"The main argument of this paper is that there are reasons for judges not only to evaluate the substantive merit of legislation, but to advert to the fact that the place of elected legislatures in our scheme of government gives legislation a standing, an entitlement to consideration, that may go beyond judicial estimates of its intrinsic merit." [Is this just a statement of procedural legitimacy?] "To answer the question [of who assigns rights], courts must take a view as to the (...) proper role of courts vis-a-vis legislatures; they must take a view about the allocation of power in our legal/political system. In drawing this line, courts can take one of two approaches. First, they can make decisions solely on the basis of considerations internal to the relevant clauses of the Constitution, perhaps by giving them a moral reading. Second, they can include in their thinking institutional considerations regarding the role of popular decision-making bodies in our governmental structure." Claims that Dworkin advocates the first [which is false], and that we should accept the second, which is advocated by advocates of judicial restraint. It is appropriate for a judge to give weight to the fact that a decision was reached by a legislature. "Specifically, I think it appropriate that courts presume the constitutionality of such laws, understanding that their own role demands that they overturn them if they are not merely different from what the judges might have decided on their own, but are beyond acceptability." Reasons for the presumption of constitutionality: value of compromise, allocation of power ), appropriateness of humility, integrity and community. (shrink)

Thus, says Hare, a judgment that someone is happy is an appraisal, not a statement of fact. I do not wish to deny that there are some uses of 'happy', ascribed to a person or to a life, for which this is the case; but I would like to maintain that there are other uses of 'happy', philosophically important ones, in which a judgment that a third person is happy is not an appraisal, but is rather a report about him (...) which may be true or false; and in which a first person judgment that one is happy, while it involves an appraisal, is still a report which may be true or false. (shrink)

The vagueness or imprecision of ‘the normal’ allows it to be exploited for various purposes and political ends. It is conspicuous in both medicine and athletics; I am going to try to say something about the normal in each of these areas. In medicine the idea of the normal is often deployed in understanding what constitutes disease and hence, as some see it, in determining the role of physicians, in determining what is or ought to be covered by insurance, and (...) in underwriting certain views on social justice. In athletics the use of performance enhancing substances raises different sorts of questions about the normal, especially when it comes to deciding what constitutes an enhancement and which enhancements, if any, are acceptable. (shrink)

In recent years a number of writers have maintained that law can usefully be illuminated by game theory. Some believe that game theory can provide guidance in formulating rules for dealing with specific problems. Others advance the philosophically ambitious contention that we can gain a better understanding and/or appreciation of law by seeing it in terms of game-theoretic ideas. My purpose in this article is to examine some claims of the latter sort, and in particular to ask how distant law (...) can be from the assumptions of game theory and still be informed by it. Models are not expected to fit precisely what they model, but at some point the deviation is too great and there is a failure to illuminate. (shrink)

Ever since the publication of Mansfield Park readers and critics have debated how to understand the novel and particularly its heroine Fanny Price. Some have disliked Fanny, have thought of her as prudish and priggish, and perhaps have preferred Mary Crawford and wished for a different ending to the story. Others have defended Fanny’s virtue, her judgment, and her mind, regarding them as quite superior to the virtue, judgment, and minds of all of the other women in the novel, and (...) all the men too, excepting (perhaps) Edmund. The debate, quite clearly, is about what Jane Austen was up to in a novel with a heroine so different from those in her other novels. The question is unclear in part because the narrator’s voice in Mansfield Park is so much like Mary Crawford’s voice. In her article “Searching for Jane Austen in Mary Crawford,” Emily Auerbach offers us quotations from Mary Crawford and from Jane Austen’s own letters and challenges us to figure out which are which—and it is very difficult. Mary Crawford, like Jane Austen, is frequently sparkling and edgy while Fanny is not, yet Fanny is the star. (shrink)

To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.

Why is it that for many people questions of sexual behavior are the quintessential moral questions, while for others they are at the periphery of serious moral inquiry? Such a difference of opinion undoubtedly reflects substantive moral disagreement, but might also reflect different conceptions of what morality is about. Probably it reflects both sorts of differences, and both will receive attention in this article.

The main argument of this paper is that there are reasons for judges not only to evaluate the substantive merit of legislation, but to advert to the fact that the place of elected legislatures in our scheme of government gives legislation a standing, an entitlement to consideration, that may go beyond judicial estimates of its intrinsic merit.

