The combination of rhetoric and philosophy appeared in the ancient world through Cicero, and revived as an ideal in the Renaissance. By a careful and precise analysis of the views of four major humanists-Petrarch, Salutati, Bruni, and Valla—Professor Seigel seeks to establish that they were first of all professional rhetoricians, completely committed to the relation between philosophy and rhetoric. He then explores the broader problem of the "external history" of humanism, and reopens basic questions about Renaissance culture. He departs (...) from the views held by such scholars as Hans Baron and Lauro Martines and expands the conclusions suggested by Paul Oskar Kristeller. The result is a stimulating, controversial study that rejects some of the claims made for the humanists and indicates achievements and limitations. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Theories, Technologies, Instrumentalities of Color is the outcome of a workshop, held in Leuven, Belgium, in May 2000.

The combination of rhetoric and philosophy appeared in the ancient world through Cicero, and revived as an ideal in the Renaissance. By a careful and precise analysis of the views of four major humanists-Petrarch, Salutati, Bruni, and Valla—Professor Seigel seeks to establish that they were first of all professional rhetoricians, completely committed to the relation between philosophy and rhetoric. He then explores the broader problem of the "external history" of humanism, and reopens basic questions about Renaissance culture. He departs (...) from the views held by such scholars as Hans Baron and Lauro Martines and expands the conclusions suggested by Paul Oskar Kristeller. The result is a stimulating, controversial study that rejects some of the claims made for the humanists and indicates achievements and limitations. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

The fundamentals of Kahn's architectural philosophy begin with his personal history: his inherent talent; his family background and childhood experiences; his education, from elementary school through architectural school; the influences of Paul Philippe Cret and Beaux Arts architecture; and his travels, especially those to study the antique monuments of Egypt, Greece, and Rome. Because the causal aspects of these experiences were absorbed by him, rather than being the products of Kahn's own thinking, he rarely acknowledged them. His conclusions led (...) to a philosophy that echoed some of the thoughts of earlier philosophers, like Spinoza and Heidegger, but were arrived at independently.1 Kahn expressed his philosophy in lectures, seminars, writings, interviews, conversation, and often through sketches. However, he habitually expressed himself elliptically-his phrasing poetic, his metaphors original and apt. Therefore, his meaning was often felt rather than understood. Extensive studies of Louis Kahn's architecture exist, but few focus on his fully developed architectural philosophy.2 This text addresses that subject, incorporating his own words (in italics) and relating them where relevant to his final work, the Yale Center of British Art (hereafter, "the Center"). Kahn died during the construction of the building, the last material expression of his architectural philosophy. I was the first director of the Center, a participant in the selection of the architect and throughout the building's planning and creation. Coincidental with the early years of Kahn's planning for the Center, two young architectural historians-John Cook and Heinrich Klotz-interviewed several leading architects, including Kahn. Working with a verbatim transcript of the Kahn interviews, made by Karen Denavit, I produced an edited version of the interviews in book format. Louis I. Kahn in Conversation: Interviews with John W. Cook and Heinrich Klotz (hereafter, "Kahn in Conversation") is the source for many of the Kahn quotations included here. A researcher can consult the full, verbatim transcript of the interviews in the Center's Institutional Archives, in the Manuscripts and Archives collections in Sterling Memorial Library at Yale University, and in the Architectural Archives of the University of Pennsylvania. (shrink)

I here focus on two debates about the conditions for self-governance. In one, the metaphysical debate, theorists are concerned with the potential threat that causal determinism poses to self-governance. In another, the relational debate, theorists are concerned with the potential threat that certain social conditions—especially those that are oppressive to certain social groups—pose to self-governance. MacKenzie and Stoljar have suggested (2000) that the concerns of these two debates do not intersect. In this chapter, I draw out the connections between the (...) two debates, arguing that certain views in the relational debate are in tension with certain commitments in the metaphysical debate. I look at a relational condition for autonomous agency from Paul Benson (1994), extrapolate from the cases discussed by Langton (1993) in the literature on speech acts some relational conditions for autonomous action, and examine the formulation of relational conditions for autonomous choice (Stoljar 2000). I argue that each of these views sits in tension with positions in the metaphysical debate (hard determinism, libertarianism, and (more broadly) incompatibilism, respectively). Thus the concerns of the two debates do intersect. Moreover, if these tensions cannot be resolved, then the relational debate brings to bear important considerations in assessing the plausibility of the views in the metaphysical debate. (shrink)

