Nicolas-Antoine Boulanger, ingénieur, homme de lettres et philosophe français, fut admiré ou redouté par plusieurs de ses contemporains les plus illustres. Il a également fourni des articles de droit à l'Encyclopédie de Diderot et D'Alembert. Le présent ouvrage constitue la première étude d'ensemble de cet écrivain.

This book provides an extensive treatment of Husserl's phenomenology of time-consciousness. Nicolas de Warren uses detailed analysis of texts by Husserl, some only recently published in German, to examine Husserl's treatment of time-consciousness and its significance for his conception of subjectivity. He traces the development of Husserl's thinking on the problem of time from Franz Brentano's descriptive psychology, and situates it in the framework of his transcendental project as a whole. Particular discussions include the significance of time-consciousness for other (...) phenomenological themes: perceptual experience, the imagination, remembrance, self-consciousness, embodiment, and the consciousness of others. The result is an illuminating exploration of how and why Husserl considered the question of time-consciousness to be the most difficult, yet also the most central, of all the challenges facing his unique philosophical enterprise. (shrink)

How do humans manage to keep track of a gradually changing object or person as the same persisting individual despite the fact that the extraction of information about this individual must often rely on heterogeneous information sources and heterogeneous tracking methods? The article introduces the Empirical Tracking of Individuals theory to address this problem. This theory proposes an analysis of the concept of integrated tracking, which refers to the capacity to acquire, store, and update information about the identity and location (...) of individuals in our environment. It hypothesizes that certain functions of attention are a key to explaining how the cognitive flexibility of the human mind overcomes the heterogeneity of sources and methods in integrated tracking. At least two premises lend support to this hypothesis. First, heterogeneity of tracking sources is overcome by the combination of information from multiple perceptual modalities and a phenomenon of multisensory 'transparency'. Second, heterogeneity of tracking sources and methods may also be overcome by inferences that combine information across domains to acquire reasons to believe propositions about the target's location and identity. (shrink)

Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.

The thought of Nicolás Gómez Dávila is a great absent in the academic atmosphere of our Nation. This article’s intention is to present its principal assumptions, to measure its argumentative richness that could back up a true philosophical thought in our land. To revise his personal opinions in regards to different issues, such as his critique of democracy, modern rationality, Christianity, among others, might help us as an excuse to read a scholar that, though did not leave an immense production, (...) wrote a most interesting series of annotations and texts, that could appeal to every person interested in knowledge. Through his writings, there can be observed the critical view of a man that was raised in tradition: Philosopher, Christian, polyglot, a self-confessed reactionary. However, there is too a tinge of innovation, that turns his reading into something passionate. Thus, Gómez Dávila challenges his reader to know more, from the exquisiteness of his language he tempts the reader to discover even more... from his annotation he suggests the novelty, based in the tradition of thought of which he is extremely familiar with. (shrink)

This paper explores the work of Nicolas Rashevsky, a Russian émigré theoretical physicist who developed a program in "mathematical biophysics" at the University of Chicago during the 1930s. Stressing the complexity of many biological phenomena, Rashevsky argued that the methods of theoretical physics -- namely mathematics -- were needed to "simplify" complex biological processes such as cell division and nerve conduction. A maverick of sorts, Rashevsky was a conspicuous figure in the biological community during the 1930s and early 1940s: (...) he participated in several Cold Spring Harbor symposia and received several years of funding from the Rockefeller Foundation. However, in contrast to many other physicists who moved into biology, Rashevsky's work was almost entirely theoretical, and he eventually faced resistance to his mathematical methods. Through an examination of the conceptual, institutional, and scientific context of Rashevsky's work, this paper seeks to understand some of the reasons behind this resistance. (shrink)

Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.

What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, (...) meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history. (shrink)

