Ce livre offre un examen approfondi des principes philosophiques qui sous-tendent le droit. Il explore les principaux courants de la pensée juridique, y compris le positivisme, le naturalisme et le réalisme juridique, et est une ressource indispensable pour les étudiants en droit et les philosophes du droit. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United (...) States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Earlier in this century, many philosophers of science (for example, Rudolf Carnap) drew a fairly sharp distinction between theory and observation, between theoretical terms like 'mass' and 'electron', and observation terms like 'measures three meters in length' and 'is _2° Celsius'. By simply looking at our instruments we can ascertain what numbers our measurements yield. Creatures like mass are different: we determine mass by calculation; we never directly observe a mass. Nor an electron: this term is introduced in order to (...) explain what we observe. This (once standard) distinction between theory and observation was eventually found to be wanting. First, if the distinction holds, it is difficult to see what can characterize the relationship between theory :md observation. How can theoretical terms explain that which is itself in no way theorized? The second point leads out of the first: are not the instruments that provide us with observational material themselves creatures of theory? Is it really possible to have an observation language that is entirely barren of theory? The theory-Iadenness of observation languages is now an accept ed feature of the logic of science. Many regard such dependence of observation on theory as a virtue. If our instruments of observation do not derive their meaning from theories, whence comes that meaning? Surely - in science - we have nothing else but theories to tell us what to try to observe. (shrink)

In Spinoza’s metaphysics, we encounter many puzzling doctrines that appear to entangle metaphysical notions with cognitive, logical, and epistemic ones. According to him, a substance is that which can be conceived through itself and a mode is that which is conceived through another. Thus, metaphysical notions, substance and mode, are defined through a notion that is either cognitive or logical, being conceived through. He defines an attribute as that which an intellect perceives as constituting the essence of a substance. Intellectual (...) perception, something cognitive, is used to define an attribute, something metaphysical. And he claims that if something exists there is a reason why it exists and if something doesn’t exist there is also a reason why it doesn’t. Thus, a reason, something cognitive or epistemic, is necessary for existence or nonexistence. What are we to make of the intimate connections that Spinoza sees between metaphysical, cognitive, logical, and epistemic notions? Between being and reason? In this book, I argue for what might be called a realist interpretation: although Spinoza is confident that the order of being mirrors the order of reason, he believes that they are two orders, not one. There is inherence over and above conceptual dependence; there is causation in addition to causal explanation; the world has a nature that we can grasp and that our way of grasping it does not interpose an impenetrable conceptual veil between it and us. (shrink)

Christian Georg Martin offers an argumentative reconstruction of the whole work, reading it as a critical ontology, namely as the attempt to abstract from all presuppositions and to immanently unfold conceptual determinations characterizing ...

In _Around the Day in Eighty Worlds_ Martin Savransky calls for a radical politics of the pluriverse amid the ongoing devastation of the present. Responding to an epoch marked by the history of colonialism and ecological devastation, Savransky draws on the pragmatic pluralism of William James to develop what Savransky calls a “pluralistic realism”—an understanding of the world as simultaneously one and many, ongoing and unfinished, underway and yet to be made. Savransky explores the radical multifariousness of reality by (...) weaving key aspects of James's thought together with divergent worlds and stories: of Magellan's circumnavigation, sorcery in Mozambique, God's felt presence among a group of evangelicals in California, visible spirits in Zambia, and ghosts in the wake of the 2011 tsunami in Japan. Throughout, he experiments with these storied worlds to dramatize new ways of approaching the politics of radical difference and the possibility of transforming reality. By exploring and constructing relations between James's pluralism and the ontological turn in anthropology, Savransky offers a new conceptualization of the pluriverse that fosters modes of thinking and living otherwise. (shrink)

A revised translation of Heidegger's most important work.

A new explanation of the relation between schooling and work in the democratic, advanced industrial state emerges from this study that rejects both traditional views and the more recent Marxian perspective. Traditional views consider schools as autonomous institutions that are able to pursue the goals of equality and social mobility irrespective of the inequalities of capitalist society; the Marxian perspective views schools as serving the role of producing wage-labor for capitalistic exploitation. The authors suggest that the shortcomings of both views (...) are rooted in the fact that they do not recognize the true functions of the democratic, capitalist state. The state is seen as an arena for struggle between forces pushing for egalitarian, democratic reforms and those seeking to use the resources of the state for private capital accumulation. Depending on which side has primacy at the moment, schools will reflect one set of goals over the other. However, victory is never complete, and the tide of battle has shifted back and forth historically. The authors develop this theory through interpreting the dynamic relation between U.S. schools and the workplace. Based on this approach, they predict changes in both schooling and work as well as the forms that future conflicts between the contending forces are likely to take. (shrink)

