This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with ...

First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist (...) Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years. (shrink)

In this volume, Alessandro Capone and Antonino Bucca’s essay makes a case, based upon the theory of pragmemes and socio-pragmatics, for taking Donald Trump’s statement to Comey, “I hope you will let Flynn go,” as an attempt of the President to get the then Federal Bureau of Investigation Director Comey to illegitimately drop the Russian probe, therefore being an illegal act of obstruction of justice. Their argument rests upon the claim that in this specific case, deniers of obstruction of justice (...) claims, when faced with Trump’s statements, must adopt a false theory of language in order to justify their conclusions. In his response, Richard Warner argues that though much of Capone and Bucca’s claims are convincing, and that much of the analysis of language in their article is accurate, even accepting their pragmeme and socio-pragmatic driven analysis, the content of Trump’s statement to Comey is not unequivocal enough to warrant certainty as to the obstruction claim. In this chapter one conclusion will be that Capone, Bucca and Warner all offer very important arguments useful in the accurate interpretation of Trump’s statement, and for interpretation in law generally. This conclusion will be supported and made more explicit by reading the essays in relation to Karl Llewellyn’s own constitutional theory, a theory that sees the constitution as an institution just partially, even minimally, based upon a purportedly “literal” reading of text. A further conclusion will be that theories of language, implicit or explicit, do indeed inevitably influence the analysis of statements like Trump’s at a very deep and profound level. Yet, thought this is all correct, I will argue that Trump’s statement, in context, cannot be read with such specificity so, in itself, it is sufficient evidence of obstruction of justice. (shrink)

This article brings together Roland Barthes and Samuel Beckett into a dialogue devoid of hierarchy, with Jacques Lacan as mediator. Both writers were intent on escaping the sway of the image considered as formatted by meanings. For Barthes, the themes of love and photography point to the existence of unicity within the dispersal of meanings and the reality of loss. Rather than undoing the image like Barthes, Beckett starts from an inaugural absence of instituted reality: from an original absence of (...) any ‘that-has-been’, as expressed in the motif of the mask. Both authors locate vision within speech, and the alterity contained within the latter. (shrink)

For philosophers such as Kant, the imagination is the starting point for all thought. For others, such as Wittgenstein, what is important is only how the word 'imagination' is used. In spite of the attention the imagination has received from major philosophers, remarkably little has been written about the radically different interpretations they have made of it. _The HypoCritical Imagination: Between Kant and Levinas_ is an outstanding contribution to this vaccuum. Focusing on Kant and Levinas, John Llewelyn takes us on (...) a dazzling tour of the philosophical imagination. He shows us that despite the different treatments they accord to the imagination, there is much to be gained from comparing these two key thinkers. From Kant, Llewelyn shows how the imagination is the common root of all understanding. He contrasts this with the thought of Emmanuel Levinas, for whom the imagination plays an ambivalent role both as necessary for and a threat to recognition of the other. John Llewelyn also introduces the importance of the work of Heidegger Schelling, Hegel, Arendt and Derrida on the imagination and what this work can tell us about the relationship between the imagination and ethics, aesthetics and literature. _The HypoCritical Imagination: Between Kant and Levinas_ is a brilliant reading of a neglected but important philosophical theme and is essential reading for those in contemporary philosophy, art theory and literature. (shrink)

This classic remains one of Karl Popper's most wide-ranging and popular works, notable not only for its acute insight into the way scientific knowledge grows, but also for applying those insights to politics and to history.

Kant's Reason develops a novel interpretation of Kant’s conception of reason and its philosophical significance, focusing on two claims. First, it argues that Kant presents a powerful model for understanding the unity of theoretical and practical reason as two manifestations of a unified capacity for theoretical and practical understanding (or “comprehension”). This model allows us to do justice to the deep commonalities between theoretical and practical rationality, without reducing either to the other. In particular, through it, we see why the (...) activities of both theoretical and practical reason are governed by a version of the Principle of Sufficient Reason, while also seeing why reason is essentially autonomous. At the same time, Kant's Reason also reads Kant as presenting us with a compelling picture of the role that reason (as a capacity or power) should play in a systematic approach to foundational philosophical questions. In doing so, it argues for an account of the fundamental norms that apply to rational beings that treats as fundamental neither substantive reasons or values nor merely structural rationality, but instead a robust conception of reason as a power or capacity — namely, the capacity for theoretical and practical understanding. The result is a form of “rational constitutivism” – one which contrasts both with the forms of “reasons fundamentalism” that are currently fashionable and the forms of “agency-first constitutivism” that have dominated much of Kantian metaethics. In this sense, the aim of the book is to vindicate Kant’s insistence that his philosophy represents nothing more or less than reason’s implicit self-understanding coming to explicit and systematic self-consciousness. (shrink)

Described by the philosopher A.J. Ayer as a work of 'great originality and power', this book revolutionized contemporary thinking on science and knowledge. Ideas such as the now legendary doctrine of 'falsificationism' electrified the scientific community, influencing even working scientists, as well as post-war philosophy. This astonishing work ranks alongside The Open Society and Its Enemies as one of Popper's most enduring books and contains insights and arguments that demand to be read to this day.

