The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU is expressed in the (...) case of Mox Plant. The European Commission applied to the CJEU against Ireland, because it considered that Ireland, which started an arbitration procedure against United Kingdom under the UN Convention on the Law of the Sea, has infringed the exclusive jurisdiction of the CJEU under Article 344 of the TFEU. The EU is also a Contracting Party to the UN Convention on the Law of the Sea. Therefore according to the consistence case practice of the Court, the provisions of the Convention that fall under the competence of the Union constitute an indivisible part of the EU legal system. Only in such case when a provision of a treaty is attributed to exclusive competence of the Member States, the jurisdiction of the CJEU regarding that provision can be negated. Thus, when deciding on the issue of exclusive jurisdiction of the CJEU in principle, a problem of attribution of the EU and Member States’ competences arises. (shrink)

Simone Weil (1909-1943) was one of the most original philosophers & political thinkers of this century. Coming to Christianity late in her short life, she offered a refreshing creativity & a rare ability to confront theological complacencies. In introducing her writings & thoughts, this book emphasizes her never-ending search for truth, a search that epitomizes twentieth-century spirituality.

Thanks to Gerry Hough for helpful comments on an earlier draft of this article.

_Wittgenstein and Levinas_ examines the oft-neglected relationship between the philosophies of two of the most important and notoriously difficult thinkers of the twentieth century. By bringing the work of each philosopher to bear upon the other, Plant navigates between the antagonistic intellectual traditions that they helped to share. The central focus on the book is the complex yet illuminating interplay between a number of ethical-religious themes in both Wittgenstein's mature thinking and Levinas's distinctive account of ethical responsibility.

In recent years, there has been considerable debate about the reliability of Herodotus: the attack on his honesty led by Fehling, the defence by Pritchett. The debate, it seems, may have begun at least as far back as Thucydides, but now Thucydides himself may have joined the school of liars. Badian has produced a new reading of Thucydides’ description of the outbreak of the Peloponnesian War, arguing that Thucydides deliberately set out to mislead the reader, misrepresenting the Spartans as the (...) instigators of the War and carefully masking the Athenians’ own responsibility. (shrink)

According to Levinas, the history of western philosophy has routinely ‘assimilated every Other into the Same’. More concretely stated, philosophers have neglected the ethical significance of other human beings in their vulnerable, embodied singularity. What is striking about Levinas’ recasting of ethics as ‘first philosophy’ is his own relative disregard for non-human animals. In this article I will do two interrelated things: (1) situate Levinas’ (at least partial) exclusion of the non-human animal in the context of his markedly bleak conception (...) of ‘the state of nature’, and (2) drawing on Orwell, Wittgenstein and Gaita, argue that, despite his more positive evaluation of animality (specifically a dog named Bobby), Levinas is guided by a number of anthropomorphic prejudices; not least that the epithet ‘the animal’ can be used in the general singular. (shrink)

I review MacAskill's book What We Owe The Future, which makes the case for longtermism, the idea that positively influencing the longterm future is a key moral priority of our time. After summarising it, I raise four challenges to the nature or presentation of his case. First, I point out MacAskill's stated three-premise 'case' for longtermism is not a valid argument. Second, I argue his case is not, as he describes it, 'simple' and 'uncontroversial'; MacAskill brushes over crucial subtleties and (...) mauls a strawman. Third, I am unpersuaded by the argument that we can influence the longterm future; the book does not contain a single example that shows this has happened before, so we should be sceptical we can do so. Fourth, I question the practical importance of longtermism. MacAskill argues we should do more to prevent global catastrophic risks from e.g. AI and nuclear war. Longtermism may give us more reason to care about them but it is neither necessary nor sufficient to make those the priorities. (shrink)

Notwithstanding his own spiritual inadequacies, Wittgenstein has a profound respect for those capable of living a genuinely religious life; namely, those whose “passionate,” “loving” faith demands unconditional existential commitment. In contrast, he disapproves of those who see religious belief as hypothetical, reasonable, or dependent on empirical evidence. Drawing primarily on Culture and Value, “Lectures on Religious Belief,” and On Certainty, in this essay I defend two claims: (1) that there is an unresolved tension between Wittgenstein's later descriptive-therapeutic approach and the (...) implicit normativity of his conception of genuine/passionate religious belief; and (2) that the demarcation between the latter and its pseudo-religious counterpart is itself problematic. To illustrate these claims I argue that apocalyptic Christian fundamentalism presents a significant challenge to Wittgenstein's taxonomy. Despite these shortcomings, however, I conclude by suggesting that his characterization of religious belief as a “passion” or “love” remains valuable. (shrink)

A stimulating introduction to central issues of political theory, including liberty, rights and the state, and the claims of need and politics.