Jacques Derrida offers his recent commentary on the early career of Paul de Man as an urgent intervention in a discussion he fears is going awry. The most pressing danger he sees in the recent revelations is that they have played into the hands of de Man’s antagonists, who are now ready to denounce the whole of his career and even deconstruction itself. Against such indiscriminate critiques Derrida hurls the epithet: totalitarian. He is attempting to reseize the initiative in (...) the discussion and to reset the terms of the debate. His agenda extends across historical, theoretical, and political questions.He wants to affirm that a radical, indeed absolute break separates the later from the earlier de Man. He also wants to show that the young de man, however firmly committed to fascist ideology and however much an accomplice of the Nazis occupying Belgium, at the same time regularly distanced himself from that ideology and even undermined its meanings. Moreover, Derrida boldly takes up the challenge that these revelations have cast on the intellectual movement he and de Man have shaped. Can deconstruction come to grips with the political and intellectual history of its own leading American proponent? And can deconstruction in the process make a distinctive contribution to the understanding of fascism and intellectuals’ participation in it? John Brenkman is associate professor of English at Northwestern University. He is the author of Culture and Domination . Jules David Law is assistant professor of English at Northwestern University. He is currently working on a book-length study of the metaphors of surface, depth, and reflection in eighteenth- and nineteenth-century British prose. (shrink)

