This anthology applies phenomenological concepts and methods to issues of philosophical theology and philosophical theology and philosophy: the being and nature of God, and the divine modes of relatedness to nature, to society, and to the self. Essays in Phenomenological Theology contains previously unpublished papers by Iso Kern, J. N. Findlay, Charles Courtney, Thomas Prufer, Robert Williams, James Hart, Steven Laycock, and James Buchanan. It is the first volume to assemble an entire spectrum of phenomenological-theological ideas, including those (...) of neo-Platonic meditation, phenomenological neo-Thomism, Hegelian phenomenological dialectics, Husserlian transcendental reflection, and post-modern deconstructive iconoclasm. The book will be useful to philosophers and theologians seeking an enriched understanding of the rapidly-burgeoning discipline of phenomenological theology, and promises unexpected insights even to seasoned phenomenologists seeking to expand their horizons. (shrink)

Engineering educators have long discussed the need to teach professional responsibility and the social context of engineering without adding to overcrowded curricula. One difficulty we face is the lack of appropriate teaching materials that can fit into existing courses. The PRiME (Professional Responsibility Modules for Engineering) Project (http://www.engr.utexas.edu/ethics/primeModules.cfm) described in this paper was initiated at the University of Texas, Austin to provide web-based modules that could be integrated into any undergraduate engineering class. Using HPL (How People Learn) theory, PRiME developed (...) and piloted four modules during the academic year 2004–2005. This article introduces the modules and the pilot, outlines the assessment process, analyzes the results, and describes how the modules are being revised in light of the initial assessment. In its first year of development and testing, PRiME made significant progress towards meeting its objectives. The PRiME Project can strengthen engineering education by providing faculty with an effective system for engaging students in learning about professional responsibility. (shrink)

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

In debating Patrick Devlin, H. L. A. Hart claimed that the “modern form” of the debate over the legal enforcement of morals centered on the “significance to be attached to the historical fact that certain conduct, no matter what, is prohibited by a positive morality.” This form of the debate was politically important in 1963 in Britain and America, and it remains politically important in these countries today and elsewhere; but it is not the philosophically most interesting form the (...) debate can take. An older form of the debate appealed to natural law or critical morality. It centered on the question of whether political authorities could properly use the criminal law to enforce critical morality, including prohibitions on conduct that was not harmful or disrespectful to others. This paper engages with this older form of the debate. It offers some reasons for thinking that there is a presumption in favor of the view that it is a proper function of the criminal law to enforce critical morality, including that part of critical morality that is not directly concerned with preventing harm or disrespect to others. It then defends this presumption against some arguments recently pressed by Ronald Dworkin. (shrink)

Although this piece was inspired by the kinds of legal puzzles discussed by Hart and Honore in Causation in the Law, the puzzle cases presented here are intended to test the reader's intuitions about what constitutes murder. Play along!

In this dissertation I argue that the concept of a moral right is best explicated by means of the concept of morally legitimate coercion. This thesis, which I call the enforceability thesis, says that to have a right is to have a claim such that one would be justified in pursuing a course of action up to and including harm should the claim be dissatisfied. I contend that this thesis, if it is true, explains much about our intuitions concerning moral (...) rights, accounts for the historical importance of rights-talk in the context of events such as revolutions and political reforms, and explains why rights are a necessary part of the moral vocabulary. If rights do not set out conditions under which coercion is morally appropriate, then they do nothing that other moral concepts could not do. ;Drawing on the work of H. L. A. Hart, John Rawls, and others, I argue that the philosophical strength and practical efficacy of rights on the enforceability thesis is best realized when rights are treated as action-guiding principles set within a framework of moral decision making under reflective equilibrium. Using the process of reflective equilibrium as a backdrop, I argue that rights can have sufficient normative force to play an important role in moral and political theory without being either impracticably stringent or subject to so many exceptions that they lose their efficacy. ;With this background in place I next set out and argue for a view of human rights which, because human rights turn out to be best understood as rights to primary goods, I call the theory of primary rights. The account I give of primary rights emphasizes their justificatory place in arguments for coercion, their importance to the moral integrity of the individual, and the practical applicability of the overarching theory of rights developed in this dissertation. (shrink)