Recently, there has been a shift in attitude among some feminists towards the practice of cosmetic surgery away from that of outright rejection. Kathy Davis, for instance, offers a guarded `defence' of the practice as a strategy that enables women to exercise a degree of control over their lives in circumstances where there are very few other opportunities for self-realization. Others, such as Kathryn Morgan, Anne Balsamo and Orlan, though highly critical of the current practice of cosmetic surgery, go even (...) further than Davis in advocating its redeployment as a tool to subvert the dominant patriarchal ideals of feminine beauty. In this article I critically appraise this `rehabilitation' of cosmetic surgery, arguing, in the case of Davis, that she leaves unchallenged the social structures of inequality responsible for women's dissatisfaction with their bodies. The proposal to use cosmetic surgery as a tool of political critique is equally problematic insofar as it shares with the cosmetic industry its instrumentalization of the body as mere matter, which is almost infinitely transformable, and also effaces the economic inequalities within which such body transformations occur. (shrink)

Popper formulates and explains his non-justificationist theory of knowledge. Science--empirical science--aims at true explanatory theories, yet it can never prove, finally establish, or justify any of its theories as true, not even if it is in fact a true theory. Science must continue to question and criticize all its theories, even those which happen to be true.

As the title indicates, this article traces the history of Q research in South Africa. It focuses on South African scholars who have made worthwhile contributions to our understanding and knowledge of the Sayings Gospel Q. An attempt is ultimately made to detect some trends in this regard. One significant finding perhaps worth mentioning in the abstract is the undeniable influence of Andries G. van Aarde on Q scholarship in South Africa.

Dieses Buch ist die erfolgreichste Einführung in die Philosophie der Nachkriegszeit. Ein klassischer Text eines bedeutenden Philosophen dieses Jahrhunderts. Ausgehend von der Strittigkeit der Philosophie werden in 12 Vorträgen Grundlagen und Bedingungen des Philosophierens entfaltet. Im Anhang werden Lektürevorschläge zum eigenen philosophischen Studium gegeben. (Ec).

First published in French, Marx's The Poverty of Philosophy (1847) was composed during his years in Brussels, when he was developing his economic views and, through confrontations with the chief leaders of the working-class movement, establishing his intellectual standing. In this classic work, which laid the foundation of ideas later developed in Capital, Marx polemicized against then premier French socialist, Pierre-Joseph Proudhon. Proudhon wanted to unite the best features of such contraries as competition and monopoly. He hoped to save the (...) good features of economic institutions while eliminating the bad. Marx, however, declared that no equilibrium was possible between the antagonisms in any given economic system. Social structures were transient historical forms determined by the productive forces: "The handmill gives you society with the feudal lord; the stream mill, society with the industrial capitalist.". (shrink)

First published in French, Marx's The Poverty of Philosophy (1847) was composed during his years in Brussels, when he was developing his economic views and, through confrontations with the chief leaders of the working-class movement, establishing his intellectual standing. In this classic work, which laid the foundation of ideas later developed in Capital, Marx polemicized against then premier French socialist, Pierre-Joseph Proudhon. Proudhon wanted to unite the best features of such contraries as competition and monopoly. He hoped to save the (...) good features of economic institutions while eliminating the bad. Marx, however, declared that no equilibrium was possible between the antagonisms in any given economic system. Social structures were transient historical forms determined by the productive forces: "The handmill gives you society with the feudal lord; the stream mill, society with the industrial capitalist.". (shrink)

Marx and Engels's Communist Manifesto has become one of the world’s most influential political tracts since its original 1848 publication. Part of the Rethinking the Western Tradition series, this edition of the Manifesto features an extensive introduction by Jeffrey C. Isaac, and essays by Vladimir Tismaneanu, Steven Lukes, Saskia Sassen, and Stephen Eric Bronner, each well known for their writing on questions central to the Manifesto and the history of Marxism. These essays address the Manifesto's historical background, its impact on (...) the development of twentieth-century Communism, its strengths and weaknesses as a form of ethical critique, and its relevance in the post-1989, post-Cold War world. This edition also includes much ancillary material, including the many Prefaces published in the lifetimes of Marx and Engels, and Engels's "Principles of Communism.". (shrink)

This article aims to argue that the Sayings Gospel Q has a unique message for the peasantry and poor of ancient society. The intention of this article is to uncover the intended message of three particular Q texts for the peasantry and poor, namely Q 7:24–28, Q 10:5–9 and Q 11:9–13.