Despite its imperative to include all gendered positions under one umbrella, ‘trans’ is continually riven by intramural confrontation over the differences between its masculine and feminine iterations. Whether in political organizing, on social media or in the pages of academic trans theory, it sometimes seems like ‘trans’ is subject to an interminable and gendered custody battle. Dissatisfied with the terms of masc–femme antagonism, this essay uses the gendered interfaces of critique and autotheory to enmesh the work of Jules Gill-Peterson (...) and Paul B. Preciado. Reading into the interdependence of Gill-Peterson’s and Preciado’s texts yields a different theory: trans as an auto-antonym, a word that produces opposite meanings depending on context. Treating trans as auto-antonymic conjures a relational and even erotic escape from the naturalization of gendered antagonism in trans theory, affirming the unexpected bridges, reversals or ‘sex changes’ of specifically trans writing. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 263 articles, and supplementing his anthology of Wright (Liberal Arts Press). The biographical chapter presents Wright as an attractive character among devoted friends and also as a solitary, original scientist. Wright's primary achievement was to apply utilitarian principles to Darwinian natural selection theory. Since Darwin himself made no such attempt, nor did John Stuart Mill, and since Darwin showed an evident interest in Wright's attempt, this represents (...) a major contribution to evolutionary theory. On the negative side, too, Wright was incisive in his criticisms of Spencer, Mivart, Hamilton, Mansel, and Lewes. The pragmatic strains in Wright's philosophical method were incidental to his primary interest in showing that sciences are metaphysically "neutral." But his influence on Peirce and James was direct and strong, both on their cosmological and methodological doctrines. He deserves to be mentioned as the prime mover in this trinity of early pragmatism and naturalism, but since his own writings were relatively few and scattered, his historical importance rests largely on the use which Peirce and James made of his ideas and the development which they gave to his philosophy. HER~VRTW. SCHNEIDER Claremont, California Propos sur Jules Lequier: Philosophe de la libert~--R~flexions sur sa vie et sur sa pens~e. Par s Callot. (Paris: l~ditions Marcel Rivi~re et Cie, 1962. Pp. 142 [1]. Biblioth6que Philosophique.) L'oeuvre de Jules Lequier est importante. Nos philosophes am~ricains Charles Hartshorne et William L. Reese en ont fait un grand ~loge dans leur Philosophers Speak of God (pp. ix, 17, 109, 118, 227-230). Dans ce nouveau livre I~mile Callot nous donne des rfiflexions, des considerations, vraiment des Propos sur Jules Lequier en occasion du centenaire de la mort de Lequier (1862). La vie de Lequier est incontestablement dramatique. N~ en 1814 en Br6tagne off il passa son enfance, Lequier subit l'influence de son pays natal, de sa m~re dont il ~tait le ills unique, et d'une 6ducation profond~ment catholique. I1 entra ~t l'l~cole Polytechnique et il en sortit peu apr~s. Mais il y connut Renouvier et c'est grace ~ Renouvier que la pens~e de Lequier nous est connue. Renouvier intercala dans ses livres des fragments de Lequier et en publia des bonnes pages sous ce titre La recherche d'une premiOre v~rit& A l'~ge de 37 ans Lequier eut un acc6s de dfimence. Puis il eut un amour exaltfi pour une jeune fille qui le refusa en mariage. Lequier mourut, noy~, ~t l'~ge de 48 ans. De sa fin il nous est impossible de savoir si elle a 6t~ un suicide ou un accident, mais Lequier garda toujours con- 264 HISTORY OF PHILOSOPHY science de son g6nie: "Je crois avoir trouv6 un myst~re merveilleux de simplicitY, de profondeur et de t~n6bres: quelque chose h quoi nul ne pense." Lequier est un philosophe de la libert& Tout philosophe part de l'id& de v~rit~, cela est n&essaire, mais la prudence exige qu'on la mette sans cesse en cause. Comme Vinet (1797-1847) a dit, "La v6rit~, sans la recherche de la verit6, n'est que la moiti~ de la v~rit& On ne salt bien que ce qu'on n'a pas su toujours; on ne croit bien qu'apr& avoir dour6; on n'est vainqueur qu'apr6s avoir &6 vaincu. Et c'est pourquoi, en cette mati~re, notre premier effort doit avoir pour objet de mettre l'homme en demeure de choisir." Lequier avait eu tr& fort le sentiment du d&erminisme universel. Mais, au moment oth la croyance ~ la n&essit6 semblait devoir triompher dans son esprit, il la rejetta brusquement "par une r&olte de l'&re entier." Selon Lequier, la premiere et fondamentale d6marche de l'esprit est une affirmation de la libert~ par la libert6 m~me. La libert~ ne cr& pas la v6rit6, mais la croyance en la libert6 est une premi6re v6rit6. Sans cette croyance, on ne peut rien chercher et rien d&ouvrir. Mais l'homme, auteur de ses actes par la libertY, ne l'est pas de sa libert& Le Dieu de la Bible est un &re infini qui rien ne peut &happer. Ainsi le probl6me entier de la pr6destination se pose ici de nouveau. Et Lequier d&ouvre une solution originale: Si Dieu... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 249 Girolamo Balduino: Ricerche sulla logica della Scuola di Padova nel Rinascimento. By Giovanni Papuli. (Bark Lacerta, Universith di Bari, Pubblicazioni dell'lstituto di filosofia, 12, 1967. Pp. 313. no price.) The philosophers at the University of Padua during the late Middle Ages and Renaissance arc attracting much renewed interest. This study makes accessible again the logical philosophy of Girolamo Balduino, professor at Padua during the second quarter (...) of the sixteenth century. Like other thinkers of his period, 13alduino follows the logic of Aristotle, and looks for progress within the ancient and mediaeval tradition, not for radically new doctrines. He continues the traditional interpretation of Aristotle by Averroes, for whom logic is only an instrumental habitus, a tool or method of demonstration. About the final contribution of the school of Padua to the improvement of Aristotelian logic was the doctrine of regressive demonstration, where demonstration terminates in or discloses the definition. Zabarella's well-known teaching on this point seems to be derived entirely from Balduino. Contrary to the interpretation of Cassirer, followed by Randall, this regressive demonstration is not a universal method of inquiry and is not at all like, and not the historical source of, the new method of Galileo. Papuli's book is solidly based on the original Latin texts, in notes, which are of great value in view of the fact that Balduino's works have been out of print since 1573. Not all of Papuli's interpretations are beyond criticism (e.g., p. 296), but he has done a service in enabling us to reestablish contact with one of the last significant commentators on Aristotle's logic. PAUL J. W. MILLER University of Colorado Documents sur la vie de Jules-Cdsar Vanini de Taurisano. By Emile Namer. (Bari: Adriatica Editrice, n.d.