During the 1950s and 1960s, Patrick Devlin and H.L.A. Hart engaged in a heated intellectual exchange over the bases and limits of toleration in democratic societies. By most accounts, Hart is said to have won the debate by successfully refuting Devlin's ‘disintegration thesis’ in favour of liberal principles of political morality. This article draws attention to an unnoticed but essential element in Devlin's case: an appeal to certain principles of democracy. Although Hart is on firm ground in (...) rejecting the disintegration thesis, Devlin's democratic argument confronts Hart with a potentially devastating contradiction, for it rests on a value that liberals themselves accept — that is, equality. Because both supporters and critics of Devlin overlook the element in the debate that poses the most interesting questions about the relation between liberalism and democracy, contemporary students of liberal-democratic thought have good reason to revisit this classic debate. (shrink)

The main previous analyses of punishment by Hart, Feinberg and Wasserstrom are considered and criticized. One persistent fault is the neglect of the idea that in punishment the person subjected to it is represented as having no valid excuse for wrongdoing. A new analysis is proposed which attempts to specify in what sense punishment by its very nature is retributive, as Wasserstrom has asserted. Certain problematic cases such as strict liability offenses and pre-trial detention are considered in light of (...) the new analysis. (shrink)

In Lands of Likeness, philosopher, theologian, and poet Kevin Hart utilizes the history of Christian thought and secular philosophy to develop a novel and profound hermeneutics of contemplation. Drawing in particular on the work of Arthur Schopenhauer, Samuel Taylor Coleridge, and Edmund Husserl, Hart traces the development of notions of contemplation in modernity and refines the approaches he finds there. Utilizing his refined approach, Hart trains our attention on modern poems from G. M. Hopkins, Wallace Stevens, A. (...) R. Ammons, Geoffrey Hill and others as sites for a kind of contemplative reading that phenomenology can make precise. Delivered in its original form as the prestigious Gifford Lectures, Lands of Likeness is a revelatory meditation on contemplation for the modern world. (shrink)

Stevens has presented a “lusty embryonic” Science of Science, as having arisen out of “operationism as a revolution against absolute and undefinable concepts in physics, behaviorism as a revolution against dualistic mentalism in psychology, and Logical Positivism as a revolution against rational metaphysics in philosophy.”.

Sometimes the fact that something is the law can be justified by the law. For example, the Sarbanes-Oxley Act is the law because it was enacted by Congress pursuant to the Commerce Clause. But eventually legal justification of law ends. The ultimate criteria of validity in a legal system cannot themselves be justified by law. According to H.L.A. Hart, justification of these ultimate criteria is still available, by reference to social facts concerning official acceptance - facts about what (...) class='Hi'>Hart calls the "rule of recognition" for the system. -/- Drawing upon criticisms of sociological accounts of the law that can be found in the writings of Hans Kelsen, I argue in this essay that Hart's approach cannot account for statements about the law that assert the independence of legal validity from rule of recognition facts. I offer as an alternative a legal quietist approach, which can account for such statements. For the quietist, legal justification exhausts the possible justification for law. If our judgments about the law are fundamental, in the sense that they cannot be justified by other judgments about the law, then they have no justification (which is not to say that they should be abandoned). I argue that legal quietism is exemplified - if somewhat imperfectly - in Kelsen's writings, and I end the essay by exploring some difficulties that the quietist approach must face. (shrink)

