Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

Mandeville writes that it was said of Montaigne “that he was pretty well vers’d in the Defects of Man-kind, but unacquainted with the Excellencies of human Nature,” adding, “If I fare no worse, I shall think my self well used.” Mandeville transformed Montaigne’s suggestion into a methodology for his systematic attempt to “anatomize the invisible Parts of Man”. His tale of “the grumbling hive,” and his extensive commentary on it, were designed to demonstrate that “if Mankind could be cured of (...) the Failings they are Naturally guilty of, they would cease to be capable of being rais’d into such vast, potent and polite Societies, as they have been”. (shrink)

Nowhere has H.L.A. Hart's influence on philosophical jurisprudence in the English-speaking world been greater than in the way its fundamental project and method are conceived by its practitioners. Disagreements abound, of course. Philosophers debate the extent to which jurisprudence can or should proceed without appeal to moral or other values. They disagree about which participant perspective—that of the judge, lawyer, citizen, or “bad man”—is primary and about what taking up the participant perspective commits the theorist to. However, virtually unchallenged is (...) the view that jurisprudence is fundamentally interpretive or “hermeneutic”; that it takes for its subject a certain kind of social practice, constituted by the behavior and understandings of its participants; that its task is to explain this practice and its relations to other important social practices; and that it can properly be explained only by taking full account of participant understandings. It is, perhaps, some measure of the hegemony of Hart's influence that Ronald Dworkin mounts his fundamental challenge to Hart's positivism squarely from within this jurisprudential orthodoxy. Dworkin may have exceeded the limits of the method as Hart conceived it, but, as Stephen Perry has argued, “the seeds of Dworkin's strong version of inter-pretivism were sown by Hart himself.”. (shrink)

The thesis of this essay is that social conventions of the kind Lewis modeled are generated and maintained by a form of practical reasoning which is essentially common. This thesis is defended indirectly by arguing for an interpretation of the role of salience in Lewis’s account of conventions. The remarkable ability of people to identify salient options and appreciate their practical significance in contexts of social interaction, it is argued, is best explained in terms of their exercise of what I (...) call “salience reasoning,” a form of common practical reasoning. The more widely accepted understanding of salience competence, the “natural salience” understanding, fails as an interpretation of the notion at work in Lewis and Schelling (on whom Lewis relied) and is inadequate as an explanation of salience competence. (shrink)

This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.

This article consists of an annotated edition and translation of a previously unpublished Latin letter to G. J. Vossius from Christianus Ravius, refuting the accusation made by Johann Seyffert in his pamphlet attacking Grotius, Classicum Belli Sacri adversus Hugonem Grotium Papistam , that Grotius, while representative of the Swedish government in Paris, had advised Ravius to convert to Catholicism. The historical introduction outlines the details of and probable reasons for Seyffert's published attacks on Grotius, Grotius's attitude towards those attacks , (...) and the implications for his relationship with the Swedish government and Baron von Degenfeld, commander of the German Protestant mercenary soldiers in the service of the French crown. It also recounts what is known of Ravius's stay in Paris during which he met Grotius, and raises the question why Ravius delayed making a response to Seyffert until well after Grotius was dead. (shrink)

Catholic moral theology possesses a number of tools that can be employed to promote worker justice. Some of these tools, such as Catholic social teaching on solidarity and workers’ rights, have been used to this end before. However, advocates of workers’ rights have seldom utilized other concepts, such as cooperation in evil, scandal, and evangelization. This essay provides a theoretical introduction to several tools in the “toolkit” of Catholic ethicists, engaging contemporary scholarship on them. It then applies the concepts to (...) two cases in order to demonstrate their usefulness in the struggle for worker justice. Both cases involve Catholic universities, which means the ethical concepts introduced from the Catholic moral tradition should have normative status for these institutions. The first case entails a divestment campaign at the University of Notre Dame. The second case confronts the unjust treatment of adjunct faculty members at Catholic colleges and universities. (shrink)

Is there such a thing as "business ethics?" Author Gerald J. Williams compellingly answers this question in Ethics in Modern Management. Though he agrees that greed and self-interest are at work in the business environment, he also notes that they can be found in just about every area of human endeavor, and it is a fallacy to think that one can justify these vices simply because one operates in the business environment, where such behavior might be more readily condoned. (...) But the book does not stop at establishing the faulty logic behind the "business ethics" concept. It is also designed to help managers with the process of education and moral reflection by describing three approaches to morality--cultural moral relativism, utilitarianism, and Thomistic natural law--and showing how each approach attempts to solve real-life ethical conflicts in the business world. (shrink)