There is a world-wide debate at the moment about the appropriate role for the state in modern societies in the light of the world financial crisis. This book provides a comprehensive analysis and critique of Neo-liberal or economic liberal ideas on this issue.

Widespread and lasting consensus has not been philosophy's fate. Indeed, one of philosophy's most striking features is its ability to accommodate “not only different answers to philosophical questions” but also “total disagreement on what questions are philosophical” (Rorty 1995, 58). It is therefore hardly surprising that philosophers' responses to this metaphilosophical predicament have been similarly varied. This article considers two recent diagnoses of philosophical diversity: Kornblith and Rescher (respectively) claim that taking philosophical disagreement seriously does not lead to metaphilosophical scepticism. (...) The article argues that their confidence is misplaced in so far as both wrongly assume that ordinary, first-order philosophical practice and second-order metaphilosophical reflection are separate enterprises. We can say that the universe consists of a substance, and this substance we will call “atoms,” or else we will call it “monads.” Democritus called it atoms. Leibniz called it monads. Fortunately, the two men never met, or there would have been a very dull argument. (Allen 1997, 171) When will philosophers learn to be less pretentious and arrogant in their claims? One would imagine that the philosophic experiences of twenty-five centuries would have taught them the fallacy of self-esteem! (Schilpp 1935, 233). (shrink)

Mark Dooley has recently argued (principally against Simon Critchley) that the attempt to establish too strong a ‘connection’ between Jacques Derrida and Emmanuel Levinas not only distorts crucial disparities between their respective philosophies, it also contaminates Derrida’s recent work with Levinas’s inherent ‘political naivety’. In short, on Dooley’s reading, Levinas is only of ‘inspirational value’ for Derrida. I am not concerned with defending Critchley’s own reading of the ‘Derrida–Levinas connection’. My objective is rather to demonstrate, first, the way in which (...) Dooley’s argument hinges upon a misreading of Levinas and Derrida, and, second, why Derrida’s recent thinking is in fact fundamentally Levinasian. Key Words: contingency • guilt • Holocaust • hospitality • institutions • nature • suffering • third party • violence. (shrink)

In Culture and Value Wittgenstein remarks: ‘Thoughts that are at peace. That's what someone who philosophizes yearns for’. The desire for such conceptual tranquillity is a recurrent theme in Wittgenstein's work, and especially in his later ‘grammatical-therapeutic’ philosophy. Some commentators (notably Rush Rhees and C. G. Luckhardt) have cautioned that emphasising this facet of Wittgenstein's work ‘trivialises’ philosophy – something which is at odds with Wittgenstein's own philosophical ‘seriousness’ (in particular his insistence that philosophy demands that one ‘Go the bloody (...) hard way’). Drawing on a number of correlations between Wittgenstein's conception of philosophy and that of the Pyrrhonian Sceptics, in this paper I defend a strong ‘therapeutic’ reading of Wittgenstein, and show how this can be maintained without ‘trivialising’ philosophy. (shrink)

This article argues for four interrelated claims: Metaphilosophy is not one sub-discipline of philosophy, nor is it restricted to questions of methodology. Rather, metaphilosophical inquiry encompasses the general background conditions of philosophical practice. These background conditions are of various sorts, not only those routinely considered “philosophical” but also those considered biographical, historical, and sociological. Accordingly, we should be wary of the customary distinction between what is proper and merely contingent to philosophy. “What is philosophy?” is best understood as a practical (...) question concerning how members of different philosophical sub-communities identify what is pertinent to their respective activities and self-conceptions. Given –, understanding what philosophy is requires us to take more seriously the social-institutional dimension of contemporary philosophical practice. (shrink)

First published in 1980. Routledge is an imprint of Taylor & Francis, an informa company.