: The central aim of this paper is to offer a historical reconstruction of phenomenological studies on dreaming and to put forward a draft for a phenomenological theory of the dream state. Prominent phenomenologists have offered an extremely valuable interpretation of the dream as an intentional process, stressing its relevance in understanding the complexity of the mental life of subject, the continuous interplay between reality and unreality, and the possibility of building parallel spheres of experience influencing the development of personal (...) identity. Taking into consideration the main characteristics of dream experience emphasized by these scholars, in the final part of the paper I propose to elaborate a new phenomenology of dreaming, which should be able to offer a theoretical description of dream states. My sketched proposal is based on Eugen Fink’s notion of the dream as “presentification”. By combining the past and the present of phenomenological investigation, I aim at suggesting a philosophical framework to explain the intentional features of dreaming as Erlebnis. Keywords : Phenomenology; Dreaming State; Presentification; Erlebnis; Ego La coscienza sognante: un contributo dalla fenomenologia Riassunto : Lo scopo principale di questo articolo è offrire una ricostruzione storica degli studi fenomenologici sul sogno e proporre un abbozzo per una teoria fenomenologia dello stato onirico. Importanti fenomenologi hanno offerto un’interpretazione particolarmente valida del sogno inteso come processo intenzionale, mettendone in rilievo il significato per la comprensione della complessità della vita mentale del soggetto, la continua interazione tra realtà e irrealtà, e la possibilità di costruire sfere parallele di esperienza che esercitano un’influenza sull’identità personale. Prendendo in considerazione le principali caratteristiche dell’esperienza onirica messe in luce da questi studiosi, nella parte finale dell’articolo propongo di elaborare una nuova fenomenologia del sogno, che dovrebbe essere in grado di offrire una descrizione teoretica degli stati onirici. Il mio abbozzo di proposta si basa sulla nozione di “presentificazione” di Eugen Fink. Mettendo insieme il passato e il presente dell’indagine fenomenologica, il mio obiettivo è proporre una cornice filosofica per chiarire le strutture intenzionali del sogno inteso come Erlebnis. Parole chiave : Fenomenologia; Stato onirico; Presentificazione; Erlebnis; Ego. (shrink)

Nicolas Weill propose une lecture stimulante de ces textes qui constituent une des découvertes philosophiques les plus importantes de ces dernières années. La publication des "Cahiers" redonne une actualité brûlante à la question qui divise épigones et détracteurs du penseur allemand : comment continuer à philosopher avec Heidegger sans tenir compte d'une éventuelle contamination de cette philosophie par l'idéologie nazie? Par une analyse sans concession des "Cahiers", en se concentrant sur les Réflexions (tenues par Heidegger de 1931 à 1941) (...) mais tout en cherchant à en dégager les éléments proprement philosophiques, cet ouvrage invite à une approche équilibrée, quitte à "penser avec Heidegger, contre Heidegger", comme le suggérait Jürgen Habermas dès le début des années 1950. Il montre notamment comment l'auteur d'Etre et temps, en inventant une nouvelle forme de philosopher, a poursuivi et prolongé dans ces carnets la critique de la modernité telle qu'elle a été formulée par la "révolution conservatrice" allemande et par Oswald Spengler, le théoricien du déclin de l'Occident. (shrink)

Herbert Lionel Adolphus Hart was born in Yorkshire in 1907 to second generation Jewish immigrants. Having won a scholarship to Oxford University, he went on to become the most famous legal philosopher of the twentieth century. From 1932-40 H.L.A Hart practised as a barrister in London. He was pronounced physically unfit for military service in 1940, and was recruited by MI5, where he worked until 1945. During his time at the Bar he had continued to study philosophy and at M15 (...) his interest was further stimulated by his philosopher colleagues in M16, Stuart Hampshire and Gilbert Ryle. After the war, Hart returned to Oxford to take up a philosophy fellowship, later to become Professor of Jurisprudence. H.L.A Hart single-handedly reinvented the philosophy of law and influenced the nation's thinking in the 1960s on abortion, the legalization of homosexuality, and on capital punishment. Hart's approach to legal philosophy was at once disarmingly simple and breathtakingly ambitious, combining as it did the insights of Austin and Bentham and the new linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to elucidate a concept of law which would be of relevance to all forms of law, wherever or whenever they arose: his bestselling book, The Concept of Law, has sold tens of thousands of copies worldwide. In 1941, he married Jenifer Williams (a high-ranking civil servant, later an Oxford academic) with whom he had four children. Their relationship was an enduring if unconventional one. In the early 1950s, Jenifer was rumoured to be having a long-standing affair with Isaiah Berlin, one of Hart's closest friends. She was also, falsely, accused by the Sunday Times of having been a Russian spy, an allegation which was all the more scandalous given Hart's position at MI5 during the War. Nicola Lacey draws on Hart's previously unpublished diaries and letters to reveal a complex inner life. Outwardly successful, Hart was in fact tormented by doubts about his intellectual abilities, his sexual identity and his capacity to form close relationships. Her biography also sheds fascinating light on the origins of his ideas, and assesses his overall contribution. Above all, it chronicles of a life which had a depth ands impact far greater than many of Hart's readers have realized. (shrink)