This book is a major contribution to the philosophical literature on the nature of the self, personal identity and survival. Its distinctive methodology is one that is phenomenologically descriptive rather than metaphysical and normative. On the basis of this approach Raymond Martin shows that the distinction between self and other is not nearly as fundamental a feature of our so-called egoistic values as has been traditionally thought. He explains how the belief in a self as a fixed, continuous point (...) of observation enters into our experience of ourselves and the world. He also reveals the explosive implications this thesis has for recent debates over personal identity and what matters in survival. This is the first book of analytic philosophy directly on the phenomenology of identity and survival. It builds bridges between analytic and phenomenological traditions and, thus, to open up a new field of investigation. (shrink)

Do free will beliefs influence moral judgments? Answers to this question from theoretical and empirical perspectives are controversial. This study attempted to replicate past research and offer theoretical insights by analyzing World Values Survey data from residents of 46 countries (n = 65,111 persons). Corroborating experimental findings, free will beliefs predicted intolerance of unethical behaviors and support for severe criminal punishment. Further, the link between free will beliefs and intolerance of unethical behavior was moderated by variations in countries’ institutional integrity, (...) defined as the degree to which countries had accountable, corruption-free public sectors. Free will beliefs predicted intolerance of unethical behaviors for residents of countries with high and moderate institutional integrity, but this correlation was not seen for countries with low institutional integrity. Free will beliefs predicted support for criminal punishment regardless of countries’ institutional integrity. Results were robust across different operationalizations of institutional integrity and with or without statistical control variables. (shrink)

Humanity has reached a critical moment. Our world is unsettled and rapidly changing, and we face existential risks over the next century. Various outcomes--good and bad--are possible. Yet our approach to the future is characterized by short-term thinking, polarizing debates, alarmist rhetoric, and pessimism. In this short, exhilarating book, renowned scientist and bestselling author Martin Rees argues that humanity's prospects depend on our taking a very different approach to planning for tomorrow. The future of humanity is bound to the (...) future of science and hinges on how successfully we harness technological advances to address our challenges. If we are to use science to solve our problems while avoiding its dystopian risks, we must think rationally, globally, collectively, and optimistically about the long term. Advances in biotechnology, cybertechnology, robotics, and artificial intelligence--if pursued and applied wisely--could empower us to boost the developing and developed world and overcome the threats humanity faces on Earth, from climate change to nuclear war. At the same time, further advances in space science will allow humans to explore the solar system and beyond with robots and AI. But there is no "Plan B" for Earth--no viable alternative within reach if we do not care for our home planet. Rich with fascinating insights into cutting-edge science and technology, this accessible book will captivate anyone who wants to understand the critical issues that will define the future of humanity on Earth and beyond."-- Provided by publisher. (shrink)

Online supplement, "Mulsow: Additions to Notes drawn from the 2002 edition of Moderne aus dem Untergrund" full versions of nearly 300 notes that were truncated in the print edition. Hosted on H. C. Erik Midelfort's website. Martin Mulsow's seismic reinterpretation of the origins of the Enlightenment in Germany won awards and renown in its original German edition, and now H. C. Erik Midelfort's translation makes this sensational book available to English-speaking readers. In Enlightenment Underground, Mulsow shows that even in (...) the late seventeenth century some thinkers in Germany ventured to express extremely dangerous ideas, but did so as part of a secret underground. Scouring manuscript collections across northern Europe, Mulsow studied the writings of countless hitherto unknown radical jurists, theologians, historians, and dissident students who pushed for the secularization of legal, political, social, and religious knowledge. Often their works circulated in manuscript, anonymously, or as clandestinely published books. Working as a philosophical microhistorian, Mulsow has discovered the identities of several covert radicals and linked them to circles of young German scholars, many of whom were connected with the vibrant radical cultures of the Netherlands, England, and Denmark. The author reveals how radical ideas and contributions to intellectual doubt came from Socinians and Jews, church historians and biblical scholars, political theorists, and unemployed university students. He shows that misreadings of humorous or ironic works sometimes gave rise to unintended skeptical thoughts or corrosively political interpretations of Christianity. This landmark book overturns stereotypical views of the early Enlightenment in Germany as cautious, conservative, and moderate, and replaces them with a new portrait that reveals a movement far more radical, unintended, and puzzling than previously suspected. (shrink)

Shakespeare's Coriolanus is one of the most brilliant political plays ever written. Despite its ancient Roman setting, it remains a perennially relevant study of the relationship between personality and politics. The Introduction to this new edition illuminates its relevance to Shakespeare'sown time and to later ages while also emphasizing the wide range of interpretations that are possible in performance.