This article involves a critical examination of the recent paradigm shift in the appraisal of women's dress. Whereas in the past, female fashion was criticized primarily in terms of its impractical and restrictive nature and more `functional' and `natural' modes of dress were advocated, in recent times the legitimacy of the notion of `functional' or `natural' dress has been challenged. As theorists such as Wilson, Sawchuck and Hollander have pointed out, to assume that there is a `natural' mode of dress (...) which reflects the body `as it really is' wrongly presupposes that the body pre-exists culture when in fact it is always inescapably encoded by cultural norms. However, as is argued in the article, while recent theorists have revealed the naivete of the functionalist paradigm upon which previous critiques of fashion have been premised, their alternative conception of liberatory dress as that which highlights the constructed nature of the body is equally as problematic insofar as it leaves unchallenged the reduction of self-identity to image which the advertising and fashion industries now endorse and promote. In championing the idea of dress as a parodic play in which the body of the wearer is denaturalized, postmodern theories of fashion display an unwitting complicity with our contemporary culture of the spectacle which privileges the cult of appearance over all other sources of identity formation. (shrink)

This paper considers how restorative justice as a theory of justice grounded in feminist relational theory can offer a conceptual framework from which to understand and approach justice, peace and development and their interrelationship in the context of peacebuilding. Feminist relational theory grounds a conception of justice that moves beyond the narrow focus on justice as merely an element or stage of peacebuilding to an understanding of peacebuilding as the work of building sustainable just social relationships.

This study considers the verisimilitude of the harvest saying in Matthew 9.37–38 and Luke (Q) 10.2, specifically the opening statement that the harvest is plentiful but the workers few. By ‘verisimilitude’ is meant the tradition’s tendency to be viewed as realistic in its original socio-historical context. In other words, would the first listeners have nodded their heads in agreement at the claim that the harvest is plentiful but the workers few? The focus here is not on the logion’s possible metaphorical (...) application, but on the literal saying, which involves ancient agriculture. To address the verisimilitude question, the study will consider some individual features of the logion itself, as well as the socio-historical context of farming and harvesting in 1st-century Palestine and the Roman Empire. Contribution: This study attempts to determine the verisimilitude of the literal claim that the harvest is plentiful but the workers few. The author is not aware of any other study that attempts to answer this verisimilitude question about Matthew 9.37–38 and Luke (Q) 10.2. Answering this question is sure to contribute to the understanding and interpretation of the chosen logion in the future. (shrink)

Karl Pfeifer attempts to present a coherent view of panentheism that eschews Pickwickian senses of “in” and aligns itself with, and builds upon, familiar diagrammed portrayals of panentheism. The account is accordingly spatial-locative and moreover accepts the proposal of R.T. Mullins that absolute space and time be regarded as attributes of God. In addition, however, it argues that a substantive parthood relation between the world and God is required. Pfeifer’s preferred version of panpsychism, viz. panintentionalism, is thrown into the (...) mix as an optional add-on. On this account, God is conceived of as a “spiritual field” whose nature can be made more intelligible by regarding “God” as having a mass-noun sense in some contexts. Pfeifer closes with the suggestion that we look to topology and mereology for further development of the position outlined in his paper. (shrink)

On its publication in 1957, _The Poverty of Historicism_ was hailed by Arthur Koestler as 'probably the only book published this year which will outlive the century.' A devastating criticism of fixed and predictable laws in history, Popper dedicated the book to all those 'who fell victim to the fascist and communist belief in Inexorable Laws of Historical Destiny.' Short and beautifully written, it has inspired generations of readers, intellectuals and policy makers. One of the most important books on the (...) social sciences since the Second World War, it is a searing insight into the ideas of this great thinker. (shrink)

This article responds to Ruben Zimmermann's latest book, Puzzling the Parables of Jesus. In particular, one aspect of his proposed method is challenged, namely, his conscious attempt to do away with considerations of the pre-Easter context when interpreting the parables. The article finishes by proposing a variant methodology of parable interpretation, featuring the parable of the Good Samaritan as a working example.

First published in 1986. Routledge is an imprint of Taylor & Francis, an informa company.

