The obligation of a court to follow the law of a superior court is commonly taken to be stronger than the obligation of the higher court to respect its own precedent. The Supreme Court has recently asserted this stronger obligation in the most forceful terms. What follows is an attempt to demonstrate that this is wrong as a matter of policy and as a matter of law.

Greta Gaard, Tucson, AZ, The University of Arizona Press, 2007, ix +211 pp., paper, $17.95, ISBN: 978-0-8165-2576-8 Roger Paden, Lanham, MD, Lexington Books, 2007, xiii +209 pp., paper, $26.95, ISB...

The American Constitution held out the hope that ordinary people were capable of deciding their own fates, and in doing so it immeasurably elevated the dignity of common people. The organization and interplay of the parts that comprise the whole American government exist to provide people the opportunity to govern themselves and, at the same time, reveal the limits of democratic self-rule. The forgetting of these limits is not only destructive to the constitution but the nation as a whole.

The inaugural collection in an exciting new exchange between philosophers and geographers, this volume provides interdisciplinary approaches to the environment as space, place, and idea. Never before have philosophers and geographers approached each other's subjects in such a strong spirit of mutual understanding. The result is a concrete exploration of the human-nature relationship that embraces strong normative approaches to environmental problems.

This collection of essays on themes in the work of John Locke , George Berkeley , and David Hume , provides a deepened understanding of major issues raised in the Empiricist tradition. In exploring their shared belief in the experiential nature of mental constructs, The Empiricists illuminates the different methodologies of these great Enlightenment philosophers and introduces students to important metaphysical and epistemological issues including the theory of ideas, personal identity, and skepticism. It will be especially useful in courses (...) devoted to the history of modern philosophy. (shrink)

This book assesses how Vatican II opened up the Catholic Church to encounter, dialogue, and engagement with other world religions. Opening with a contribution from the President of the Pontifical Council for Interreligious Dialogue, Cardinal Jean-Louis Tauran, it next explores the impact, relevance, and promise of the Declaration Nostra Aetate before turning to consider how Vatican II in general has influenced interfaith dialogue and the intellectual and comparative study of world religions in the postconciliar decades, as well as the contribution (...) of particular past and present thinkers to the formation of current interreligious and comparative theological methods. Additionally, chapters consider interreligious dialogue vis-à-vis theological anthropology in conciliar documents; openness to the spiritual practices of other faith traditions as a way of encouraging positive interreligious encounter; the role of lay and new ecclesial movements in interreligious dialogue; and the development of Monastic Interreligious Dialogue. Finally, it includes a range of perspectives on the fruits and future of Vatican’s II’s opening to particular faiths such as Judaism, Islam, Hinduism, and Buddhism. (shrink)

Philosophy written in English is overwhelmingly analytic philosophy, and the techniques and predilections of analytic philosophy are not only unhistorical but anti-historical, and hostile to textual commentary. Analytic usually aspires to a very high degree of clarity and precision of formulation and argument, and it often seeks to be informed by, and consistent with, current natural science. In an earlier era, analytic philosophy aimed at agreement with ordinary linguistic intuitions or common sense beliefs, or both. All of these aspects of (...) the subject sit uneasily with the use of historical texts for philosophical illumination. In this book, ten distinguished philosophers explore the tensions between, and the possibilities of reconciling, analytic philosophy and history of philosophy. Contributors: M. R. Ayers, John Cottingham, Daniel Garber, Gary Hatfield, Anthony Kenny, Steven Nadler, G. A. J. Rogers, Tom Sorell, Catherine Wilson, Yves Charles Zarka. (shrink)

A chapter in the book, Philosophies of Place: An Intercultural Conversation, edited by Peter D. Hershock and Roger T. Ames, and published by University of Hawaii Press. In this chapter I present a phenomenological ontology of place vis-a-vis horizon and also alterity (otherness), discussing related themes in Heidegger, Kitaro Nishida, Shizuteru Ueda, Otto Bollnow, Karl Jaspers, Ed Casey, Günter Figal, Bernhard Waldenfels, and others. Wherever we are we are implaced, delimited in our being-in-the-world constituted by a horizon that implaces us, (...) not only literally but semantically and ontologically. Whether we take place in its semantic sense or as ontological, I underscore its duplicity—taking off from Ueda Shizuteru’s concept of two-fold being-in-the-world—as on the one hand demarcating a realm of determinacy, our ontological finitude or our social imaginary world, and on the other hand through its horizonal nature as pointing to an indeterminacy or exteriority that demarcates or delimits that realm, finitizing us. That latter may be characterized as an excess irreducible to semantic or ontological determination or as a nothing or a-meaning. Hence place with its horizon implies the interface of meaning and a-meaning, nomos and anomy, principles and anarché, in Nishidian terms being and the nothing (mu), in Heideggerian terms unconcealment and concealment or world and earth. Thus the horizon that constitutes place entails both finitude and openness, allowing for alterity and alteration, whereby the determinations within place are never fixed, secure, or guaranteed. In demarcating a place, the horizon always points to a yonder beyond the place, its other. In its very contact with the unassmilable or irreducible, the line of demarcation is itself thus unpredictable in its fluctuations. The place determined within the nothing or the clearing of unconcealment amidst the concealed will thus always be provisional despite any appearance or claims to the contrary. Its determination is indeterminate. (shrink)

