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

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

Introduction: Conversion and the practice of transformation -- The philosophical structure of Jonathan Edwards's religious affections -- Habit, habit change, and conversion in C.S. Peirce -- Reconstructing faith : religious overcoming in Dewey's pragmatism -- Transforming obligation in William James -- Dwelling in absence: the reflective origin of conversion -- Creative transformation : the work of conversion -- The evasion of conversion in recent American philosophy.

In response to the increasing number of mentally ill people experiencing homelessness, some policy‐makers have called for the expanded use of involuntary commitment, even for individuals who are not engaging in behaviors that are immediately life‐threatening. Yet there is no evidence that involuntary commitment offers long‐term benefits, and significant reasons to believe that expanding the practice will cause harm. In addition, these proposals ignore research showing that most people with mental illness have the capacity to make medical decisions for themselves. (...) Rather than expanding the use of involuntary commitment, policy‐makers should support approaches proven to decrease the prevalence of homelessness, such as supportive housing. In addition, states should reevaluate their commitment standards for persons who pose no risk of harm to others. One promising approach is Northern Ireland's Mental Health Capacity Act of 2016, which establishes a uniform standard for imposing nonconsensual health care interventions, without any distinction between mental illnesses and other conditions in which capacity might be compromised. (shrink)

This paper presents a discussion of an apparent inconsistency between Hume's moral theory and his moral evaluations of historical characters in his History of England. While Hume considers enthusiasm to be a religious vice, he praises the characters of some historical enthusiasts, blames others, and regards enthusiasm as having a positive social effect. But according to Hume's moral theory, only a virtue can have positive social effect, or be praiseworthy. The paper refers to the inconsistency between the History and the (...) moral theory as the ‘enthusiasm puzzle’. The paper concludes by explaining the inconsistency as being rooted in a problem with Hume's moral theory. (shrink)

This paperback edition is fully updated with new chapters on the livestoick crisis, fishing and BSE and a layman's guide introduction to philosophical concepts, ...

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

Argues that the only way to understand the Confucian vision of the consummate moral life is to take the tradition on its own terms.

Roger North's The Musicall Grammarian 1728 is a treatise on musical eloquence in all its branches. Of its five parts, I and II, on the orthoepy, orthography and syntax of music, constitute a grammar; III and IV, on the arts of invention and communication, form a rhetoric; and V, on etymology, consists of a history. Two substantial chapters of commentary introduce the text, which is edited here for the first time in its entirety: Jamie Kassler places his treatise within (...) the broader context not only of North's musical and non-musical writings but also their relation to the intellectual ferment of the seventeenth and eighteenth centuries and Mary Chan describes physical and textual aspects of the treatise as evidence for North's processes of thinking about musical thinking. (shrink)

Descartes and the last Scholastics: objections and replies -- Descartes and the Scotists -- Ideas, before and after Descartes -- The Cartesian destiny of form and matter -- Descartes, Basso, and Toletus: three kinds of Corpuscularians -- Scholastics and the new astronomy on the substance of the heavens -- Descartes and the Jesuits of La Fleche: the Eucharist -- Condemnations of Cartesianism: the extension and unity of the universe -- Cartesians, Gassendists, and censorship -- The cogito in the seventeenth century.

This article will examine the case of Ms B, a woman with tetraplegia for a year, who, prior to rehabilitation or return to community life, sought a ruling that doctors may turn off her ventilator. The authors are people with disabilities. Their analysis focuses on the manner in which the High Court framed the case in terms of mental capacity, addressed the issue of suicide and ambivalence, and resolved informed consent and treatment alternative issues. While the disability community in the (...) US does not oppose the general right to refuse treatment, there is significant concern about lack of informed consent and denial of desired treatment alternatives, and the cavalier manner in which these factors have been dismissed. (shrink)