CONTENTS James G. Hart: Wisdom, Knowledge, and Reflective Joy: Aristotle and Husserl Wayne Martin: Judgment Stroke-Truth Predicate: Frege and the Phenomenology of Judgment David R. Cerbone: Distance and Proximity in Phenomenology: Husserl and Heidegger Ra·l GutiTrrez: "The Logic of Decadence": Deficient Forms of Government in the Republic Heribert Boeder: Derrida's Endgame Jacques Derrida: Phenomenology and the Closure of Metaphysics (1966) Hans Rainer Sepp: Jan Patocka and Cultural Difference Carl Friedrich Gethmann: Hermeneutic Phenomenology and Logical Intuitionism: On Oskar Becker's Mathematical (...) Existence Essays in Honor of Heribert Boeder by Dennis J. Schmidt, Claus-Artur Scheier, Klaus Erich Kaehler, Franco Volpi, Martfn Zubirfa, Burt Hopkins, and Marcus Brainard Edmund Husserl: The Idea of a Philosophical Culture (1923) Johannes Daubert: Notes from Husserl's Mathematical-Philosophical Exercises (1905), ed. and intro. Mark van Atten and Karl Schuhmann (German/English) Jacob Klein: On Aristotle Eugen Fink and Jan Patocka: On the Phenomenological Reduction. (shrink)

CONTENTS James G. Hart: Wisdom, Knowledge, and Reflective Joy: Aristotle and Husserl Wayne Martin: Judgment Stroke-Truth Predicate: Frege and the Phenomenology of Judgment David R. Cerbone: Distance and Proximity in Phenomenology: Husserl and Heidegger Ra·l GutiTrrez: "The Logic of Decadence": Deficient Forms of Government in the Republic Heribert Boeder: Derrida's Endgame Jacques Derrida: Phenomenology and the Closure of Metaphysics Hans Rainer Sepp: Jan Patocka and Cultural Difference Carl Friedrich Gethmann: Hermeneutic Phenomenology and Logical Intuitionism: On Oskar Becker's Mathematical Existence (...) Essays in Honor of Heribert Boeder by Dennis J. Schmidt, Claus-Artur Scheier, Klaus Erich Kaehler, Franco Volpi, Martfn Zubirfa, Burt Hopkins, and Marcus Brainard Edmund Husserl: The Idea of a Philosophical Culture Johannes Daubert: Notes from Husserl's Mathematical-Philosophical Exercises, ed. and intro. Mark van Atten and Karl Schuhmann Jacob Klein: On Aristotle Eugen Fink and Jan Patocka: On the Phenomenological Reduction. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and the balance of (...) power. The paper shows how constitutional settlements relate to issues of stability and non-subjugation in politics, and explains how they can ground a distinction between justice and legitimacy. (shrink)

In the only two articles on the topic of which I am aware, Chad Carlson and Scott Aikin have leveled three objections against fantasy sports—namely, that participation in fantasy sports elicits...

In this paper, I build on Wittgenstein’s metaphor of a toolbox to introduce the metaphor of ‘tool confusion’ – how differing conceptual constructs may be applied, or misapplied, to one another and the effect that such applications have on the advancement of management theory. Moving beyond metaphor, I investigate a theory of management through two specific philosophical lenses (Popper and Lyotard). This analysis tests both the theory and the philosophies with regard to how each philosophy may be applied as a (...) tool to advance theory towards more effective application. Preliminary conclusions confirm that the application of partial philosophies is not as useful as the application of complete philosophies. Deeper contemplation, however, suggests that there is no upper limit to the completeness of philosophies. Thus, the problem of completeness is inescapable. In place of completeness, I explore the use of perceptual tools that are more specific, foundational and concise. Engaging in a second investigation, I use structures of logic (circular, linear, branching and co-causal) to investigate the subject theory. This investigation suggests at least two important insights relating to the structure of theory and the fuzziness of theory. Combined, these investigations and related conversations suggest rigorous methods for advancing theories and a more normative role for the philosophy of management that will support the accelerated advancement of management theory and practice. (shrink)