Rawls and Schmitt are often discussed in the literature as if their conceptions of the political had nothing in common, or even referred to entirely different phenomena. In this essay, I show how these conceptions share a common space of reasons, traceable back to the idea of public reason and its development since the Middle Ages. By analysing the idea of public reason in Rawls and in Schmitt, as well as its relation to their theories of political representation, I show (...) in what way Schmitt's concept of the political cannot be divorced from an idea of justice, while, conversely, Rawls' conception of justice cannot be divorced from a theory of the political. In that way this paper thematizes the internal relation that each theory establishes between justice and power, deliberation and decision, and consensus and disagreement. (shrink)

These days, science is everywhere. It pervades our whole society. Sometimes it is just a clutter of commonplace frivolities, like new fashion fabrics. Sometimes it miraculously preserves our life, like penicillin. Sometimes, like climate change, it looms over us as a portent of doom: sometimes it promises a way of escape from such a fate. Sometimes, like a nuclear warhead, it enshrouds us in political terror: sometimes, like a verification technology, it offers an antidote to such evils. How should we (...) respond to this ambiguous and ubiquitous thing called science? (shrink)

Controversies about optimality models and adaptationist methodologies have animated the discussions of evolutionary theory in recent years. The sociobiologists, following the lead of E. O. Wilson, have argued that if Darwinian natural selection can be reliably expected to produce the best possible type of organism - one that optimizes the value of its genetic contribution to future generations - then evolution becomes a powerfully predictive theory as well as an explanatory one. The enthusiastic claims of the sociobiologists for the predictability (...) and applicability that the optimalist approach engenders have been met with severe criticism by Richard C. Lewontin, Stephen Jay Gould, and other biologists and philosophers of biology. These original essays take up both sides of the controversy over the role of optimality models in evolutionary biology, providing a refreshingly insightful and balanced discussion of optimality issues by an interdisciplinary group of leading philosophers of biology, biologists, psychologists, anthropologists, and an economist. They focus on the current state of adaptationist and optimalist methodology in evolutionary theory, and on the possibility of extending such methodology to the human sciences, especially those of psychology and anthropology. Introduction / John Dupre -- Part 1. Methodological questions. Simple models of complex phenomena: the case of cultural evolution / Peter J. Richerson and Robert Boyd -- Natural selection and the null hypothesis / John Beatty -- Why not the best? / Philip Kitcher -- Part 2. Evolution and optimality. What is adaptationism? / Elliot Sober -- How to model evolution / John Maynard Smith -- Comments on Maynard Smith’s "How to Model Evolution" / Elliot Sober -- Reply to Sober / John Maynard Smith -- The shape of optimality / Richard C. Lewontin -- Part 3. Applications. Evolutionary ecology and the optimality assumption / John M. Emlen -- Optimality theory and behavior / John E.R. Staddon -- Part 4. Applications to human behavior. Optimization theory in anthropology: applications and critiques / Eric Alden Smith -- Evolution of a mesh between principles of the mind and regularities of the world / Roger N. Shepard -- From evolution to behavior: evolutionary psychology as the missing link / Leda Cosmides and John Tooby -- On the emotions as guarantors of threats and promises / Jack Hirschleifer -- Human kinds / John Dupre. (shrink)

"Sovereignty or submission: Restoring national identity in the spirit of liberty," a symposium organized by The New Criterion and the Center for American Greatness, took place on October 16, 2019, in Washington, D.C. Participants were Michael Anton, David Azerrad, Chris Buskirk, Tucker Carlson, Angelo M. Codevilla, John Fonte, Pascal-Emmanuel Gobry, Victor Davis Hanson, Roger Kimball, Daniel McCarthy, Balázs Orbán, John O'Sullivan, James Piereson, and Kiron Skinner. Discussion revolved around earlier versions of the essays presented in this book.

