Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all.

_Wittgenstein, Theory and the Arts_ Edited Richard Allen and Malcolm Turvey London: Routledge, 2001 ISBN 0415228751 302 pp.

The following brief memoir of Wittgenstein needs a few preliminary words of explanation. Among those who attended his lectures and discussions in the years it covers was D. G. James, who later became Professor of English at Bristol University and then Vice-Chancellor of Southampton University. I met him both in Bristol and Southampton, and on one occasion suggested to him that some of us who had known Wittgenstein, but who had not become professional philosophers, might write down our recollections of (...) him, and that he and I should start. What prompted the suggestion was, I think, the publication of Norman Malcolm's book, and a feeling that the non-professionals might have something to contribute to the assessment of Wittgenstein, particularly as a person. I wrote a preliminary draft and sent it to James; but he never responded, there was much else to do, I let the matter rest, and now James is dead. I wrote in about the year 1960 on holiday and away from any books of reference and from my own notes of Wittgenstein's lectures and conversations. I have shown the typescript to a few interested people, but because of its preliminary and unfinished nature have not previously thought of publication. It has recently been suggested to me that it might be of more general interest, and I publish it now as it was written, with one or two trifling alterations. I am well aware of its limitations. It was intended to give an impression of Wittgenstein as a person rather than as a philosopher, and the rather miscellaneous collection of remarks in section 3 have that in view rather than any more strictly ‘philosophical’ intention. Others may well question some of the detail and disagree with some of the opinions expressed. And there are some things which I might put rather differently today. But if the memoir has any interest it is best left as it was written. (shrink)

From Detroit Red to El-Hajj Malik El-Shabazz, the man best known as Malcolm X restlessly redefined himself throughout a controversial life. His transformations have appeared repeatedly in books, photographs, paintings, and films, while his murder set in motion a series of tugs-of-war among journalists, biographers, artists, and his ideological champions over the interpretation of his cultural meaning. This book marks the first systematic examination of the images generated by this iconic cultural figure--images readily found on everything from T-shirts and (...) hip-hop album covers to coffee mugs. Graeme Abernethy captures both the multiplicity and global import of a person who has been framed as both villain and hero, cast by mainstream media during his lifetime as "the most feared man in American history," and elevated at his death as a heroic emblem of African American identity. As Abernethy shows, the resulting iconography of Malcolm X has shifted as profoundly as the American racial landscape itself. Abernethy explores Malcolm's visual prominence in the eras of civil rights, Black Power, and hip-hop. He analyzes this enigmatic figure's representation across a variety of media from 1960s magazines to urban murals, tracking the evolution of Malcolm's iconography from his autobiography and its radical milieu through the appearance of Spike Lee's 1992 biopic and beyond. Its remarkable gallery of illustrations includes reproductions of iconic photographs by Richard Avedon, Eve Arnold, Gordon Parks, Henri Cartier-Bresson, and John Launois. Abernethy reveals that Malcolm X himself was keenly aware of the power of imagery to redefine identity and worked tirelessly to shape how he was represented to the public. His theoretical grasp of what he termed "the science of imagery" enabled him both to analyze the role of representation in ideological control as well as to exploit his own image in the interests of black empowerment. This provocative work marks a startling shift from the biographical focus that has dominated Malcolm X studies, providing an up-to-date--and comprehensively illustrated--account of Malcolm's cultural afterlife, and addressing his iconography in relation to images of other major African American figures, including Martin Luther King, Jr., Angela Davis, Kanye West, and Barack Obama. Analyzing the competing interpretations behind so many images, Abernethy reveals what our lasting obsession with Malcolm X says about American culture over the last five decades. (shrink)

Grace Lee Boggs (1915–2015) was a philosopher and activist influenced by Hegel, Marx, Malcolm X, Martin Luther King, Jr., and her collaborators C. L. R. James and Jimmy Boggs. During her long career, she inspired a generation of young thinker-activists to establish institutions and practices in Detroit to promote community and justice. The article gives an overview of her life and accomplishments, discusses the social and political philosophy set forth in her book The Next American Revolution: Sustainable Activism for (...) the Twenty-first Century, and reviews the documentary about her by director Grace Lee, American Revolutionary: The Evolution of Grace Lee Boggs. (shrink)

At a time when the analytic/continental split dominates contemporary philosophy, this ambitious work offers a careful and clear-minded way to bridge that divide. Combining conceptual rigor and clarity of prose with historical erudition, A Thing of This World shows how one of the standard issues of analytic philosophy—realism and anti-realism—has also been at the heart of continental philosophy. Using a framework derived from prominent analytic thinkers, Lee Braver traces the roots of anti-realism to Kant's idea that the mind actively organizes (...) experience. He then shows in depth and in detail how this idea evolves through the works of Hegel, Nietzsche, Heidegger, Foucault, and Derrida. This narrative presents an illuminating account of the history of continental philosophy by explaining how these thinkers build on each other's attempts to develop new concepts of reality and truth in the wake of the rejection of realism. Braver demonstrates that the analytic and continental traditions have been discussing the same issues, albeit with different vocabularies, interests, and approaches. By developing a commensurate vocabulary, his book promotes a dialogue between the two branches of philosophy in which each can begin to learn from the other. (shrink)