This paper articulates and defends a novel hybrid account of well-being. We will call our view a Robust Hybrid. We call it robust because it grants a broad and not subservient role to both objective and subjective values. In this paper we assume, we think plausibly but without argument, that there is a significant objective component to well-being. Here we clarify what it takes for an account of well-being to have a subjective component. Roughly, we argue, it must allow that (...) favoring attitudes that are not warranted by the lights of objective values can ground benefits. Given this understanding, we show that there is an important and unrecognized expansion in the resources available to fully objectivist views: namely that such views can help themselves to the value of warranted love of objective goods. Such a move by the objectivist can help them respond to concerns that, on their view, a person’s well-being can be too alien to them. We next argue that, nonetheless, such objectivist views are still unconvincing due to their lack of a subjective component. This motivates a move from fully objective accounts to hybrid accounts. We show that many prominent hybrid theories in the literature are inadequate because they implausibly minimize the subjective component. This motivates a move to a robust hybrid view that has an expanded subjectivist component. We conclude with some remarks about the interrelation between the subjective and objective components in the hybrid account that we favor and a role for resonance in a theory of well-being other than serving as a hard constraint on any benefit. (shrink)

Many writers claim that democratic government rests on a principled commitment to the ideal of political equality. The ideal of political equality holds that political institutions ought to be arranged so that they distribute political standing equally to all citizens. I reject this common view. I argue that the ideal of political equality, under its most plausible characterizations, lacks independent justificatory force. By casting doubt on the ideal of political equality, I provide indirect support for the claim that democratic government (...) is only instrumentally justified. (shrink)

Purpose – The purpose of this paper is to investigate the internal structure of Gandhi's ethics as a way to determine opportunities for improving that system's ability to influence behavior. In this paper, the author aims to work under the idea that a system of ethics is a guide for social responsibility. -/- Design/methodology/approach – The data source is Gandhi's set of ethics as described by Naess. These simple (primarily quantitative) studies compare the concepts within the code of ethics, and (...) their relationships to one another. -/- Findings – Gandhi's ethics are robust at the 0.25 level (the scale is zero to one – zero is lowest). This is consistent with theories of the social sciences (that do not work well in practice). Gandhi's success might be ascribed to his leadership ability. -/- Research limitations/implications – Some suggest this approach is reductionist because of its superficial similarity to approaches of physical science. The implications for research are profound. First, this approach provides an objective method for comparing (and so, advancing) systems of ethics. Second, this paper suggests the opportunity to compare the internal structure of ethics with “external” aspects – the implementation of ethical systems. -/- Practical implications – By itself, Gandhi's system of ethics cannot be reliably applied in practice - it cannot be expected to change behavior more than any other system of ethics. This raises concerns about other ethical codes as well. The practical implications of the form of analysis presented in this paper are immense because it provides a way for practitioners to objectively compare two codes of ethics and determine which one will be more effective. -/- Originality/value – The approach documented in the paper has never been applied to the field of ethics. It is unique in that it addresses the “internal” structure of a system of ethics (compared to the “external”, or application, of ethical systems). (shrink)

Are liberalism and perfectionism compatible? In this study Steven Wall presents and defends a perfectionist account of political morality that takes issue with many currently fashionable liberal ideas but retains the strong liberal commitment to the ideal of personal autonomy. He begins by critically discussing the most influential version of anti-perfectionist liberalism, examining the main arguments that have been offered in its defence. He then clarifies the ideal of personal autonomy, presents an account of its value and shows that (...) a strong commitment to personal autonomy is fully compatible with an endorsement of perfectionist political action designed to promote valuable pursuits and discourage base ones. (shrink)

In a number of publications, Gerald Gaus has presented an ambitious account of political morality that gives the ideal of public justification pride of place. This article critically discusses Gaus’s characterization and defense of the ideal of public justification in politics. It also presents an account and an argument in support of first-person political justification.