Bern, Berlin, Bruxelles, Frankfurt/M., New York, Oxford, Wien Schweizer Asiatische Studien. Monographien. Bd. 43. Herausgegeben von Robert Gassmann. This book deals with the ru, a word too often understood as a reference to 'Confucian literati'. The study consists of two parts. In the first part the author discusses the problem of the origins of the ru and presents the main hypotheses offered by modern Chinese scholars in this respect. The second part examines the status and nature of a number of (...) ru at a very important period in their history, namely the Qin dynasty and the early Han dynasty (3rd to 2nd centuries B.C.), with the interpretation of famous episodes such as the 'execution of literati' in 212, and the so-called 'victory of Confucianism' one century later. Contents: The ru - from early times to the beginning of the twentieth century - HuShi's Shuo ru - Criticism of Hu Shi's Shuo ru - After Hu Shi: variations on the wang guan shuo - Other recent theories on the origins of the ru - The Erudites (boshi) until the early Han dynasty - The execution of 212 B.C. - The ru during Emperor Gaozu's reign - The ru under Emperor Wu's rule. (shrink)

In recent years much research has been undertaken regarding the feasibility of the human uterine transplant as a treatment for absolute uterine factor infertility. Should it reach clinical application this procedure would allow such individuals what is often a much-desired opportunity to become not only social mothers, or genetic and social mothers but mothers in a social, genetic and gestational sense. Like many experimental transplantation procedures such as face, hand, corneal and larynx transplants, UTx as a therapeutic option falls firmly (...) into the camp of the quality of life transplant, undertaken with the aim, not to save a life, but to enrich one. However, unlike most of these novel procedures – where one would be unlikely to find a willing living donor or an ethics committee that would sanction such a donation – the organs to be transplanted in UTx are potentially available from both living and deceased donors. In this article, in the light of the recent nine-case research trial in Sweden which used uteri obtained from living donors, and the assertions on the part of a number of other research teams currently preparing trials that they will only be using deceased donors, I explore the question of whether, in the case of UTx, there exist compelling moral reasons to prefer the use of deceased donors despite the benefits that may be associated with the use of organs obtained from the living. (shrink)

To generations of lawyers, H. L. A. Hart is known as the twentieth century's greatest legal philosopher. Whilst his scholarship revolutionized the study of law, as a social commentator he gave intellectual impetus to the liberalizing of society in the 1960s. But behind his public success, Hart struggled with demons. His Jewish background, ambivalent sexuality, and unconventional marriage all fuelled his psychological complexity; allegations of espionage, though immediately quashed, nearly destroyed him. Nicola Lacey s biography explores the forces that shaped (...) an extraordinary life. (shrink)

When attempting to determine which of our acts affect future generations and which affect the identities of those who make up such generations, accounts of personal identity that privilege psychological features and person affecting accounts of morality, whilst highly useful when discussing the rights and wrongs of acts relating to extant persons, seem to come up short. On such approaches it is often held that the intuition that future persons can be harmed by decisions made prior to their existence is (...) mistaken as identity is a most fragile thing with even the smallest differences in the conditions under which we procreate affecting not the interests of distinct future persons, but the identities of those who will come to exist in the future. Within this paper I reject this view, holding that a subscription to these two accounts need not result in the conclusion that virtually all acts relating to possible persons are permitted. Further, I argue that such accounts may in fact allow a great deal more scope for the determination of prenatal harms than accounts of personal identity that privilege physical features. Finally, by interpreting claims regarding causal identity such as Parfit’s Time Dependence Claim in terms of Counterpart Theory I suggest that a solution to the non-identity problem can be found in the acceptance of, as relevant in prenatal cases, three kinds of objective similarity relations: Biological, Environmental and Decisional counterpart relations. (shrink)

