In the last twenty years there has been a marked increase in artists using smells in their works at the same time that scents are being used to accompany plays, films, and music. There is also an increase in ambient scenting in stores and hotels and leading chefs are adding unusual scents to cuisine. The book explores these olfactory activities and the aesthetic and ethical issues they raise as well as answering the traditional disparagement of the sense of smell by (...) leading intellectuals such as Kant, Darwin, and Freud, drawing on current science, social science, and humanities as well as literature. (shrink)

Is the nature of law to be formal procedure or to embody substantive value? This work deals with the traditional conflict in legal philosophy between positivistic and anti-positivistic theories of law. It examines the conflict with respect to seven central issues in legal philosophy--law as a reason for action, law and authority, the internal point of view to law, the acceptance of law, discretion and principle, interpretation and semantics, and law and the common good. This work argues that although this (...) conflict cannot be resolved, the true nature of law is revealed--not obscured--by this perennial situation. (shrink)

Foucault's writing is best understood in terms of its political purpose and of the political question it puts to philosophy, history, and the human sciences. Foucault is not looking for a "method" which will be superior to other methods in objectivity but is forging tools of analysis which take their starting point in the political-intellectual conflicts of the present. His method is really an antimethod, "genealogy," which seeks to free us from the illusion that an apolitical method is possible. A (...) genealogy of the human sciences examines the intimate connection of the knowledge they represent with the relations of power which produced them. Such a genealogy shows how the human sciences emerged from the tactics or microtechnologies of power by which various groups and individuals attempted to give structure to the field of behavior of others, seeking to increase the economic utility of the body while decreasing its political danger. Genealogy attempts to restore the "subjugated" knowledge of the patient, the prisoner, the worker. (shrink)

A deferred prosecution agreement, or DPA, allows a corporation, instead of proceeding to trial on a criminal charge, to settle matters with the state by acknowledging the facts on which any charge would be based, pay a reduced fine, and agree to change the way they conduct business. Critics of DPAs have suggested that, because the defendant corporation must pay a fine and submit to structural reform without having been found guilty at trial, DPAs violate the Presumption of Innocence. This (...) paper argues that they do not. The paper appeals to the role of civic trust in a liberal political community. The obligations a corporation assumes in a DPA can be framed as a reasonable retributive response to a breach by that corporation of the community’s laws, and an appropriate reassurance by that corporation to the community that such breaches will not reoccur. This framing is sufficient to deny that DPAs violate the Presumption of Innocence. (shrink)

Roger A. Shiner; VII*—Wittgenstein and the Foundations of Knowledge, Proceedings of the Aristotelian Society, Volume 78, Issue 1, 1 June 1978, Pages 103–124, ht.

This chapter contains sections titled: Externalist Accounts Internalist Accounts Descriptivist Accounts Naturalized Jurisprudence Conclusion References.

Phenomenology can offer a new point of view to the critical philosophy of history. Through a phenomenological reduction which permits an analysis of the essential structures of the "life-world," the phenomenologist suspends theoretical assumptions in order to discern the implicit attitude which defines the field of a science. Phenomenological reflection can help lay bare an original act. When applied to the discipline of history, this process of "reactivation" uncovers the original emergence of historical consciousness and brings to light the structural (...) a priori of the field of historical research. A phenomenological approach to the problem of historical knowledge will be the convergence of the analysis of the essential structures of the historical attitude and the analysis of the historical dimension of the life-world. (shrink)