When creating theory to understand or implement change at the social and/or organizational level, it is generally accepted that part of the theory building process includes a process of abstraction. While the process of abstraction is well understood, it is not so well understood how abstractions “fit” together to enable the creation of better theory. Starting with a few simple ideas, this paper explores one way we work with abstractions. This exploration challenges the traditionally held importance of abstracting concepts from (...) experience. That traditional focus has been one-sided—pushing science toward the discovery of data without the balancing process that occurs with the integration of the data. Without such balance, the sciences have been pushed toward fragmentation. Instead, in the present paper, new emphasis is placed on the relationship between abstract concepts. Specifically, this paper suggests that a better theory is one that is constructed of concepts that exist on a similar level of abstraction. Suggestions are made for quantifying this claim and using the insights to enable scholars and practitioners to create more effective theory. (shrink)

Why do policies fail? How can we objectively choose the best policy from two (or more) competing alternatives? How can we create better policies? To answer these critical questions this book presents an innovative yet workable approach. Avoiding Policy Failure uses emerging metapolicy methodologies in case studies that compare successful policies with ones that have failed. Those studies investigate the systemic nature of each policy text to gain new insights into why policies fail. -/- In addition to providing intriguing directions (...) for research, this book also suggests a bold new standard for evaluating policies. While this method is broadly generalizable, specific examples are provided showing how to develop better Economic Policy, Military Policy, and Constitutional Organizations. This book shows scholars, researchers, and policy analysts how to develop more effective policies so that we may achieve our highest aspirations and avoid the horrendous failures of the past. (shrink)

This collection seeks to excavate the tradition of radical liberal class analysis, which predated and inspired Marx's reflections on class. Liberal class theory is distinctive because it regards relationship with the state as constitutive rather than just indicative of social class membership. Along with an introduction that frames the discussion historically and conceptually, Social Class and State Power provides readers with easy access to provocative texts from the early modern period to the present.

The rapid development of quantum technologies, such as quantum computing, quantum internet, and quantum sensing, has led to a growing awareness of the ethical issues surrounding these technologies. This literature review aims to analyze the existing research on these ethical issues using the PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) literature review approach. The literature search was conducted using the following databases: Scopus ArXiv, and IEEE Xplore, and the search terms used were “quantum computing,” “quantum internet,” “quantum sensing,” (...) “quantum technology,” AND “ethics.” Inclusion criteria were: (1) articles that addressed ethical issues related to quantum technologies and (2) articles that were written in English. A total of 14 articles were included in the review. The majority of the articles (64 percent) were published in the last 5 years. The majority of the articles (78 percent) focused on the potential impact of quantum technologies on privacy and security, with a particular emphasis on the potential for quantum computers to break encryption and the subsequent impact on privacy and security. Approximately 50 percent of the articles focused on the accessibility and responsibility dimensions of quantum technologies. This scoping review has demonstrated that there is a growing awareness of the ethical issues surrounding quantum technologies and an increasing number of researchers, policymakers, and industry leaders working to address them. Future research should continue to explore these ethical issues in more depth and develop recommendations for addressing them. (shrink)

In response to cancer, patients may be thrown into precarious processes of remaking their purpose, identity, and connections to the world around them. Thoughtful and thorough responses to these issues can be supported by person-centered phenomenological approaches to caring for patients. The importance of perspectives on illness offered by theoretical phenomenology will become apparent through the example of the experience of nausea, or perhaps more accurately put—chemo sickness. The focus here is on how chemo sickness alters one's way of relating (...) to the world. I will examine the phenomenon of nausea through the lens of the phenomenological concept of mood—an existential feeling that engenders a diffused tone permeating through one's world and shapes the envisioned possibilities on one's horizon. (shrink)

This paper offers a realist critique of socialresearch on health inequalities. A conspectus of thefield of health inequalities research identifies twomain research approaches: the positivist quantitativesurvey and the interpretivist qualitative `casestudy'. We argue that both approaches suffer fromserious philosophical limitations. We suggest that aturn to realism offers a productive `third way' bothfor the development of health inequality research inparticular and for the social scientific understandingof the complexities of the social world in general.