In order to describe the logic of morality, "contractualist" philosophers have studied how individuals behave when they choose to follow their moral intuitions. These individuals, contractualists note, often act as if they have bargained and thus reached an agreement with others about how to distribute the benefits and burdens of mutual cooperation. Using this observation, such philosophers argue that the purpose of morality is to maximize the benefits of human interaction. The resulting "contract" analogy is both insightful and puzzling. On (...) one hand, it captures the pattern of moral intuitions, thus answering questions about human cooperation: why do humans cooperate? Why should the distribution of benefits be proportionate to each person's contribution? Why should the punishment be proportionate to the crime? Why should the rights be proportionate to the duties? On the other hand, the analogy provides a mere as-if explanation for human cooperation, saying that cooperation is "as if" people have passed a contract-but since they didn't, why should it be so? To evolutionary thinkers, the puzzle of the missing contract is immediately reminiscent of the puzzle of the missing "designer" of life-forms, a puzzle that Darwin's theory of natural selection essentially resolved. Evolutionary and contractualist theory originally intersected at the work of philosophers John Rawls and David Gauthier, who argued that moral judgments are based on a sense of fairness that has been naturally selected. In this book, Nicolas Baumard further explores the theory that morality was originally an adaptation to the biological market of cooperation, an arena in which individuals competed to be selected for cooperative interactions. In this environment, Baumard suggests, the best strategy was to treat others with impartiality and to share the costs and benefits of cooperation in a fair way, so that those who offered less than others were left out of cooperation while those who offered more were exploited by their partners. It is with this evolutionary approach that Baumard ultimately accounts for the specific structure of human morality. (shrink)

The paper aims at analyzing the inner development of self-identity from its pre-reflective level to the full awareness one. The recent findings of neurosciences and cognitive studies suggest focusing attention on the complex relation between self as consciousness and self as subjectivity, both with regard to their interdependency and to their reference to a shared context. Phenomenology, thanks to the careful consideration of the issues regarding the constitution of mental life articulated by its classic researches and current inquires, offers a (...) valuable opportunity to set the scientific outcomes in an authentically philosophical perspective. (shrink)

The method of the transcendental reduction, which takes place as a return revealing the subjectivity to itself, makes possible to grasp the link connecting the worldly reality and the egological dimension, i.e. the world’s becoming in the ways of the originally subjective constitution. The legitimate aim of the psychological experience to understand the basic structures of the life-consciousness can find in the conceptual figure of the phenomenological reduction both a valid methodological approach and a useful terms of comparison.

This paper demonstrates the central role of the Socratic elenchus in the Sophist. In the first part, I defend the position that the Stranger describes the Socratic elenchus in the sixth division of the Sophist. In the second part, I show that the Socratic elenchus is actually used when the Stranger scrutinizes the accounts of being put forward by his predecessors. In the final part, I explain the function of the Socratic elenchus in the argument of the dialogue. By contrast (...) with standard scholarly interpretations, this way of reading the text provides all the puzzles about being (241c4–251a4) with a definite function in the dialogue. It also reveals that Plato’s methodology includes a plurality of method and is more continuous than what is often believed. (shrink)

Shortlisted for the 2005 British Academy Book prize, Nicola Lacey's entrancing biography recounts the life of H.L.A. Hart, the pre-eminent legal philosopher of the twentieth century. Following Hart's life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fame as the most influential English-speaking legal theorist of the post-War era, the book traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, from government intelligence officer to Professor of Jurisprudence, from awkward batchelor to family figurehead. (...) In the tradition of Ray Monk's biography of Wittgenstein, Nicola Lacey paints an absorbing picture of intellectual and psychological development, of a mind struggling to cope with intellectual self-doubt, uncertain sexuality, a difficult marriage and an anti-semitic society. In depicting the evolution of Hart's life and mind, Lacey provides a vivid recreation of both the intellectual and social climate of Oxford in the post-War era. (shrink)

ABSTRACT John Rawls proposed two criteria for the delimitation of acceptable inequalities. The universal gain principle requires inequalities to be beneficial for all, and the difference principle requires them to be beneficial for the least advantaged. These principles are commonly believed to have originated in Rawls’s work, but they were both clearly expressed in the writings of Nicolas de Condorcet. Contrary to Rawls, Condorcet did not imbed them in the framework of a social contract, but instead sought their foundations (...) in natural rights. Whereas Rawls recommends us to find out what social arrangements rational reasoners would choose in a hypothetical pre-social situation, Condorcet proposes that we ask the underprivileged in our society whether or not they consider themselves to benefit from the prevailing social and economic inequalities. Thus, Condorcet’s original version of the difference principle puts social inequalities to a different test than its latter-day, hypothetical version. (shrink)

Has the time come to put to bed the concept of a harm threshold when discussing the ethics of reproductive decision making and the legal limits that should be placed upon it? In this commentary, we defend the claim that there exist good moral reasons, despite the conclusions of the non-identity problem, based on the interests of those we might create, to refrain from bringing to birth individuals whose lives are often described in the philosophical literature as ‘less than worth (...) living’. (shrink)