‘If in this book harsh words are spoken about some of the greatest among the intellectual leaders of mankind, my motive is not, I hope, to belittle them. It springs rather from my conviction that, if our civilization is to survive, we must break with the habit of deference to great men.’ - Karl Popper, from the Preface Written in political exile during the Second World War and first published in two volumes in 1945, Karl Popper’s _The Open (...) Society and Its Enemies _is one of the most influential books of all time. Hailed by Bertrand Russell as a ‘vigorous and profound defence of democracy’, its now legendary attack on the philosophies of Plato, Hegel and Marx exposed the dangers inherent in centrally planned political systems and through underground editions become an inspiration to lovers of freedom living under communism in Eastern Europe. Popper’s highly accessible style, his erudite and lucid explanations of the thoughts of great philosophers and the recent resurgence of totalitarian regimes around the world are just three of the reasons for the enduring popularity of _The Open Society and Its Enemies_ and why it demands to be read today and in years to come. (shrink)

In his influential 1987 monograph, Kloppenborg identified three layers in the Sayings Gospel Q: the ‘formative stratum’ (or Q¹), the ‘main redaction’ (or Q²), and the ‘final recension’ (or Q³). He ascribed the cluster of sayings in Q 12:39–59 to the main redaction. Within this cluster appears the parable of the loyal and wise slave (Q 12:42–46). In my view, some portions of this parable actually originate with the formative stratum. The aim of the current article is to reconsider the (...) redactional make-up of this parable by appealing to Kloppenborg’s own criteria for distinguishing between Q1 and Q2, including those of ‘characteristic forms’, ‘characteristic motifs’ and ‘implied audience’. (shrink)

A number of logicians and philosophers have turned their attention in recent years to the problem of developing a logic of interrogatives. Their work has thrown a great deal of light on the formal properties of questions and question-sentences and has led also to interesting innovations in our understanding of the structures of performatives in general and, for example, in the theory of presuppositions. When, however, we examine the attempts of logicians such as Belnap or Åqvist to specify what, precisely, (...) a question is, or what it is to ask or raise a question, then what we are offered is somewhat less illuminating. Two alternative reductionist accounts seem in particular to have gained most favor: questions are identified either as special sorts of statements, or as special sorts of requests. As we hope will become clear in what follows, neither of these accounts is even nearly adequate; and matters are not improved if questions are identified, by force majeure, as combinations of statements and requests. (shrink)

This seminal contribution to Kant studies, originally published in 1982, was the first to present a thorough survey and evaluation of Kant's theory of mind. Ameriks focuses on Kant's discussion of the Paralogisms in the Critique of Pure Reason, and examines how the themes raised there are treated in the rest of Kant's writings. Ameriks demonstrates that Kant developed a theory of mind that is much more rationalistic and defensible than most interpreters have allowed.

This article is the first of three on the relationship between the Sayings Gospel Q and the ancient concept of 'psychostasia,' which is the ancient notion that a divine or supernatural figure weighed people's souls when judging them. The ultimate goal of all three articles is to enhance our understanding of Q 6:37-38, as well as of the Q document as a whole. In the current article, attention is focused on intertexts from the Old Testament, and the occurrences therein of (...) the word 'measure' and the concept of 'psychostasia'. The implications of these results for our interpretation of Q 6:37-38 are briefly noted. A second (future) article will focus on intertexts in apocryphal and pseudepigraphical writings from Second Temple Judaism dealing with 'psychostasia'. A third study will ultimately spell out in more comprehensive detail the implications of the foregoing intertextual investigations on both our understanding of Q 6:37-38 and our understanding of the Sayings Gospel Q as a whole. (shrink)

Karl Jaspers gehört zu den Ziehvätern der Psychopathologie, einer der Grundlagenwissenschaften der Psychiatrie. In diesem Zusammenhang wird gemeinhin auf sein systematisches Lehrbuch verwiesen, die Allgemeine Psychopathologie von 1913. Die wesentlichen Züge seiner Methodologie und den Gegenstand der neuen Wissenschaft fixierte Jaspers jedoch schon in den hier versammelten Arbeiten, die zwischen 1909 und 1913 erschienen: Seine Kritik am dominanten Reduktionismus und an der damals noch jungen Psychoanalyse sind in diesen Texten bereits gültig formuliert, ebenso - und nicht zuletzt - die (...) Dichotomie zwischen Erklären und Verstehen. Neben der Dissertation “Heimweh und Verbrechen” enthält der vorliegende Band unter anderem den bahnbrechenden und wirkungsvollen Aufsatz “Die phänomenologische Forschungsrichtung in der Psychiatrie” sowie die bis heute kontrovers diskutierte Abhandlung “Kausale und 'verständliche' Zusammenhänge zwischen Schicksal und Psychose bei der Dementia praecox (Schizophrenie)”. Der Kommentar verortet die einzelnen Beiträge sowohl im wissenschaftshistorischen als auch im werkgeschichtlichen Kontext. (Quelle: buchhandel.de). (shrink)