The implication intended by the title is that there are elements ofjustice that are required and others that are desirable but not morally required. That is one of the views for which I have argued. The elements of justice that are morally required, and to which an individual has a right, are three. 1. Reciprocity.-A person, whether in or outside of a society, is justified in insisting, unless a voluntary agreement supersedes, that there be a balance between the value of (...) what he gives and the value of what he gets. 2. Conditional equality.-If a society distributes a good or acts in such a way as to affect distribution, one is justified in insisting that he be presumed to be equal to everyone else. 3. Certain elements of welfare. -A person is justified in insisting that a social collective on which he is dependent support deficiencies in his welfare that are attributable to his being a victim of the economic life of the collective. (shrink)

Norm and Nature: The Movements of Legal Thought, by Roger Shiner, is an intricate book with the perhaps surprising thesis that the outstanding problem in legal philosophy, the conflict between positivism and natural law, is irresolvable. The controversy is doomed to a never-ending cycle because “sophisticated positivism follows from positivism's difficulties with simple positivism … anti-positivism follows from sophisticated positivism's difficulties with simple positivism; [and] simple positivism follows from positivism's difficulties with anti-positivism”. For legal theory, then, an understanding of law (...) is simply an understanding of why legal theory is thus “condemned to endless dialectic”. And the reason is found in the nature of law itself and the perennial tension between, on the one hand, certainty and procedure and, on the other, flexibility and substance. (shrink)

Philosophy Then and Now provides an innovative and engaging blend of introductory text with classic and contemporary readings. Each of the eight parts begins with an introductory section on the major ideas associated with a seminal figure from the history of philosophy. This is followed by key selections from the essential writings of that philosopher, as well as influential selections from contemporary figures. Key figures covered include: Socrates, Aquinas, Locke, Descartes, Mill, Nietzsche, Marx, and Sartre. By focusing on the core (...) themes, issues and problems of philosophy, the volume motivates student interest in the subject, and represents a distinctive text for all introductory courses in philosophy. (shrink)

The purpose of this volume, the editor says, is to meet “the need of the beginning student [of law] to get a handle quickly on the vast and diverse theoretical landscape that is the first-year experience” in law school. It is conceived as a supplement to case books and other first-year materials. In this, it is quite successful. Most of the contrib-utors have done a fine job canvassing a number of ideas or positions; the most successful essays are extremely helpful (...) if one has some familiarity with the territory. (shrink)

This is a critical notice of Theodore Sider's book, _Four-Dimensionalism_.

For deliberations on the ethical and meta-ethical implications of Alfred North Whitehead's process philosophy, here are abstracts and papers from the Ethics Section of the 6th International Whitehead Conference held at the University of Salzburg in Salzburg, Austria in July 2006. In accordance with the conference schedule, there are three subsections. The subsection on "Metaphysics of Morals and Moral Theory" includes contributions from Franklin I. Gamwell (Does Morality Presuppose God?), John W. Lango (abstract only), Duane Voskuil ("Ethics' Dipolar Necessities and (...) Theistic Implications), and Theodore Walker Jr. ("Neoclassical Cosmology and Matthew 22:36-40). The subsection on "Evaluating Moral Practices" includes contributions from Frederick Ferrè (abstract only), Seung Gap Lee (Hope for the Earth: A Process Eschatological Eco-ethics for South Korea), Mary Elizabeth Mullino Moore (Compassion, Creativity, and Form: The Ethics of Institutions), and George W. Shields (Ruse, Altruism, and Process Philosophy). The subsection on "Ethics and Aesthetic Values" includes contributions from Stephen T. Franklin (abstract only), Brian G. Henning (Is There an Ethics of Creativity?), Mihàly Tòth (Art of Life and the Ethics of Life Forming), and Guorong Yang (Problems and Perspectives in the Emerging of Global Society). (shrink)

Tieu, Matthew Review of: Romancing Opiates: Pharmacological Lies and the Addiction Bureaucracy, by Theodore Dalrymple, Encounter Books, 2006.

In a recent issue of this journal, Theodore Kwasman and Christa Müller-Kessler have taken issue with several of the present author’s writings, in particular his edition of the incantation bowl BM 135563, and presented serious claims of professional incompetence. The present contribution addresses several of the misleading arguments that they have raised, and demonstrates that they are often based upon misunderstandings, mis-citations, or inaccurate prejudices regarding the use of terminology.

Nietzsche, Aesthetics and Modernity analyses Nietzsche's response to the aesthetic tradition, tracing in particular the complex relationship between the work and thought of Nietzsche, Kant and Hegel. Focusing in particular on the critical role of negation and sublimity in Nietzsche's account of art, it explores his confrontation with modernity and his attempt to posit a revitalized artistic practice as the counter-movement to modern nihilism. Drawing on the full range of his published and unpublished writings, together with his comments on figures (...) as diverse as Wagner, Zola, Delacroix and Laurence Sterne, it highlights the extent to which Nietzsche counters the culture of his own time with a dialectical notion of aesthetic interpretation and practice. As such, Nietzsche the dialectician articulates a position that proves to be intimately connected to the negative dialects of Theodor Adorno. (shrink)