In "Culture and Value" Wittgenstein remarks that the truly "religious man" thinks himself to be, not merely "imperfect" or "ill," but wholly "wretched." While such sentiments are of obvious biographical interest, in this paper I show why they are also worthy of serious philosophical attention. Although the influence of Wittgenstein's thinking on the philosophy of religion is often judged negatively (as, for example, leading to quietist and/or fideist-relativist conclusions) I argue that the distinctly ethical conception of religion (specifically Christianity) that (...) Wittgenstein presents should lead us to a quite different assessment. In particular, his preoccupation with the categorical nature of religion suggests a conception of "genuine" religious belief which disrupts both the economics of eschatological-salvationist hope, and the traditional ethical precept that "ought implies can." In short, what Wittgenstein presents is a sketch of a religion without recompense. (shrink)

The paper explicates Bonhoeffer's dense statement, made in a 1932 lecture, that `Reality is the sacrament of [the ethical] command'. It begins with a summary of William T. Cavanaugh's rich description of the Eucharist as that act which makes the Church Christ's body, thereby constituting the true res publica. A comparison is drawn with Bonhoeffer's account of the sacramental foundation of the Church's public proclamation of God's ethical command. Bonhoeffer differs from Cavanaugh, I suggest, not only in his conviction that (...) the Church speaks God's command penultimately and with humility, but in regarding the state as one of the means by which God acts within the penultimate to preserve creation. (shrink)

IN his running debate with Fr Joseph Owens, Dr Joseph Bobik at one point raises this issue.

First published in 1973 this volume demonstrates the interconnection between Hegel's political and metaphysical writings. This book provides a point of entry into Hegel's system of ideas. Condemned unread, and when read far too often misunderstood, Hegel's thought has once more begun to make its impact on contemporary ideas with many of today's most important social and political thinkers.

In 1981, after 20 years of teaching and writing philosophy, Derrida claimed that ‘less than ever’ did he ‘know what philosophy is’. Indeed, his ‘knowledge of what ... constitutes the essence of philosophy’ remained ‘at zero degree’. 1 These were not flippant remarks. Rather, Derrida’s avowed uncertainty is part of a more general metaphilosophical view; namely, that ‘Philosophy has a way of being at home with itself that consists in not being at home with itself’. 2 In this article I (...) will critically reconstruct and develop this view, paying particular attention to the ‘institutional’ dimension of contemporary philosophy. (shrink)

Wittgenstein’s remarks on religious and magical practices are often thought to harbour troubling fideistic and relativistic views. Unsurprisingly, commentators are generally resistant to the idea that religious belief constitutes a ‘language‐game’ governed by its own peculiar ‘rules’, and is thereby insulated from the critical assessment of non‐participants. Indeed, on this fideist‐relativist reading, it is unclear how mutual understanding between believers and non‐believers (even between different sorts of believers) would be possible. In this paper I do three things: (i) show why (...) the fideist‐relativist reading of Wittgenstein is not wildly implausible (Sections 1–2); (ii) argue that, despite its initial plausibility, this reading fails to take into account Wittgenstein’s naturalism (Sections 3–4); and (iii) explain what sort of naturalism this is, and how it sheds light on Wittgenstein’s remarks on religious belief (Sections 5–6). (shrink)

In "The History of Sexuality", Foucault maintains that "Western man has become a confessing animal" (1990, 59), thus implying that "man" was not always such a creature. On a related point, Wittgenstein suggests that "man is a ceremonial animal" (1996, 67); here the suggestion is that human beings are, by their very nature, ritualistically inclined. In this paper I examine this crucial difference in emphasis, first by reconstructing Foucault's "genealogy" of confession, and subsequently by exploring relevant facets of Wittgenstein's later (...) thinking. While there are significant correlations between Foucault and Wittgenstein, an important disparity emerges in relation to the question of the "natural." By critically analyzing this, I show how Wittgenstein's minimal naturalism provides an important corrective to Foucault's more extravagant claims. By implication, we see why any radical relativist, historicist, and/or constructivist position becomes untenable on Wittgensteinian grounds, even though Wittgenstein himself is often read as promoting such views. (shrink)

Philosophy is one of the most intimidating and difficult of disciplines, as any of its students can attest. This book is an important entry in a distinctive new series from Routledge: "The Great Philosophers." Breaking down obstacles to understanding the ideas of history's greatest thinkers, these brief, accessible, and affordable volumes offer essential introductions to the great philosophers of the Western tradition from Plato to Wittgenstein.In just 64 pages, each author, a specialist on his subject, places the philosopher and his (...) ideas into historical perspective. Each volume explains, in simple terms, the basic concepts, enriching the narrative through the effective use of biographical detail. And instead of attempting to explain the philosopher's entire intellectual history, which can be daunting, this series takes one central theme in each philosopher's work, using it to unfold the philosopher's thoughts. (shrink)