This volume brings together much of the most influential work undertaken in the field of virtue ethics over the last four decades. The ethics of virtue predominated in the ancient world, and recent moral philosophy has seen a revival of interest in virtue ethics as a rival to Kantian and utilitarian approaches to morality. Divided into four sections, the collection includes articles critical of other traditions; early attempts to offer a positive vision of virtue ethics; some later criticisms of the (...) revival of virtue ethics; and, finally, some recent, more theoretically ambitious essays in virtue ethics. (shrink)

Anthropology continues to develop both in terms of theory and in relation to the ways in which fieldwork is conducted. Dislocating Anthropology? seeks to capture and represent these developments through a collection of ethnographic essays that are cutting edge, but which do not represent a complete break with what has gone before. In recent years anthropologists have increasingly come to accept that fieldwork in bounded and discrete places is no longer tenable. People can no longer be represented in these static, (...) parochial terms. At the start of the 21st century, and with the possibility of internet connections almost anywhere, we have the potential to move even when we are stationary. Each of the contributors to this collection have identified and attempted to understand sets of relationships that are both temporally and spatially dynamic, that appear to flow into and out of 'the field.' Together, the chapters shed light on a number of methodological conundrums, or dislocations, relating, for example, to locality, identity, fieldwork, and reflexivity. The book is concerned with dislocation as both practice and process, and as such extends a theme that has arguably been central to Anthropology since Malinowski's Trobriand ethnography. (shrink)

This paper examines the problems that may arise, particularly for military personnel, when the requirements of doing one's duty seem to come into conflict with the demands of loyalty. This conflict is especially problematic because loyalty is often seen, especially by serving military personnel, as the highest of military virtues. The paper introduces a categorisation of ethical issues into two main types, which are referred to as ‘ethical dilemmas’ and ‘tests of integrity’ which is then used to clarify the issues (...) involved when duty and loyalty come into conflict. It is argued that a true understanding of loyalty and disloyalty means that the demands of loyalty can never legitimately override a genuine duty to follow orders. (shrink)

Background Biobanking and genomic research requires collection and storage of human tissue from study participants. From participants’ perspectives within the African context, this can be associated with fears and misgivings due to a myriad of factors including myths and mistrust of researchers. From the researchers angle ethical dilemmas may arise especially with consenting and sample reuse during storage. The aim of this paper was to explore these ethical considerations in the establishment and conduct of biobanking and genomic studies in Africa. (...) Methods We conducted a narrative synthesis following a comprehensive search of nine (9) databases and grey literature. All primary research study designs were eligible for inclusion as well as both quantitative and qualitative evidence from peer reviewed journals, spanning a maximum of 20 years (2000–2020). It focused on research work conducted in Africa, even if data was stored or analysed outside the region. Results Of 2,663 title and abstracts screened, 94 full texts were retrieved and reviewed for eligibility. We included 12 studies (7 qualitative; 4 quantitative and one mixed methods). Ethical issues described in these papers related to community knowledge and understanding of biobanking and genomic research, regulation, and governance of same by research ethics committees, enrolment of participants, types of informed consents, data collection, storage, usage and sharing as well as material transfer, returning results and benefit sharing. ca. Biospecimen collection and storage is given in trust and participants expect confidentially of data and results generated. Most participants are comfortable with broad consent due to trust in researchers, though a few would like to be contacted for reconsenting in future studies, and this would depend on whether the new research is for good cause. Sharing data with external partners is welcome in some contexts but some research participants did not trust foreign researchers. Conclusion Biobanking and genomic studies are a real need in Africa. Linked to this are ethical considerations related to setting up and participation in biobanks as well as data storage, export, use and sharing. There is emerging or pre-existing consensus around the acceptability of broad consent as a suitable model of consent, the need for Africans to take the lead in international collaborative studies, with deliberate efforts to build capacity in local storage and analysis of samples and employ processes of sample collection and use that build trust of communities and potential study participants. Research ethics committees, researchers and communities need to work together to work together to adapt and use clearly defined ethical frameworks, guidelines, and policy documents to harmonize the establishment and running of biobanking and genomic research in Africa. (shrink)