The goal of inquiry in this essay is to ascertain to what extent the Principle of Compositionality – the thesis that the meaning of a complex expression is determined by the meaning of its parts and its mode of composition – can be justifiably imposed as a constraint on semantic theories, and thereby provide information about what meanings are. Apart from the introduction and the concluding chapter the thesis is divided into five chapters addressing different questions pertaining to the overarching (...) goal of inquiry. Chapter Two is an attempt to determine whether the Principle of Compositionality is a trivial principle. It is argued that this is not the case in the context of providing the semantics of natural languages since it is an open question whether the best theories that respect available syntactic and semantic data are compositional. Chapter Three and Chapter Four ask whether there are reasons to think that the Principle of Compositionality is true. It is argued that the three most commonly cited reasons for thinking that correct semantic theories must be compositional – Linguistic Creativity, Productivity and Systematicity – in fact only give us reasons to think that the meaning of complex expressions depend on the meanings of their parts and their modes of composition, but not that the meaning of complex expressions depend ONLY on those factors. Chapter Five asks whether there are any reasons to think that the Principle of Compositionality is false. It is argued that all the phenomena that have been suggested entail non-compositionality are in fact compatible with some versions of compositionality. Even if this conclusion is reached in this chapter, the conclusion of the previous two chapters entails that we are not justified in imposing the Principle of Compositionality as an adequacy constraint on Semantic theories. Chapter Six explores the ways in which information about what meanings are can be derived by imposing constraints on semantic theories. It is argued that the distinction emphasized in Chapter Three and Chapter Four between depending on and depending ONLY on is of critical importance. It is demonstrated that the informative potential of the Principle of Compositionality goes far beyond that of the principle we are in fact justified in imposing on semantic theories. So not only is it the case that we cannot learn anything about meanings from the justified imposition of the Principle of Compositionality – since we cannot justifiably impose it as a constraint on semantic theories – what we could have learned from it had we been justified in imposing it is very different from what we can learn from the principle that we are justified in imposing. (shrink)

The saying reads, "The waking have a single cosmos in common," i.e., a single world-shape in which they take part in common. By this is already expressed what the later moral philosopher Plutarch, who preserved the fragment for us, pointed to in his interpretation: in sleep each turns away from the common cosmos and turns to something which belongs to him alone, something thus which he does not and cannot share with any other. That Heracleitus himself, on the contrary, understood (...) this less as the sleep of an individual, including the sphere of dreams, than as a cosmos, one among numberless fleeting world-shapes, in no way corresponds to what we know of his teachings. (shrink)

Convergent scientific realism entails that science will sooner or later arrive at the final theory of the fundamental constituents of matter. At that stage, all fundamental truths about nature will be discovered so that the search for basic principle seems bound to come to a halt. I explore options for a non-convergent scientific realism that allows for sustained progress in basic research. I defend the views that the coherence of non-convergent realism requires an emergence claim and that this claim can (...) be supported. I develop the example of the relation between equivalence classes among biological functions and their physiological realizations. Given strongly emergent laws in the sense elaborated in the paper, progress in basic research may survive the discovery of the laws governing the tinymost parts of matter. (shrink)

En el campo de la Ciencia Política, la categoría gobernabilidad suele ser tratada desde abordajes de corte institucionalista que la derivan de conductas ajustadas a las reglas de juego que prescribe el poder político en su ejercicio, ajuste que explica la estabilidad y continuidad de tal ejercicio. La apuesta de este trabajo es pensar aquella gobernabilidad también a partir de la constitución de sujetos gobernables en base a distintas racionalidades y técnicas de gobierno (algunas de ellas de tipo neoliberal ), (...) para lo que apelamos a los denominados estudios de la gubernamentalidad como perspectiva de análisis. (shrink)

Gedankenexperimente haben im Laufe der Jahrtausende eine entscheidende Rolle als Mittel der Wahl sowohl in der Philosophie als auch in der Naturwissenschaft gespielt. Im Gegensatz zu echten Experimenten kann im "gedanklichen Labor" auch Fragen nachgegangen werden, die man sonst nicht empirisch untersuchen kann. Gedankenexperimente lösen damit zwar sicher nicht die akuten Probleme der Menschheit, aber sie zeigen auf, wie schon leichte Veränderungen der Perspektive oder alltäglicher Grundannahmen zu verblüffenden Lösungen oder zu ganz neuen, spannenden Fragen führen können. Dieses Buch nimmt (...) den Leser mit auf eine Reise durch alle Epochen philosophischen Denkens und stellt, in prägnanter Auflistung von A bis Z, 26 besonders interessante Gedankenexperimente berühmter Philosophen vor. Durchaus anspruchsvoll, aber doch sehr unterhaltsam geschrieben, lädt es nicht nur zum Lesen, sondern vor allem zum Miträtseln und philosophieren ein. Anschauliche, teils auch abwegige Beispiele aus den unterschiedlichsten Gebieten der Wissenschaft lassen keine Langweile aufkommen. Dazu gibt es Hinweise zur Durchführung eigener Gedankenexperimente und kurze Erläuterungen zu den wichtigsten der angeführten Denker von Aristoteles bis Wittgenstein. (shrink)