"Sovereignty or submission: Restoring national identity in the spirit of liberty," a symposium organized by The New Criterion and the Center for American Greatness, took place on October 16, 2019, in Washington, D.C. Participants were Michael Anton, David Azerrad, Chris Buskirk, Tucker Carlson, Angelo M. Codevilla, John Fonte, Pascal-Emmanuel Gobry, Victor Davis Hanson, Roger Kimball, Daniel McCarthy, Balázs Orbán, John O'Sullivan, James Piereson, and Kiron Skinner. Discussion revolved around earlier versions of the essays presented in this book.

The story of the end of the Philosophical Society of Edinburgh in 1783, is linked with that of the founding of the Society of Antiquaries of Scotland and the Royal Society of Edinburgh , both of which were given Royal Charters sealed on 6 May 1783. It is a story which has been admirably told by Steven Shapin. He persuasively argued that the P.S.E. was a casualty of bitter quarrels rooted in local Edinburgh politics, in personal animosities and in disputes (...) about the control of cultural property and intellectual leadership. In all this he was surely correct just as he was in finding the principal actors in this controversy to be: David Erskine, 11th Earl of Buchan; the Reverend Dr John Walker, Professor of Natural History in Edinburgh University; Dr William Cullen, Professor of the Theory and Practice of Medicine and Vice-President of the P.S.E.; Mr William Smellie, Printer to the Society of Antiquaries; Henry Home, Lord Kames, S.C.J. and President of the P.S.E.; Sir George Clerk-Maxwell, Vice-President of the P.S.E.; John Robison, Professor of Natural Philosophy and Secretary to the P.S.E.; Edinburgh University's Principal, William Robertson; the Curators of the Advocates Library: Ilay Campbell, Robert Blair, Alexander Abercromby, Alexander Fraser Tytler, Professor of Public Law; Henry Dundas, Lord Advocate and M.P. for Midlothian. In a peripheral way, the Royal Colleges of Physicians and Surgeons were probably also involved; so too were Lord Buchan's brothers, Henry and Thomas Erskine, Foxite Whigs who opposed Dundas politically. Henry Erskine displaced Dundas as Lord Advocate in August 1783. After the change of ministry on 18 December 1783 he was ousted, but became Dean of the Faculty of Advocates in 1785. National as well as burgh politics touched these disputes and gave the parties of the Erskines and Dundas and his friends some leverage in London. (shrink)

Art v. aestheticism : the case of Walter Pater -- The importance of T.E. Hulme -- A craving for reality : T.S. Eliot today -- Wallace Stevens : metaphysical claims adjuster -- The permanent Auden -- The first half of Muriel Spark -- The qualities of Robert Musil -- James Fitzjames Stephen v. John Stuart Mill -- The legacy of Friedrich Nietzsche -- The world according to Satre -- The perversions of Michel Foucault -- The anguishes of E.M. Cioran (...) -- The trivialization of outrage -- "The two cultures" today -- Frances Fukuyama and the end of hisory -- Josef Pieper : leisure and its discontents. (shrink)

This paper analyses the activities of five organizations shaping the debate over the global governance of genome editing in order to assess current approaches to public engagement (PE). We compare the recommendations of each group with its own practices. All recommend broad engagement with the general public, but their practices vary from expert-driven models dominated by scientists, experts, and civil society groups to citizen deliberation-driven models that feature bidirectional consultation with local citizens, as well as hybrid models that combine elements (...) of both approaches. Only one group practices PE that seeks community perspectives to advance equity. In most cases, PE does little more than record already well-known views held by the most vocal groups, and thus is unlikely to produce more just or equitable processes or policy outcomes. Our exploration of the strengths, weaknesses, and possibilities of current forms of PE suggests a need to rethink both “public” and “engagement.”. (shrink)

In his very convincing and lucid treatise on the fundamental principles of art, John W. Beatty gives us a most absorbing theme to follow-the relation of art to nature, as expressed in their own words by artists themselves, of different times and creeds; with, too, the opinions of philosophers and men of letters.