Law bends the past of a community's common life towards its future. Precedent is one of law's favored tools for doing the bending, and legal systems that assign precedent a starring role seem especially mindful of time. Yet, mindfulness of time goes far deeper into law's DNA. It is not limited to the doctrine of precedent or unique to common‐law jurisdictions. Recognizing that time is an elemental dimension of human experience and basic ordering principle of practical agency, law utilizes and (...) orders time. Temporality is essential to law's distinctive mode of governance and guidance. (shrink)

‘A fool sees not the same tree that the wise man sees’, so wrote William Blake in his enigmatic ‘Proverbs of Hell’.1 Of course, in one sense, the wise man and the fool see the same tree – they dire...

Much of Grünbaum's work may be regarded as a careful development and systematic elaboration of the Riemann-Poincaré thesis of the conventionality of congruence, the thesis that the continuous manifolds of space, time, and space-time are intrinsically metrically amorphous, i.e. are devoid of intrinsic metrics. Therefore, to appreciate Grünbaum's philosophical contributions, one must have a clear understanding of what he means by an intrinsic metric. The second and fourth sections of this paper are exegetical; in them we try to piece together, (...) from his sundry remarks about intrinsic metrics, what Grünbaum means by the term 'intrinsic metric.' We shall argue that, the customary carefulness and precision of Grünbaum's writings notwithstanding, there are residual unclarities and difficulties which beset his conception of an intrinsic metric. In the fifth section we shall propose an explication of Grünbaum's notion of an intrinsic metric which seems on the whole faithful to Grünbaum's intuitions and insights and which also seems capable of performing the philosophical services which his work demands of that notion. The third section is a digression on Zeno's metrical paradox of extension. (shrink)

The consumerist elevation of wants into needs requires the elevation of ethical relativism into the status of a "dogma." Collectivism and individualism are the two faces of this dogma and require the uneasy mediation of the claims of utilitarianism and romanticism. The historical and philosophical backdrop for this mediation is suggested with reference to Aristotle, Aquinas, Kant, J.S. Mill, De Tocqueville, and Oakeshott.

Kant argues that the “discipline” of reason holds us topublicargument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for reason's authority (...) in all the provinces that rational beings inhabit. (shrink)

Four progressively ambitious systems of modal propositional logic are set forth, together with decision procedures. The simultaneous employment of parenthesis notation and parenthesis-free notation, the dual use of symbols as primitive and defined, and the introduction of a new modal operator (the truth operator) are the principal devices used to effect the development of these logics. The first two logics turn out to be "the same" as two of von Wright's systems.

Bentham belongs to a long tradition of reflection on law according to which the nature of law can best be understood in terms of its distinctive contribution to the solution of certain deep and pervasive problems of collective action or collective rationality. I propose to take a critical look at Bentham's unique and penetrating contribution to this tradition. For this purpose I will rely on the interpretation of the main lines of Bentham's jurisprudence and its philosophical motivations which I have (...) developed inBentham and the Common Law Tradition. will not attempt further to defend it here. I wish, rather, to reflect on themes and arguments which this interpretation of Bentham's jurisprudence has uncovered. (shrink)

Some kinds of “fake news” bits on Saturday Night Live (SNL) become more meaningful when linked back to the work of media theorist Neil Postman. Postman's best‐known book, Amusing Ourselves to Death: Public Discourse in the Age of Show Business, argues that TV journalism will inevitably reflect the influences and biases of television itself. The result is an entertaining but incoherent stream of “disinformation” in a “peek‐a‐boo world” of unfocused and shallow discussion. Using Postman's arguments for structure and support here, (...) this chapter explores similar concerns reflected in the satirical news reporting of SNL. It shows that “Weekend Update” and other such pieces can ground key lessons that help us navigate our increasingly complex media environment, a point that Postman himself considers in his book's closing pages. As our media environment continues to change, it becomes helpful to see Postman's thesis as a valuable philosophical insight, and one that SNL's comedy can illustrate quite effectively. (shrink)