Home care is one of the fastest‐growing industries in the United States, providing valuable opportunities for millions of older adults and people with disabilities to live at home rather than in institutional settings. Home care workers assist clients with essential activities of daily living, but their wages and working conditions generally fail to reflect the importance of their work. Drawing on the work of Eva Feder Kittay and other care ethicists, we argue that good care involves attending to the needs (...) of another out of a concern for their well‐being. Such care should be standard in the home care system. Yet, because of the pervasive racial, gender, and economic inequalities that the home care industry perpetuates, home care workers and their clients cannot reasonably be expected to care about each other. We endorse reforms aimed at enabling home care workers and their clients to form and maintain professional relationships that cultivate care.. (shrink)

This book is an interdisciplinary study of the fundamental normative issues underpinning immigration policy. Economists, political scientists and philosophers address issues such as the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration, the size and distribution of economic losses and gains, and the legitimacy of discriminating against potential immigrants in favour of members of the resident population. The need for serious philosophical consideration of this (...) subject is beyond question. This volume should advance discussion in an area of great practical as well as philosophical importance. (shrink)

Some believe that it is immoral to harm animals, but it is not immoral to kill humanely raised domesticated animals. Implicit in this is the assumption that it is possible to raise and slaughter animals without harming them significantly. In recent years, a number of philosophers – DeGrazia, Harman, Bradley, and others – have claimed that slaughter harms an animal in proportion to the amount of valuable future life that an animal loses in dying, which seems to challenge this assumption. (...) But a question remains: how much are domesticated animals, particularly humanely raised ones, harmed by their slaughter? Here, I take up this question. My answer may be surprising: in ordinary circumstances, slaughter hardly deprives humanely raised animals of any good life, and so is not very harmful to them. This result may strengthen the case for humane slaughter – or it may give us reason to revise our understanding of the harmfulness of death. (shrink)

In this lucid and engaging introductory volume on the nature of society, Roger Trigg examines the scientific basis of social science and shows that philosophical presuppositions are a necessary starting point for the study of society.

_The Undiscovered Dewey_ explores the profound influence of evolution and its corresponding ideas of contingency and uncertainty on John Dewey's philosophy of action, particularly its argument that inquiry proceeds from the uncertainty of human activity. Dewey separated the meaningfulness of inquiry from a larger metaphysical story concerning the certainty of human progress. He then connected this thread to the way in which our reflective capacities aid us in improving our lives. Dewey therefore launched a new understanding of the modern self (...) that encouraged intervention in social and natural environments but which nonetheless demanded courage and humility because of the intimate relationship between action and uncertainty. Melvin L. Rogers explicitly connects Dewey's theory of inquiry to his religious, moral, and political philosophy. He argues that, contrary to common belief, Dewey sought a place for religious commitment within a democratic society sensitive to modern pluralism. Against those who regard Dewey as indifferent to moral conflict, Rogers points to Dewey's appreciation for the incommensurability of our ethical commitments. His deep respect for modern pluralism, argues Rogers, led Dewey to articulate a negotiation between experts and the public so that power did not lapse into domination. Exhibiting an abiding faith in the reflective and contestable character of inquiry, Dewey strongly engaged with the complexity of our religious, moral, and political lives. (shrink)