In lieu of an abstract, here is a brief excerpt of the content:Notes and Discussions :REFLECTIONS ON THE HISTORY OF SCIENCE Every discipline worthy of a name deserves to be criticized periodically, asked to explain its objects and assess its march. The history of science is no exception. Indeed, criticism at this juncture should be all the more welcomed since the subjcct has now won its place in the curriculum of Anglo-Saxon educational institutions, particularly in the United States where Ph.D. (...) program offerings are multiplying almost faster than students. 1 The pioneering days of the 1930's and 1940's are past--if not totally forgotten--and men of the "second generation" like myself who received their training in the 1950's will gain much from having their methodological presuppositions questioned. Curiously enough, there has been little discussion of this kind in print for the last decade, with the exception of articles published in Poland and Russia, where the discipline is passing through its own pioneering crisis.2 In the West, the older debates stirred up largely by British Marxists are nowadays generally disregarded and have had surprisingly little productive effect upon the field. Within the last few years, the most effective methodological discussions have stemmed from Karl Popper and his generally brilliant lot of disciples. Dr. Joseph Ag~ssi, now Associate Professor of Philosophy at the University of Illinois and a member of this group, recently wrote a deliberately provocative essay entitled "Towards an historiography of science." a Agassi begins it with the arresting statement that the study of the history of science is "in a lamentable state" and ends with the implicit suggestion that an examination of the historiography of science is one of the most revealing ways to discover the discipline's failings. For Agassi, it is clear that the root of the historian's problems has been a false set of philosophical premises about the nature of science, and of its history as well. He finds that the discipline has suffered from two diseases named "inductive philosophy " and "conventionalist philosophy," for which there is a major new panacea, Popper's "critical philosophy of science." This refreshingly straightforward argument provides the essay with a ready-made structure, at the same time as it infuses it throughout with a polemical tone. Because of this tone and because of the importance of Agassi's message, he deserves to be answered. On one subject, I cannot agree more with Agassi--the need for a critical examination of the hisComell, Harvard, and the University of Wisconsin have a long-standing tradition of graduate study in the history of science. In the last few years, they have been joined by: the Case IImtitute of Technology; Indiana; Johns Hopkins; M.I.T.; Princeton ; the Universities of California (Berkeley and U.C.L.A.), Kansas, Oklahoma, Pennsylvania, and Washington; and Yale. Profeasor Duane Roller of Oklahoma has prepared a report on the present state of teaching of the history of science in the United States. 2Abstracts of the discussions can be found in the Bulletin signalgtique : Philosophie. Sciences humaines of the French Centre National de la Recherche Scientifique. See especially Kwartalnik Historii Nauki i Techniki u (1962), special issue; and Organon (1964), no. 1. 8History and Theory. Studies in the philosophy o] history, Beiheft 2 (The Hague: Mouton & Co., 1963),117pp. [235] 236 HISTORY OF PHILOSOPHY toriography of science. On the other hand, his interpretation of the way history of science has and is being written seems more like a misinformed caricature than a sincere effort to understand the past in all its complexity. But let us first examine his discussion of "inductivism," "conventionalism," and "Popperianism." Inductivists or Baconians---he uses the terms interchangeably--write history the way they insist science itself has developed. Just as they assume scientific theories to have emerged from the collection of evidence, they expect that the piling up of historical facts strung along a time-axis adds up to history. As Agassi sagely observes, historians of science, like other induetivists, delude themselves into the belief that such an approach guards them from subjectivity and prejudice. To be sure, philosophers since Kant have known that such naive empiricism is in fact fundamentally misleading, for even the most ardent Baconian has... (shrink)

The article aims to show the value of taking ecclesiology – the theology of the church – into account in the study of British imperial ideology by describing how Anglican intra-ecclesiological debates shaped mid-nineteenth-century discourse about the British Empire. It highlights the impact of the Oxford Movement on the mind of the British colonial administrator Sir Frederic Rogers, Lord Blachford (1811-1889), by revealing the connections between his imperial thought and concepts arising from Tractarian ecclesiology. In particular, it argues that (...) Rogers’ understanding of British colonial development builds on Tractarian ideas of balance and consistency. By retaining a sense of the importance of the historic connection with the colonies of settlement while respecting their right to be free, Rogers constituted the imperial relationship as a _ via media. _. (shrink)

Michael Huemer has argued for the justification principle known as phenomenal conservativism by employing a transcendental argument that claims all attempts to reject phenomenal conservativism ultimately are doomed to self-defeat. My contribution presents two independent arguments against the self-defeat argument for phenomenal conservativism after briefly presenting Huemer’s account of phenomenal conservativism and the justification for the self-defeat argument. My first argument suggests some ways that philosophers may reject Huemer’s premise that all justified beliefs are formed on the basis of seemings. (...) In the second argument I contend that phenomenal conservativism is not a well-motivated account of internal justification, which is a further reason to reject the self-defeat argument. Consequently, the self-defeat argument fails to show that rejecting phenomenal conservativism inevitably leads one to a self-defeating position. (shrink)