=Univcrsith degli Studi di Bari, Pubblicazioni delFIstituto di Filosofia, II serie, Testi e Documenti, I. Pp. 196+22 facsimile illustrations) Giulio Cesare Vanini (1585-1619) ranks with Giordano Bruno as a modern hero of freedom of philosophical expression. He was tortured and then burned at the stake in Toulouse at the age of thirty-four, because of the unorthodoxy of his views. For this reason, he has drawn more attention than is perhaps deserved on the basis of his rather mediocre writings, which are little more than a tissue of plagiarisms culled from Pomponazzi, Cardano, J. C. Scaliger, and others. In this volume, Emile Namer has collected the scattered documents dealing with Vanini's life and activities. This is a valuable service, for it should enable scholars to disentangle fact from fiction and reality from myth. There has been so much heated discussion regarding Vanini that it is now time that someone should attempt to establish the precise facts and to reevaluate Vanini's place in intellectual history. In the past, writings about him have been governed more often by emotion than by reason. Namer prints documents from Naples, London, Paris, Simancas, and Toulouse. Some of these have been printed before in various journal articles, but it is valuable to have them all together in a single volume. In addition, he prints relevant excerpts concerning--as one of them put it--le douzi~me apostre de Satan, including material from Mersenne, Garasse, and others. He also includes a series of facsimiles of sample pages from the documents which he prints. All in all Namer's work is competently 250 HISTORY OF PHILOSOPHY done, though perhaps a bit more annotation to put the documents in historical perspective would have been desirable. In any case this little volume must be one of the bases for any future serious biographical or interpretative studies dealing with Vanini. Moreover, it shouM also be useful for scholars dealing with more general questions of seventeenth-century intellectual, religious, and social history. Unfortunately, there is no index, nor bibliography of earlier literature on Vanini, and the Introduction is perhaps too brief to orient the reader who has little previous knowledge of Vanini. CHARLES B. SCHMITT University oJ Leeds Tommaso Campanella: Renaissance Pioneer o[ Modern Thought. By Bernardino M. Bonansea. (Washington: Catholic University of America Press, 1969. Pp. xi 421. $14.50) This excellent critical study of the life and... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 263 articles, and supplementing his anthology of Wright (Liberal Arts Press). The biographical chapter presents Wright as an attractive character among devoted friends and also as a solitary, original scientist. Wright's primary achievement was to apply utilitarian principles to Darwinian natural selection theory. Since Darwin himself made no such attempt, nor did John Stuart Mill, and since Darwin showed an evident interest in Wright's attempt, this represents (...) a major contribution to evolutionary theory. On the negative side, too, Wright was incisive in his criticisms of Spencer, Mivart, Hamilton, Mansel, and Lewes. The pragmatic strains in Wright's philosophical method were incidental to his primary interest in showing that sciences are metaphysically "neutral." But his influence on Peirce and James was direct and strong, both on their cosmological and methodological doctrines. He deserves to be mentioned as the prime mover in this trinity of early pragmatism and naturalism, but since his own writings were relatively few and scattered, his historical importance rests largely on the use which Peirce and James made of his ideas and the development which they gave to his philosophy. HER~VRTW. SCHNEIDER Claremont, California Propos sur Jules Lequier: Philosophe de la libert~--R~flexions sur sa vie et sur sa pens~e. Par s Callot. (Paris: l~ditions Marcel Rivi~re et Cie, 1962. Pp. 142 [1]. Biblioth6que Philosophique.) L'oeuvre de Jules Lequier est importante. Nos philosophes am~ricains Charles Hartshorne et William L. Reese en ont fait un grand ~loge dans leur Philosophers Speak of God (pp. ix, 17, 109, 118, 227-230). Dans ce nouveau livre I~mile Callot nous donne des rfiflexions, des considerations, vraiment des Propos sur Jules Lequier en occasion du centenaire de la mort de Lequier (1862). La vie de Lequier est incontestablement dramatique. N~ en 1814 en Br6tagne off il passa son enfance, Lequier subit l'influence de son pays natal, de sa m~re dont il ~tait le ills unique, et d'une 6ducation profond~ment catholique. I1 entra ~t l'l~cole Polytechnique et il en sortit peu apr~s. Mais il y connut Renouvier et c'est grace ~ Renouvier que la pens~e de Lequier nous est connue. Renouvier intercala dans ses livres des fragments de Lequier et en publia des bonnes pages sous ce titre La recherche d'une premiOre v~rit& A l'~ge de 37 ans Lequier eut un acc6s de dfimence. Puis il eut un amour exaltfi pour une jeune fille qui le refusa en mariage. Lequier mourut, noy~, ~t l'~ge de 48 ans. De sa fin il nous est impossible de savoir si elle a 6t~ un suicide ou un accident, mais Lequier garda toujours con- 264 HISTORY OF PHILOSOPHY science de son g6nie: "Je crois avoir trouv6 un myst~re merveilleux de simplicitY, de profondeur et de t~n6bres: quelque chose h quoi nul ne pense." Lequier est un philosophe de la libert& Tout philosophe part de l'id& de v~rit~, cela est n&essaire, mais la prudence exige qu'on la mette sans cesse en cause. Comme Vinet (1797-1847) a dit, "La v6rit~, sans la recherche de la verit6, n'est que la moiti~ de la v~rit& On ne salt bien que ce qu'on n'a pas su toujours; on ne croit bien qu'apr& avoir dour6; on n'est vainqueur qu'apr6s avoir &6 vaincu. Et c'est pourquoi, en cette mati~re, notre premier effort doit avoir pour objet de mettre l'homme en demeure de choisir." Lequier avait eu tr& fort le sentiment du d&erminisme universel. Mais, au moment oth la croyance ~ la n&essit6 semblait devoir triompher dans son esprit, il la rejetta brusquement "par une r&olte de l'&re entier." Selon Lequier, la premiere et fondamentale d6marche de l'esprit est une affirmation de la libert~ par la libert6 m~me. La libert~ ne cr& pas la v6rit6, mais la croyance en la libert6 est une premi6re v6rit6. Sans cette croyance, on ne peut rien chercher et rien d&ouvrir. Mais l'homme, auteur de ses actes par la libertY, ne l'est pas de sa libert& Le Dieu de la Bible est un &re infini qui rien ne peut &happer. Ainsi le probl6me entier de la pr6destination se pose ici de nouveau. Et Lequier d&ouvre une solution originale: Si Dieu... (shrink)