The aesthetics of nature has over the last few decades become an intense focus of philosophical reflection, as it has been ever more widely recognised that it is not a mere appendage to the aesthetics of art. Just as nature offers aesthetic experiences beyond the reach of art, so the aesthetics of nature raises issues not contained within the philosophy of art. -/- Malcolm Budd presents four interlinked essays addressing all the main problems about the aesthetics of nature. These (...) include: how the aesthetic appreciation of nature should be understood; the character of an aesthetic response to nature; what kinds of aesthetic experience nature affords and what kinds of aesthetic judgement it is amenable to; the aesthetic significance of intrusions by humanity into nature; whether aesthetic judgements about nature can be objectively true; the doctrine of positive aesthetics with respect to nature; the aesthetic significance of knowledge of nature and in particular whether scientific knowledge is necessary for serious aesthetic appreciation of nature; and the correct model for the appropriate aesthetic appreciation of nature. -/- The Aesthetic Appreciation of Nature also includes a comprehensive exposition and examination of the thoughts of the greatest philosopher to make a substantial contribution to the subject, Immanuel Kant, and an encyclopaedic critical survey of much of the most significant recent literature. Scholars and students of aesthetics will find valuable resources here, and much to think about. (shrink)

The purpose of my remarks is to draw some conclusions about the conditions which must be realized if physical, biological and social scientists are to work effectively in reaching common goals. I shall draw these conclusions on the basis of my experience as a psychologist whose participation in the war effort found him a member of a team composed principally of physicists and research engineers. I may say that while my experiences were largely at the level of the lower echelons (...) of the working fraternity, the conclusions appear to me to have application without regard to the extent of the brass which, in a figurative sense, decorates the scientist's hat. (shrink)

The Buddha taught a unique and verifiable method to end suffering in sentient beings. This is the eightfold noble path. But there are 84,000 discourses in which the Buddha describes just how one may come out of suffering. Is a seeker then expected to learn all these 84,000 discourses? Is there a shorter way out for the ardent meditator? There is. There is one discourse in particular that propounds the essence of the Buddha’s Teaching in crisp and clear terms. It (...) is the “Mahāsatipaṭṭhāna Sutta”. Its seminal importance is universally acknowledged. So, the next question that arises is: what is the core of the “Mahāsatipaṭṭhāna Sutta”? Which aspects of it are vital to one’s emancipation? A careful perusal of this discourse leads one to conclude that the Buddha repeatedly exhorts his monks to meditate in a particular manner. This involves three characteristics: Atāpi, Sampajāno and Satima. Of these, Atāpi is easy to understand: it means ardent, earnest, strenuous. The same holds for Satima. It means, in turn, with mindfulness or with awareness. It is Sampajāno which deserves our special attention, though. While it is essential to understand just what it means, its meaning is not so obvious. Once one does understand its meaning, its significance to the successful way out of ones own suffering becomes crystal clear. (shrink)

This article uses Jeremy Bentham's notion of disambiguation, which links language to power and ‘sinister interest’, to analyse criticisms of the Royal Academy of Arts by Benthamites and Philosophic Radicals at the Select Committee on Arts and Manufactures of 1835/6. This practice of disambiguation aimed to produce a distinction between the Royal Academy of Arts and the publicly funded art school. I situate this activity within the linguistic turn taken by Bentham's ethics, and its relevance to a dilemma of pedagogy (...) in commercial society framed by Adam Smith. Smith's dilemma turns on the conflict between the requirement for a pedagogy that conforms to the principle of free trade, and an equally binding requirement for a virtue ethical model of pedagogy that offers a remedy for the corrupting effects of commerce on character. Adam Smith's support for private academies of art asserted a hierarchy of virtue ethics over utility, thus safeguarding autonomous ethical reasoning within capitalist forms of social life. Bentham's thought, in contrast, eschews the link between ethics and character, and places ethics itself within normative rules of language and cognition. (shrink)

Open-ended survey responses from 205 Christian exemplars drawn from 37 distinct congregations within 19 Christian denominations in the Northwest and New England regions of the United States were analyzed by chi-square and multiple regression analyses to determine relationships between religious experience and gender. Results indicated that men were more likely than women to describe positions of leadership/responsibility/service as influential to their faith, and to indicate their own personal sin as a faith challenge. Women were more likely than men to describe (...) negative/tragic events as a faith influence, the intellectual dimension of their faith as a challenge, and serving other people as a faith satisfaction. These results appear to lend strong empirical support to previous assertions in both the social science and feminist theological literature regarding relationships between gender and religious experience. (shrink)

Stasis-theory seeks to classify rhetorical problems acccording to the underlying structure of the dispute that each involves. Such a classification is of interest to the practising rhetor, since it may help him identify an appropriate argumentative strategy; for example, patterns of argument appropriate to a question of fact may be irrelevant in an evaluative dispute.

At a time when interest in the Wittgensteinian tradition has quickened, this volume brings together fourteen essays by Norman Malcolm, a prominent philosopher ...