This paper reviews goals, content materials, and other essential elements of a new, experimental philosophy course on the built environment of cities now being developed in Buffalo, New York. Applying traditional philosophical methods, the course adds experiential components and expands philosophy’s scope in ways that promote deep learning about the city. A model unit on the work of Frederick Law Olmsted receives special attention here, as Olmsted’s work in Buffalo and elsewhere invites philosophical treatment—analysis, critical examination, and so on—from scholars, (...) students, and city residents alike. We shall see that the distinctive character of philosophy can encourage teaching in new areas where philosophical study might promote learning and understanding, thus inspiring curricular innovation and a wide range of powerful student learning experiences. (shrink)

Gerald Postema presents the collected writings on legal, political, and moral theory of a key thinker of the 17th century, Sir Matthew Hale. Hale develops a unique and sophisticated account of the nature and foundations of common law, with extended reflections on natural law, moral and legal reasoning, and the legal limits of political authority.

Gadamer's attempt to 'rehabilitate tradition' in general clarifies that which theology and the human sciences have in common since he claims that the rehabilitation of tradition is crucial for all human science enquiry. His systematic unfolding of the hermeneutical process described in Truth and Method is discussed under three headings: The meaning of tradition and how the idea of tradition may be rehabilitated; how do we know in the human sciences? and, the nature of theological reflection as part of the (...) human sciences. Gadamer's hermeneutics helps to transcend the antithesis between reason and tradition. It offers a more appropriate way to under stand cultural and historical texts and broadens the purview of the human sciences. It is within this broader understanding of the human sciences that theological reflection comes to itself. S. Afr. J. Philos. Vol.21(4) 2002: 345-358. (shrink)

Author of _The Conservative Mind_, Russell Kirk was a principal architect of the American intellectual conservative movement. This book takes a closer look at his works on such subjects as law, history, economics, and statesmanship to introduce a new generation of readers to the depth and range of his thought. Kirk probed the very meaning of conservatism for modern intellectuals, and in _The Postmodern Imagination of Russell Kirk, _Gerald Russello examines such key concepts of his thought as imagination, historical consciousness, (...) the interplay between the individual and tradition, and the role of narrative in constructing individual and societal identity. By stressing the importance of Kirk’s perception of imagination, he offers a new approach to understanding him, showing not only that Kirk laid the groundwork for the “new conservatism” of the 1950s and ’60s, but also that his work evolved into a sophisticated critique of modernity paralleled in the work of some postmodern critics of liberalism. In order to reconstruct Kirk’s attack on modernity, Russello examines his textbook on economics, his fiction, his work on Robert Taft and Orestes Brownson, his writings on the role of the statesman, and his neglected essays such as “The Age of Discussion” and “The Age of Sentiments.” Russello shows that Kirk welcomed the rise of some form of postmodernism, seeing in it a new opportunity for conservatism to engage the wider culture. Through this analysis, he situates Kirk within wider currents of contemporary thought, connecting him not only with such major thinkers as Lyotard, Boorstin, and Koestler but also with such lesser-known figures as Bernard Iddings Bell, Charles Baudouin, and Christopher Dawson. By examining Kirk’s development of the imagination as a tool of conservative discourse, Russello offers an alternative genealogy for conservative thought that melds its antimodernism with postmodern themes. He has forged a lively and provocative work that provides unusual perspectives on Kirk within the wider context of debate over the future of conservatism in a time of shifting alliances—a book that will be a valuable resource for anyone seeking to understand Kirk or conservative thought. (shrink)

This chapter contains section titled: I Integrity: The Notion II Integrity and Justice III The Public Character of Justice IV Fidelity V Integrity and the Law Acknowledgement.

Rosen argues that Bentham's utilitarian doctrine was sensitive to distributive concerns and would not countenance sacrifice of fundamental individual interests for aggregate gains in happiness in society. This essay seeks to extend and deepen Rosen's argument. It is argued that Bentham's equality-sensitive principle of utility is an expression of an individualist conception of human happiness which contrasts sharply with the orthodox utilitarian abstract conception. Evidence for this interpretation of the basic motivation of Bentham's doctrine is drawn from his view of (...) the relationship between happiness and expectations, from various expressions of his ‘each to count for one’ formula, and from his reformulations of the principle of utility itself late in his career. (shrink)