17 essays discussing the role of language in the history of western thought. Since Adam before the Fall named the animals by true insight into their essences, language has never ceased to be the pivot of efforts to understand human nature and our capacity to feel at home in the twin worlds of nature and society. This volume brings together seventeen essays that have appeared in the Journal of the History of Ideasover the last thirty years. Their common theme is (...) the role of language in aspects of the history of western thought from the Renaissance to the nineteenth century. The essays cover questions in epistemology, religion, anthropology, lexicography, evolution, the theory of signs, and the origin of language. Contributors: FRANK L. BORCHARDT, MARGRETA DE GRAZIA, SIDONIE CLAUSS, JAN MIEL, THOMAS C.SINGER, VICTOR ANTHONY RUDOWSKI, JULES PAUL SEIGEL, JAMES McLAVERTY, J.R. KNOWLSON, STEPHEN K. LAND, LIA FORMIGARI, H.J. JACKSON, W. JAY REEDY, V.P. BYNACK, CYMBRE QUINCYRAUB, MICHAEL SPRINKER, S. MORRIS ENGEL. (shrink)

Paul Lafargue, the disciple and son-in-law of Karl Marx, helped to found the first French Marxist party in 1882. Over the next three decades, he served as the chief theoretician and propagandist for Marxism in France. During these years - which ended with the dramatic suicides of Lafargue and his wife - French socialism, and the Marxist party within it, became a significant political force. Leslie Derfler explores Lafargue's political strategies, specifically his break with party co-founder Jules Guesde (...) in the Boulanger and Dreyfus episodes and over the question of socialist syndicalist relations. Derfler shows Lafargue's importance as both political activist and theorist. He describes Lafargue's role in the formulation of such strategies as the promotion of a Second Workingmen's International, the pursuit of reform within the framework of the existent state but opposition to any socialist participation in nonsocialist governments, and the subordination of trade unionism to political action. He emphasizes Lafargue's pioneering efforts to apply Marxist methods of analysis to questions of anthropology, aesthetics, and literary criticism. (shrink)

Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

French geographers have been interested in the evolution of contemporary Greece since the beginnings of scientific geography at the end of the 19th century. They progressively distanced themselves from the traditional historical geography. Elisée Reclus is still over anxious to detect ancient Greece in contemporary descriptions. Paul Vidal de la Blache, who began his career as an epigraphist in Athens, became the founder of the French School of geography, without, however, Greece ever playing an important part in his scientific (...) development or his writings. From the time of his experiences in the First World War on the Salonica front, Jacques Ancel compiled a remarkable description of contemporary Macedonia, although it is to Jules Sion that we owe the best picture of Greece in the interwar years. (shrink)

