact and carefully edited anthology, Gerald Dworkin presents the readings necessary for an understanding (...) of these issues. The volume contains classical and contemporary philosophical statements as well as a generous sampling of legal cases and opinions, including such topics of current interest as flag-burning, nude dancing, the sale of human organs, and sexual behavior. The volume represents the best in applied legal and moral philosophy. (shrink)

I INTRODUCTION - THE TOPIC EXPLAINED 1 GENERAL DIFFERENCES From its inception to the present, philosophy may be viewed as a series of struggles between ...

The moral issues involved in doctors assisting patients to die with dignity are of absolutely central concern to the medical profession, ethicists, and the public at large. The debate is fuelled by cases that extend far beyond passive euthanasia to the active consideration of killing by physicians. The need for a sophisticated but lucid exposition of the two sides of the argument is now urgent. This book supplies that need. Two prominent philosophers, Gerald Dworkin and R. G. Frey present (...) the case for legalization of physician-assisted suicide. One of the best-known ethicists in the US, Sissela Bok, argues the case against. (shrink)

David lyons has recently argued that mill's ethics is an alternative to both act and rule utilitarianism. In the first part of this paper I argue that lyons makes mill out to be far too much of a rule utilitarian. The second part of the article then provides an account of mill's theory of moral rules based on an analysis of the four functions rules serve in his ethics. On this reading mill's theory is a hybrid of act and rule (...) utilitarianism: violation of a moral rule is a necessary but not a sufficient condition for wrongdoing. (shrink)

In public debates over biotechnology, theologians, philosophers, and political theorists have proposed that biotechnology could have significant implications for human nature. They argue that ethical evaluations of biotechnologies that might affect human nature must take these implications into account. In this book, Gerald McKenny examines these important yet controversial arguments, which have in turn been criticized by many moral philosophers and professional bioethicists. He argues that Christian ethics is, in principle, committed to some version of the claim that human (...) nature has normative status in relation to biotechnology. Showing how both criticisms and defences of this claim have often been facile, he identifies, develops, and critically evaluates three versions of the claim, and contributes a fourth, distinctively Christian version to the debate. Focusing on Christian ethics in conversation with secular ethics, McKenny's book is the first thorough analysis of a controversial contemporary issue. (shrink)