This article is a critical genealogy of Tay, an artificial-intelligence chatbot that Microsoft released on Twitter in 2016, which was quickly hijacked by internet trolls to reproduce racist, misogynist, and antisemitic language. Tay’s repetition and production of hate speech calls for an approach that draws on both media and cultural theory—the Frankfurt School’s dialectical analyses of language and ideology, in particular. Revisiting the Frankfurt School in the age of algorithmic reason shows that, contrary to views foundational to computing, a neural-network (...) chatbot like Tay does not sidestep meaning but rather carries and alters it, with unforeseen social and political consequences. A return to the work of Max Horkheimer and Theodor W. Adorno thus locates ideology in the digital world at the nexus of language’s ability to mean, language and meaning’s susceptibility to computation, and the design of a machine to compute both. Coming to critical terms with the antisemitism produced in Tay’s human-computer synthesis requires, as this article contends, addressing the uncanny embodiment and reflection of thought that is digital computation. (shrink)

: This article contributes to the contemporary debate regarding the young Heidegger’s method of formal indication. Theodore Kisiel argues that this method constitutes a radical break with Husserl---a rejection of phenomenological reflection that paves the way to the non-reflective approach of the Beiträge. Against this view, Steven Crowell argues that formal indication is continuous with Husserlian phenomenology---a refinement of phenomenological reflection that reveals its existential sources. I evaluate this debate and adduce further considerations in favor of Crowell’s view. To (...) do so, I analyze the young Heidegger’s account of phenomenological communication and argue that it further reflects the continuity that Crowell identifies: as he does with reflection, Heidegger refines Husserl’s account of phenomenological communication and sheds light on its existential sources. (shrink)

Throughout the bulk of the Reformed Tradition’s history within both Europe and the United States, most scholars have dismissed pastor and theologian Moïse Amyraut as a seventeenth century French heretic whose actions and theology led to the demise of the Huguenots in France. However, upon further introspection into Amyraut’s claims as being closer to Calvin (soteriologically) than his Genevan successors, one finds uncanny parallels in the scriptural commentaries and biblical insight into the expiation of Christ between Calvin and Amyraut. By (...) comparing key scriptural passages concerning the atonement, this article demonstrates that Reformed theologian Moïse Amyraut in fact propagated a universal atonement theory which parallels Calvin’s, both men ascribing to biblical faithfulness, a (humanistic) theological method, and similar hermeneutic. As such, both Calvin and Amyraut scripturally contend that God desires and provided the means for the salvation of the whole world. Further, the article demonstrates that Calvin’s successor, Theodore de Beza, could not in fact make the same claims as Amyraut, this article demonstrating that Beza went beyond Calvin’s scriptural approach to Christ’s expiation. Therefore, this article supports a more centrist approach from within and outside the Reformed tradition by demonstrating that Calvin and Amyraut concentrically held to God’s gracious provision in Christ for the saving of the whole world, for those who would believe in Christ for salvation. (shrink)

This book offers an archeology of the undeveloped potential of mathematics for critical theory. As Max Horkheimer and Theodor W. Adorno first conceived of the critical project in the 1930s, critical theory steadfastly opposed the mathematization of thought. Mathematics flattened thought into a dangerous positivism that led reason to the barbarism of World War II. The Mathematical Imagination challenges this narrative, showing how for other German-Jewish thinkers, such as Gershom Scholem, Franz Rosenzweig, and Siegfried Kracauer, mathematics offered metaphors to negotiate (...) the crises of modernity during the Weimar Republic. Influential theories of poetry, messianism, and cultural critique, Handelman shows, borrowed from the philosophy of mathematics, infinitesimal calculus, and geometry in order to refashion cultural and aesthetic discourse. Drawn to the austerity and muteness of mathematics, these friends and forerunners of the Frankfurt School found in mathematical approaches to negativity strategies to capture the marginalized experiences and perspectives of Jews in Germany. Their vocabulary, in which theory could be both mathematical and critical, is missing from the intellectual history of critical theory, whether in the work of second generation critical theorists such as Jürgen Habermas or in contemporary critiques of technology. The Mathematical Imagination shows how Scholem, Rosenzweig, and Kracauer’s engagement with mathematics uncovers a more capacious vision of the critical project, one with tools that can help us intervene in our digital and increasingly mathematical present. (shrink)

Nietzsche, Aesthetics and Modernity analyzes Nietzsche's response to the aesthetic tradition, tracing in particular the complex relationship between the work and thought of Nietzsche, Kant, and Hegel. Focusing in particular on the critical role of negation and sublimity in Nietzsche's account of art, it explores his confrontation with modernity and his attempt to posit a revitalized artistic practice as the counter-movement to modern nihilism. Drawing on the full range of his published and unpublished writings, together with his comments on figures (...) as diverse as Wagner, Zola, Delacroix, and Laurence Sterne, it highlights the extent to which Nietzsche counters the culture of his own time with a dialectical notion of aesthetic interpretation and practice. As such, Nietzsche the dialectician articulates a position that proves to be intimately connected to the negative dialects of Theodor Adorno. (shrink)