Do participants in shared activity have mutual obligations to do their bit? This article shows this question has no one-size-fits-all answer and offers a pluralist account of the normativity of shared agency. The first part argues obligations to do one's bit have three degrees of involvement in shared activity. Such obligations might, obviously, bolster co-participants’ resolve to act as planned (degree 1). Less obviously, there also are higher and lower degrees of involvement. Obligations to do one's bit might provide our (...) agency-pooling mechanism. When they do, we act together by virtue of satisfying them (degree 2). Conversely, some shared activities involve no obligation (degree 0). In the second part, I argue shared agency theory is best served by a non-moralistic conception of obligation, one on which co-participants’ obligations need be neither strict-performance obligations, nor directed ones. Overall, my arguments suggest that we can choose how to coordinate normatively our shared activities. (shrink)

Noam Chomsky and Frances Egan argue that David Marr’s computational theory of vision is not intentional, claiming that the formal scientific theory does not include description of visual content. They also argue that the theory is internalist in the sense of not describing things physically external to the perceiver. They argue that these claims hold for computational theories of vision in general. Beyond theories of vision, they argue that representational content does not figure as a topic within formal computational theories (...) in cognitive science. I demonstrate that Chomsky’s and Egan’s claims about Marr’s theory are false. Marr’s computational theory contains a mathematical theory of visual content, based on empirical psychophysical evidence. It also contains mathematical descriptions of distal physical surfaces and objects, and of their optic projection to the perceiver. Much computational research on vision contains these types of intentional and externalist components within the formal, mathematical, theories. Chomsky’s and Egan’s claims demonstrate inadequate study and understanding of Marr’s work and other research in this area. Computational theories of vision, by containing empirically based mathematical theories of visual content, to this extent present naturalizations of semantics. (shrink)

This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.

What is the self? The question has preoccupied people in many times and places, but nowhere more than in the modern West, where it has spawned debates that still resound today. In this 2005 book, Jerrold Seigel provides an original and penetrating narrative of how major Western European thinkers and writers have confronted the self since the time of Descartes, Leibniz, and Locke. From an approach that is at once theoretical and contextual, he examines the way figures in Britain, (...) France, and Germany have understood whether and how far individuals can achieve coherence and consistency in the face of the inner tensions and external pressures that threaten to divide or overwhelm them. He makes clear that recent 'postmodernist' accounts of the self belong firmly to the tradition of Western thinking they have sought to supersede, and provides an open-ended and persuasive alternative to claims that the modern self is typically egocentric or disengaged. (shrink)

Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. The moral semantics (...) claim is that legal content is best understood as moral directives about what is to be done and who is to decide what is to be done. The problem is that legal positivists typically hold that only social facts contribute to the content of law, and it is hard to see how a positivist can hold both the social-facts claim and the moral-semantics claim. I argue that not only are the two claims consistent with one another, but that legal positivists must hold some version of the moral semantics claim if they are to make sense of the claim that legal reasons purport to be content-independent moral reasons for acting. In Section 3 of the article, I take up the question of whether theory construction in jurisprudence is normative or descriptive. This is hard to do in part because so little attention has been paid to correctly formulating the issue. I suggest a demanding test for descriptivism; namely, that an adequate analysis of law can be provided entirely in terms of its formal features. I then defend this claim against three arguments designed to show because governance by law is necessarily desirable or valuable that, we cannot characterize law without making reference to those values or to other material features of law. This constitutes a limited but powerful defence of descriptive jurisprudence. (shrink)

This edition includes a new introduction by Peter J. Gomes that reflects on the impact of this book in the years since it was written.

Research programs in empirical psychology from the past two decades have revealed implicit biases. Although implicit processes are pervasive, unavoidable, and often useful aspects of our cognitions, they may also lead us into error. The most problematic forms of implicit cognition are those which target social groups, encoding stereotypes or reflecting prejudicial evaluative hierarchies. Despite intentions to the contrary, implicit biases can influence our behaviours and judgements, contributing to patterns of discriminatory behaviour. These patterns of discrimination are obviously wrong and (...) unjust. But in remedying such wrongs, one question to be addressed concerns responsibility for implicit bias. Unlike some paradigmatic forms of wrongdoing, such discrimination is often unintentional, unendorsed, and perpetrated without awareness; and the harms are particularly damaging because they are cumulative and collectively perpetrated. So, what are we to make of questions of responsibility? In this article, we outline some of the main lines of recent philosophical thought, which address questions of responsibility for implicit bias. We focus on (a) the kind of responsibility at issue; (b) revisionist versus nonrevisionist conceptions of responsibility as applied to implicit bias; and (c) individual, institutional, and collective responsibility for implicit bias. (shrink)