My intention is to show that, starting from an empiricist philosophy of mind, it is possible to give a systematic account of aesthetic experience. I argue that empiricism involves a certain theory of meaning and truth; one problem is to show how this theory is compatible with the activity of aesthetic judgment. I investigate and reject two attempts to delimit the realm of the aesthetic: one in terms of the individuality of the aesthetic object, and the other in terms of (...) 'aesthetic properties'. I go on to argue that aesthetic descriptions must not be thought to ascribe properties to their objects, and I show how the suggestion that they are non-descriptive need not conflict with the empiricist view of meaning. The problem is then seen to lie with the analysis of the 'acceptance-conditions' of aesthetic descriptions. I counter certain idealist objections to this approach, and then present a theory of imagination, in terms of which the acceptance conditions of aesthetic judgments may be described. This theory attempts to explain how the element of thought in aesthetic appreciation may become inseparable from an experience of its object, and how the aesthetic emotions are both like and unlike their equivalents in life. The first part concludes with an analysis of the general conditions of aesthetic experience. I try to show that aesthetic experience can be described in terms of certain 'formal' properties, independently of its material object. In the second part I am concerned to show that this empiricist theory of aesthetics does not, like most empiricist theories, make nonsense of our appreciation of art. First, I attempt to show that 'understanding' art is not merely a cognitive process, but involves certain experiences that can be accounted for in terms of the previous theory. I then analyse the concepts of representation and expression, and in the course of this analysis I attempt to refute what I take to be the most serious rival analysis of our appreciation of art - the semantic theory. (shrink)

David Hume's Dialogues concerning Natural Religion, first published in 1779, is one of the most influential works in the philosophy of religion and the most artful instance of philosophical dialogue since the dialogues of Plato. It presents a fictional conversation between a sceptic, an orthodox Christian, and a Newtonian theist concerning evidence for the existence of an intelligent cause of nature based on observable features of the world. This new edition presents it together with several of Hume's other, shorter writings (...) about religion, and with brief selections from the work of Pierre Bayle, who influenced both Hume's views on religion and the dialectical style of the Dialogues. The volume is completed by an introduction which sets the Dialogues in its philosophical and historical contexts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 30.1 (2006) 299-309 [Access article in PDF] Conscious Fiction Mary Clayton Coleman Bard College Consciousness and the Novel: Connected Essays, by David Lodge; 320 pp. Cambridge, Mass.: Harvard University Press, 2002, $24.95 boards, $16.95 paper. Fictional Minds, by Alan Palmer; 275 pp. Lincoln and London: University of Nebraska Press, 2004, $45.00. Radiant Cool: A Novel Theory of Consciousness, by Dan Lloyd; 357 pp. Cambridge, Mass.: (...) The MIT Press, 2004, $24.95 boards, $14.95 paper. What contributions can fiction make to the representation and investigation of conscious experience? Might fiction help us to develop and advance new theories about the nature of consciousness? And might such theories, in turn, inform our understanding of the process of reading fiction? Three recent volumes—one by English critic and novelist, David Lodge; another by literary theorist, Alan Palmer; and a third by philosopher and (now) novelist, Dan Lloyd—raise these important, genre-bending questions, and they offer challenging if not always convincing answers to them. More generally, these volumes make valuable contributions to the fruitful cross-pollination that has developed between philosophers, scientists, literary theorists, and novelists who are interested in the nature of consciousness.Lodge's new collection of essays is called Consciousness and the Novel: Connected Essays, and like all of the criticism he has written since the late eighties, this volume is intended for a general audience, not for [End Page 299] literary theorists. The title essay, "Consciousness and the Novel," is a revised version of the Richard Ellman Lectures in Modern Literature that Lodge gave at Emory University in 2001, and the other nine essays, all previously published, cover such topics as Howards End; the novels of Evelyn Waugh; The Letters of Kingsley Amis; Martin Amis's memoir, Experience; and the relationship between literature and criticism. I will focus on "Consciousness and the Novel."Lodge's thesis in this essay is that novels play an essential role in our exploration of the nature of human consciousness. This thesis is certainly true, but it is also entirely banal. Much more interesting is what Lodge says in support of it. He argues that because of the unique representative possibilities of the novel, conscious experiences can be represented more effectively in novels than they can be in scientific writing. Taken literally, as an assertion about the relative representational power of novels and scientific discourse, this is extremely implausible. However, taken more loosely—as an invitation to those of us interested in consciousness to take a closer look at the ways conscious experiences are represented in novels—Lodge's claim is sensible and appealing. I will consider the literal reading of Lodge's claim first and then turn to the looser one.It is undoubtedly true that, as a whole, novelists devote more energy to representing conscious experiences than writers of scientific discourse do. However, science writers can use whatever techniques best serve their aims, including the aim of describing conscious experiences, so there is no reason to think that conscious experiences can, in principle, be represented more effectively in novels than in broadly scientific discourse. Given that Lodge discusses such creative science writers as Antonio Damasio, Daniel Dennett, and Steven Pinker in the course of his essay, it is surprising and disappointing to find him caricature scientific writing in the following way: "science... is a third-person discourse. The first-person pronoun is not used in scientific papers. If there were any hint of qualia in a scientific paper... it would be edited out" (p. 11). Qualia are the supposedly subjective qualitative aspects of conscious experiences. How the plucked string of a cello sounds to you; how the rotting fish in the garbage smells to you; and how it feels for you to inch down into the smooth, almost-too-hot water of a perfect bubble bath—these are all (supposedly) examples of qualia. Lodge is simply mistaken when he says that there is no hint of qualia in scientific writing. There is no consensus about whether qualia can be explained scientifically. In fact, there is no consensus about whether they exist. [End Page... (shrink)