Corporate behaviour is often regulated through the criminal law by means of reverse onus offences. Such offences are alleged to involve violations of the Presumption of Innocence. Such allegations almost always assume natural persons as defendants. The arguments supporting reverse onus offences are typically instrumental, to do with the importance of the social goals promoted and the ease of proof. The Presumption of Innocence is taken to be an autonomy right of natural persons and so not subject to being sidelined (...) for reasons of law enforcement expediency. Corporations, however, are not natural persons: they have no autonomy right not to be treated as means. It may well be, then, that reverse onus offences are justified in the case of corporate defendants. I argue that the Presumption is not violated by such offences in the case of corporate defendants. I develop a broad concept of the criminal justice system as an allocative system, and argue that reverse onus offences properly allocate the burden of proof for corporations. Specifically, I argue that the normative demand for legal innocence is sufficiently met by the availability of a due diligence defence; that the responsibility of corporations when prohibited harms occur is properly a form of outcome-responsibility; and that taking into account issues of reciprocity, legitimacy and power reverse onus offences justly allocate the burden of proof in the case of corporate defendants. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Self-Predication and the "Third Man" Argument ROGER A. SHINER 1.1. IN COMMPm'mO on the 'Third Man' Argument (TMA), Proclus z produces the following line of thought. He argues that. if the relation of resemblance between Form and particular were symmetrical, the argument in question would be valid; the relation is not, however, symmetrical. Where a Form and particular are both alike, have the quality of likeness, the likeness of (...) that which is derived is not the same as the likeness of that from which it is derived, just because of the former's derivatory nature. Consequently, ~k tt~v ala01]x~ bttotoi3c0at ~re[vot~ (sc. xo~ ~Semv), abx~ 8~ xo6~ot~ oSr~xt, 'the sensible particulars resemble the Forms, but they are not in the same relation of resemblance to the particulars' (ibid., 913.29-30). That is to say, the bare relation of similarity may be symmetrical, but the relation of a similar copy to a similar original is not; the copy is 'a copy of' the original, but the original/s not 'a copy of' the copy. This way of defending the Theory of Forms against the TMA I shall for purposes of identification call the 'Ontological Defence'. It lays stress on the ontological difference between Form and particular in order to avoid the fatal implication that the relation between them is symmetrical. If we use the language of predication, the point is as follows: the TMA is valid, if the Forms have a given term predicated of them severally in exactly the same sense as it is predicated of their respective dependent particulars. This, however, is not the case, for the quality in virtue of which a given term is predicated of a given Form differs in ontological status from the quality in virtue of which that term is predicated of that Form's dependent particulars. Thus we see that underlying the Ontological x I am grateful for helpful comments on an earlier version of this paper to Professor Gilbert Ryle, Professor John F. Malcolm and two anonymous readers for this Journal. Since this paper went to press, the following relevant articles have appeared: G. Vlastos, "'Self Predication' in Plato's Later Period," Philosophical Review, LXXVIII (1969), 74-78, and "Plato's 'Third Man' Argument (Parm. 132al-b2): Text and Logic," Philosophical Quarterly, XIX (1969), 289-301; K. W. Rankin, "The Duplicity of Plato's Third Man," Mind, LXXVIII (1969), 178-197; T. O. Smith, "'The Theory of Forms, Relations and Infinite Regress," Dialogue, VIII (1969), 116-123. 2 Proelus, In Platonis Parmenidem, ed. V. Cousin, Paris, 1864; 912.27 ft. [3711 372 HISTORY OF PHILOSOPHY Defence is the following assumption--the fact that the Forms are self-predicating only causes problems for the Theory of Forms, if a given Form F and its corresponding particulars, a set of f things, have 'F' predicated of them univocally, are F in precisely the same sense. My thesis in this paper is that this latter assumption is false, it is, rather, quite sufficient for the Self-Predication Assumption (SPA) to be vicious, if 'F' is predicated of both Form and particular not equivocally. This is not the same as 'univocally', and furthermore it is not possible that Plato could have thought of the predication of a term of both Form and particular as equivocal, the only alternative left to him to escape the TMA. The SPA, therefore, is required for the Theory of Forms to make sense, and leads to an ineradicable defect in that Theory. 1.2. One minor terminological point must be noted before we proceed. There are two versions of the TMA in the Parmenides; the first runs from 131eS-132b2, and the second from 132c11-133a7. The second of these explicitly employs the language of copy-resemblance, 7mpdS~tytm ('paradigm'), 6lxoio)tta ('likeness'), ~tKao0~vat ('resemble') as an explication of ~t~0e~tq ('participation'): the first employs the lan~.,uage of cttx6 ~ xai3xa.., eIvat ('that by which things are...'), which, as Plato has already indicated (Phaedo 100d6-8), is deliberatety noncommittal as to the relation between Forms and particulars. I shall refer to the first argument as TMA(1) and the second... (shrink)

Tom Stoppard is justly praised by many for what are perceived as his technical skills as a dramatist—his wit, his seriousness, his mastery of parody and pastiche, his impressive control of dramatic structure. Stoppard earns his place as a giant of modern drama from these qualities. They, however, are not what concern me here. His plays are also in various ways riddled with philosophy. My purpose in this paper is to examine the claim that he is a philosopher's dramatist, rather (...) than a dramatist's dramatist or an ordinary thinking man's dramatist. I am not concerned with how far Stoppard himself as a matter of biographical fact may wish to make this claim, although Stoppard has made no secret of his fascination with Philosophy. I make the claim myself in order both to offer an interpretation of certain dramatic texts and to raise certain questions about philosophical method. I hope to show that to understand certain ways in which Stoppard's plays are philosophical is to appreciate something profound about the way in which philosophy and drama are akin—that is, I hope to make critical and philosophical points, not historical or biographical points. (shrink)

Art world talk of “blurred boundaries” and “hybrids” between art and craft, suggests that the philosophy of art needs to rethink the concept of craft. This can best be done by adopting four strategies: first, distinguish between craft as a set of disciplines, and craft as a process and practice; second, keep in mind the differences among craft practices such as studio, trade, ethnic, amateur, and DIY; third, recognize that craft’s relationship with design is as important as its relationship to (...) art; fourth, attend to the role digital design and fabrication are playing in craft and art today. At the core of the craft process are three contested characteristics found in most craft practices: hand, material, and skill, although these are better understood as body, medium, and mastery. After discussing a fourth contested characteristic of many craft and design practices, function, I show that none of the four characteristics is a requisite condition for artistic practice today, yet none are excluded from contemporary art, despite its current “post‐studio” or “post‐disciplinary” tendencies. I conclude that the boundary between art and craft conceived as a set of disciplines defined by materials and techniques has not become blurred, it has all but disappeared. On the other hand, I show through an analysis of some references to “mere craft” by Stephen Davies and Arthur Danto, that craft conceived as a process and practice can be understood as distinct from art, but in a non‐invidious sense. (shrink)

The article is a review of A.P. Simester, ed., Appraising Strict Liability. We strongly recommend the book for the sophistication of the contributors’ analyses, and the contribution the book makes to clarifying the normative issues at stake in strict liability legal regimes. The review focuses on the more philosophical essays in the book. The specific issues from the book identified in the review are: the rights-based character of the prohibition on conviction without moral fault; the importance of the principle of (...) proportionality; due diligence defences; the instrumental worth of strict liability in relation to quasi-criminal regulation; the faultiness of genuinely creating risks. (shrink)

Legal theory for the purposes of this essay is the theory of mundane law—that is, our law. The legal system of a modern Western democracy is the phenomenon legal theory is trying to represent perspicuously. Such a legal system may be characterized prephilosophically as an institutionalized normative system. The associated institutions include legislatures, courts, police forces, civil services, royal families, and the like. The associated norms are of three kinds—norms directly enjoining, permitting or proscribing behaviour on the part of the (...) norm-subjectss; norms for facilitating the creation of social arrangements between norm-subjects; norms for the creation, variation, administration, application and enforcement of norms of the first two kinds. (shrink)