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...) reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)

Research seeking a scientific foundation for the theory of art appreciation has raised controversies at the intersection of the social and cognitive sciences. Though equally relevant to a scientific inquiry into art appreciation, psychological and historical approaches to art developed independently and lack a common core of theoretical principles. Historicists argue that psychological and brain sciences ignore the fact that artworks are artifacts produced and appreciated in the context of unique historical situations and artistic intentions. After revealing flaws in the (...) psychological approach, we introduce a psycho-historical framework for the science of art appreciation. This framework demonstrates that a science of art appreciation must investigate how appreciators process causal and historical information to classify and explain their psychological responses to art. Expanding on research about the cognition of artifacts, we identify three modes of appreciation: basic exposure to an artwork, the artistic design stance, and artistic understanding. The artistic design stance, a requisite for artistic understanding, is an attitude whereby appreciators develop their sensitivity to art-historical contexts by means of inquiries into the making, authorship, and functions of artworks. We defend and illustrate the psycho-historical framework with an analysis of existing studies on art appreciation in empirical aesthetics. Finally, we argue that the fluency theory of aesthetic pleasure can be amended to meet the requirements of the framework. We conclude that scientists can tackle fundamental questions about the nature and appreciation of art within the psycho-historical framework. (shrink)

Despite intensive exegetical work, Plato’s description of dialectic in the Sophist still raises many questions. Through a close reading of this passage that contextualizes it in the general organisation of the Sophist, this paper provides answers to these questions. After presenting the difficult text, I contend that the “vowel-kinds” are necessary conditions for the blending of kinds. Then, I interpret the “cause of divisions” mentioned by the Stranger as the kinds responsible of the dichotomous division in the first half of (...) the dialogue. In the next part, I show that 235d5-e2 does not describe a procedure of “meta-divison” as some commentators have it, but that it describes the method of division itself. Finally, I connect the difficulty and the obscurity of the passage to the fact that dialectic is the supreme science and I explain why dialectic is the science of free men. (shrink)

Nicolas Coldstream was a tall but not lofty person. His manner indeed was that of a quiet and thoughtful member of the old-school type, and this certainly was occasionally misinterpreted. Coldstream tended to couch his disagreements in terms well known from the Yes Minister repertoire: ‘I am not quite sure that I can follow you completely on that’. His deliberate and seemingly at times slow responses were however always to the point, and couched in readily understandable terms; his students (...) always valued the meticulous detail that he could bring to their work, as he did in his publications. Academically Coldstream concentrated on the essentials of gathering physical evidence and interpreting them in historical terms, be they art-historical or broadly political. He regarded both his basic books, Greek Geometric Pottery: a Survey of Ten Local Styles and their Chronology and Geometric Greece as historical contributions; certainly nobody working in the field can afford to ignore either. (shrink)

Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of ‘just deserts’. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution of responsible agency in (...) relation to the offence, and the appropriateness of blame. By contrast, effective clinical treatment of disorders of agency employs a conceptual framework in which ideas of responsibility and blameworthiness are clearly separated from what we call ‘affective blame’: the range of hostile, negative attitudes and emotions that are typical human responses to criminal or immoral conduct. We argue that taking this clinical model of ‘responsibility without blame’ into the legal realm offers new possibilities. Theoretically, it allows for the reconciliation of the idea of ‘just deserts’ with a rehabilitative ideal in penal philosophy. Punishment can be reconceived as consequences—typically negative but occasionally not, so long as they are serious and appropriate to the crime and the context—imposed in response to, by reason of, and in proportion to responsibility and blameworthiness, but without the hard treatment and stigma typical of affective blame. Practically, it suggests how sentencing and punishment can better avoid affective blame and instead further rehabilitative and related ends, while yet serving the demands of justice. (shrink)

En este artículo discutimos la tesis de Jc Beall según la cual no hay negación lógica. Evaluamos la solidez del argumento con el que defiende su tesis y presentamos dos razones para rechazar una de sus premisas: que la negación tiene que ser excluyente o exhaustiva. La primera razón involucra una presentación alternativa de las reglas de la negación en sistemas de secuentes diferentes al que Beall presupone. La segunda razón establece que la negación no tiene que ser excluyente o (...) exhaustiva. (shrink)