Stasis-theory seeks to classify rhetorical problems acccording to the underlying structure of the dispute that each involves. Such a classification is of interest to the practising rhetor, since it may help him identify an appropriate argumentative strategy; for example, patterns of argument appropriate to a question of fact may be irrelevant in an evaluative dispute.

A new English translation, with commentary, of the treatise On Issues by Hermogenes of Tarsus. The book is intended to make sophisticated theories of argument developed by Greek teachers of rhetoric in the second century AD accessible both to specialist and non-specialist readers. Of interest to scholars of all types of Greek literature.

This book comprises essays in law and legal theory celebrating the life and work of Jim Harris. The topics addressed reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse.

In this paper, we analyse higher-order risky choices by the representative cumulative prospect theory (CPT) decision maker from three alternative reference points. These are the status quo, average payout and maxmin. The choice tasks we consider in our analysis include binary risks, and are the ones employed in the experimental literature on higher order risk preferences. We demonstrate that the choices made by the representative subject depend on the reference point. If the reference point is the status quo and the (...) lottery choices exhibit symmetric risk, we demonstrate that there is no third order reflection effect of lottery choices but there is a fourth order reflection effect. When the average payout is the reference point, we demonstrate that any third or fourth order lottery choice is possible dependent upon the lottery payoffs. However, under the assumption of maxmin reference point, the risky choices are prudent and temperate. In addition to these results, our analysis reveals that the representative CPT subject can choose combinations of second with third and fourth order risky options that differ from those in other major models of decision under risk. We contrast our theoretical predictions with the empirical results reported in the literature on higher order risk preferences and are able to reconcile some conflicting experimental evidence. (shrink)

In this paper I shall approach Hesiod's poetry from two, rather different, directions; consequently, the paper itself falls into two parts, the argument and conclusions of which are largely independent. In I offer some observations on the vexed question of the organisation of Works and Days; that is, my concern is with the coherence of the poem's form and content. In my attention shifts to the function of this poem and of its companion, Theogony; given the form and content of (...) these two poems, what can we plausibly conjecture about the end or ends to which they were composed? In particular, I shall consider whether, and in what sense, these poems may be regarded as didactic in intent. Much of what I have to say in I say with a measure of confidence; in, by contrast, my primary aim is to undermine unwarranted confidence — although I do, even here, reach some positive conclusions. (shrink)

Malcolm Jones; Education and Racism, Journal of Philosophy of Education, Volume 19, Issue 2, 30 May 2006, Pages 223–234, https://doi.org/10.1111/j.1467-9752.198.

Ronald Preston found Alasdair MacIntyre's analysis of plurality and incommensurability unconvincing, holding that, ultimately, a common rationality enabled disparate perspectives to achieve shared positions. This commitment made Preston sceptical of theologies which drew on MacIntyre to deny the possibility of meaningful dialogue with economics but he ignored the argument that shared liberal roots might constrain his own critique of market institutions. Preston's theological conversation with economics assumes a state-based capitalism, political dominance over economics and a thin plurality. Globalisation challenges such (...) foundations severely but MacIntyre's focus on communities of tradition offers only a weak challenge to global economic power. Preston's understanding of the significance of finitude in economics and MacIntyre's focus on the problems of plurality and the communitarian response are both important in any response to contemporary globalisation. This article explores whether the respective virtues of Preston's and MacIntyre's approaches can coalesce in a theology adequate to the global era. (shrink)

Recently, brain imaging has provided controversial evidence of persisting awareness in some people whose brains are so severely injured that consciousness is minimal or absent, but in whom prolongation of life depends on the provision of continuing medical care. The clinicians understanding of the persistent vegetative state is briefly outlined and the evidence provided by brain imaging of awareness in this condition is reviewed. Information regarding consciousness in progressive acquired dementias are considered in the context of management of these conditions. (...) This leads to the conclusion that quality of consciousness was more important than its presence or absence in managing people with impaired consciousness. (shrink)

The relationship between parents' stated sex preferences for children and actual parental behaviour towards sons and daughters is examined among the Mukogodo, a group of traditional pastoralists in rural Kenya. Although their cultural values are male-centred and they tend to express a preference for sons, Mukogodo parents actually appear to be more solicitous of daughters, and the Mukogodo have a strongly female-biased childhood sex ratio. Studies of stated sex preferences should therefore be coupled with attempts to assess actual parental investment (...) in sons and daughters. (shrink)

Research now provides participants greater indications of genetic risk for disease, even for conditions incidental to the research study. Given this development, should such information also be disclosed to the family of research participants? There has been some indication at the national level that genetic risk information can be disclosed to participants' families; however, limited attention has been given to returning research results to family. Thus, we have also incorporated the discussion surrounding the disclosure of genetic risk discovered in the (...) clinic (e.g., genetic testing). A number of important questions are examined: Should genetic research results be provided to family? Are there differences between clinical and research findings that would prevent research results from being disclosed to family? Who should make the disclosure, if in fact it is done at all? We conclude by noting that the return of results is increasingly accepted as technology permits the discovery of more and more medically useful data. However, debates of whether results should be returned to participants must first be settled before moving to familial disclosure. (shrink)