Brings together essays on the philosophy of art in which a philosophical theory of aesthetic judgment is tested and developed through its application to particular examples. Each essay approaches, from its own field of study, what Roger Scruton argues to be the central problems of aesthetics -- what is aesthetic experience, and what is its importance for human conduct? The book is divided into four parts. The first contains a resume of modern analytical aesthetics, which also serves as an (...) introduction to subsequent chapters. It also includes an essay that reviews current theories of literary criticism. The second part is devoted to musical aesthetics and contains the theoretical core of the work. Here Scruton describes the contours of aesthetic understanding, and defends the view that the object of aesthetic experience is inherently significant, even when it has no "content" that can be described in propositional terms. He rebuts the view that music is representational, and in the third part goes on to propose a theory of representation whereby to refute the suggestion that photography is a representational art. This third section also contains a study of film. The final part comprises essays relating aesthetic judgment to the understanding of culture, humor, and design. It covers many subjects, including the prose works of Samuel Beckett and the architecture of Leninism. The essays in this book form parts of a single intellectual enterprise, which is to give analytical foundations to the criticism of literature, visual art, music, and culture. (shrink)

In this acclaimed work, first published in 1986, world-renowned scholar Arthur C. Danto explored the inextricably linked but often misunderstood relationship between art and philosophy. In light of the book's impact--especially the essay "The End of Art," which dramatically announced that art ended in the 1960s--this enhanced edition includes a foreword by Jonathan Gilmore that discusses how scholarship has changed in response to it. Complete with a new bibliography of work on and influenced by Danto's ideas, _The Philosophical Disenfranchisement of (...) Art_ continues to be of interest to anyone who thinks seriously about art, as well as to philosophers, aestheticians, and art historians. (shrink)

This volume contains eighteen essays by established and younger historians that examine non-democratic alternative political systems and ideologies--oligarchies, monarchies, mixed constitutions--along with diverse forms of communal and regional associations such as ethnoi, amphiktyonies, and confederacies. The papers, which span the length and breadth of the Hellenic world highlight the immense political flexibility and diversity of ancient Greek civilization.

This classic book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.

This book is intended as an equivalent to or substitute for that "more reflective reading" which Rousseau considered essential to an understanding of his ideas. It is designed to complement perusal of the texts themselves, and the arrangement is such that chapters on each of Rousseau's major writings can be consulted separately or the commentary may be read through in sequence. The author's purpose is not to present a "key" to Rousseau's political philosophy, but rather to explore the works themselves (...) in an effort to reveal Rousseau's "system," from which the reader may then draw his own conclusions. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)