There are long-standing doubts about whether data from subjective scales—for instance, self-reports of happiness—are cardinally comparable. It is unclear how to assess whether these doubts are justified without first addressing two unresolved theoretical questions: how do people interpret subjective scales? Which assumptions are required for cardinal comparability? This paper offers answers to both. It proposes an explanation for scale interpretation derived from philosophy of language and game theory. In short: conversation is a cooperative endeavour governed by various maxims (Grice 1989); (...) because subjective scales are vague and individuals want to make themselves understood, scale interpretation is a search for a focal point (Schelling 1960). A specific focal point it hypothesised; if this hypothesis is correct, subjective data will be cardinally comparable. Four individually necessary and jointly sufficient conditions for cardinal comparability are specified. The paper then argues this hypothesis can be empirically be tested, makes an initial attempt to do so using subjective well-being data, and concludes it is supported. Numerous areas for further research are identified including, at the end of the paper, how certain tests could be used to ‘correct’ subjective data if they are not cardinal. (shrink)

While life satisfaction theories (LSTs) of well-being are barely discussed in philosophy, they are popular among social scientists and wider society. When philosophers have discussed LSTs, they are taken to be a distinct alternative to the three canonical accounts of well-being—hedonism, desire theories, the objective list. This essay makes three main claims. First, on closer inspection, LSTs are indistinguishable from a type of desire theory—the global desire theory. Second, the life satisfaction/global desire theories are the only subjectivist accounts of well-being (...) in the sense that they maintain individuals decide what makes their lives go well for them; hedonism and other desire theories are subjectivist only in some alternative senses. Third, subjectivism is implausible, although for different reasons from those that are usually given. I examine what I take to be the two main current objections to LSTs and argue that they are unproblematic. I then raise two different, challenging objections. The first is novel. The second has been noted in passing, but its seriousness underestimated. I close by sketching some non-obvious difficulties that subjectivists will face if they attempt to show rival objectivist theories suffer even more counterintuitive implications. Although subjectivism has a strong intuitive pull, we should be ready to abandon it in favour of an objectivist theory—although it is not my purpose here to say which one. (shrink)

In "The Myth of Sisyphus", Camus recommends scornful defiance in the face of our absurd, meaningless existence. Although Nagel agrees that human life possesses an absurd dimension, he objects to Camus' existentialist 'dramatics'. For Nagel, absurdity arises from the irreducible tension between our subjective and objective perspectives on life. In this paper I do two things: (i) critically reconstruct Camus' and Nagel's positions, and (ii) develop Nagel's critique of Camus in order to argue that humour is an appropriate response to (...) absurdity. (shrink)

In his theological explorations, suggests Raymond Plant in this illuminating new guide, Hegel tackled the issues of interest to us all.

Should blood be bought and sold is in crude terms the question asked and answered by Richard Titmuss in his recent book The Gift Relationship. Dr Raymond Plant, a lecturer in philosophy at Manchester University, analyses Titmuss' arguments in a paper which we are printing in two parts. Titmuss has taken the provision of blood as his example of the gift relationship--and by extension that of health care generally. Dr Plant considers in turn each of Titmuss' arguments that (...) blood should not be a marketable commodity, the moral objections to which seem to be the erosion of freedom and of truth telling, the separation of society through the cash nexus, and its converse that the provision of health care is a means for the integration of society. Dr Plant also examines the views of other commentators on the Titmuss' theory of the value of a 'free' blood transfusion service and other medical care as a means of integration in society, and ends with his promise that in the second part of his paper he will examine Titmuss' principles not in terms of the market but rather as related to the principle of social justice. (shrink)

The formulae "perhaps" and "perhaps not," [] we adopt in place of "perhaps it is and perhaps it is not" []. But here again we do not fight about phrases [] these expressions are indicative of non-assertion. Sextus Empiricus, Outlines of Pyrrhonism One could spend years on [] the perhaps [] whose modality will render fictional and fragile everything that follows []. One does not testify in court and before the law with "perhaps." Jacques Derrida, Demeure: Fiction and Testimony.