v. 1. Philosophie. Rechtsphilosophie -- v. 2-4. Volkenrecht -- v. 5-6. Rechtsgeschiedenis. Burgerlijk recht. Procesrecht. Octrooirecht. Studie.

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

Prohibition on sex selection may well be unnecessary and oppressive as well as posing risks to women’s lives The urge to select children’s sex is not new. The Babylonian Talmud, a Jewish text completed towards the end of the fifth century of the Christian era, advises couples on means to favour the birth of either a male or a female child.1 The development of amniocentesis alerted the public in the mid-1970s to the scientific potential for prenatal determination of fetal sex,2 (...) and progressive decriminalisation of abortion afforded choice about continuation of pregnancy. The more recent emergence of preimplantation genetic diagnosis (PGD) obviates resort to abortion, and improved techniques of sperm sorting and diagnosis permit creation of zygotes that will ensure the sex of a future child. Growth of biomedical means to select the sex of future children has been accompanied by fear that such means will be employed to favour births of sons, and so perpetuate devaluation of girl children and women’s inferior family and social status. A reaction to this fear has been the demand for legal and medical professional prohibition of sex selection techniques. For instance, the Council of Europe’s Convention on Human Rights and Biomedicine3 provides in article 14 that: The use of techniques of medically assisted procreation shall not be allowed for the purpose of choosing a future child’s sex, except where serious hereditary sex-related disease is to be avoided. Legislation has been enacted in a number of countries, and proposed in others, to prohibit sex selection on non-medical grounds, such as the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 in India. In Canada, for instance, government draft legislation introduced in May 2002 proposes to make it a crime for any person, for the purpose of creating a human …. (shrink)

Sr. Garcia wants to bring readers the image of Marx they might draw from his 1844 economic-philosophical manuscripts which were not published until 1932, on the initiative of the Marx-Engels Institute of Moscow, under the title Zur Kritik der Nationaloeconomie mit einem Schlusskapitel über die Hegelsche Philosophie. He feels the tardy discovery of this work is as significant for the understanding of Marx as the belated discovery of the epistles of Saint John would have been to an understanding of Jesus. (...) Garcia sees his task to be that of "cleaning the coin" of Marxism in order for both of its true faces to be seen. Marx used the word "transubstantiation" to refer to the transformation of the substance of the history of philosophy by the socialist revolution. This is much more than reinterpretation. He likens the socialist transubstantiation of philosophy and Catholicism to the absorption of primitive explanations in science into modern theoretical physics. As the transformation of the son of man into the Son of God was the task of Christianity, the transformation of natural man into the creator and creature of society is the task of socialism. The author is thus trying to show that the atheism attributed to Marx is not inimical to the true values of the Christian myth, but absorbs and transforms them into Humanism, which is the "very theme of our time."—M.B.M. (shrink)

Selections from Hume's major writings are grouped under the headings: Reason and Experience, Reason and Sentiment, and Reason and Religion. There is also a short conclusion entitled "Skepticism." A Treatise on Human Nature, An Enquiry Concerning the Human Understanding, and An Enquiry Concerning the Principles of Morals are from the 1962 and 1947 translations by André Leroy. The Dialogues on Natural Religion were translated in 1912 by Maxime David. Part I gives Hume's account of impressions, ideas, and their relations. Also (...) covered are the crucial arguments on causality from the Treatise and the Enquiry Concerning Understanding--including the role of experience of constant conjunction and the role of instinct in our construction and use of the notion of causality. Part II contains the famous statement from the Treatise that moral matters are "more rightly felt than judged of" and a treatment of the natural and artificial virtues. Considering its central place in recent ethics, the English-speaking reader would miss the familiar lines remarking the passage from "is" to "ought." Part III and the Conclusion are drawn entirely from the Dialogues on Natural Religion.--M. B. M. (shrink)

This book can be useful in a number of ways to teachers and students in social philosophy and allied fields despite the frustrating brevity of the selections, most of which average five pages. Purchased with this severe economy is the advantage of a wide span of selections, starting with Plato and Aristotle, and including those as recent as the 1960s. The selections are comprehensive in viewpoints presented. In addition to professional philosophers we are given the work of theologians, jurists, political (...) theorists, even excerpts from Dante and Camus. Beck follows six problems: man and society, values, authority, law, obligation, and justice, through nine major philosophical "perspectives," an attempt to show the interconnection of philosophic concepts both with each other, and with the methods and presuppositions whereby they were reached. Each section begins with a page or two of introduction in which the editor gives historical background, and perspicuous definitions and analysis of the central ideas. The sections are: Classical Realism, Positivism, Liberalism, Utilitarianism, Idealism, Communism, Pragmatism, Existentialism, and Analytic Philosophy. There is a bibliographical essay which covers secondary material, primary sources not excerpted in the text, and references on special topics. Taken together with fuller use of the sources represented in the editor's selections, this book could be a text for a course in social philosophy, taken alone it is an attractively presented introduction or good browsing for the professional.—M. B. M. (shrink)

Grice tells us that the grounds of judgments of obligation are the fundamental principles of morals, and that it is on these that judgments of moral good depend. He offers a double theory of obligation: basic, grounded in social contract; and ultra, grounded in the character of the particular moral agent. The book presents this case attractively. Although character is thus given a central role, Grice has very little to say about it. He discusses several related problems in ethical theory, (...) as derived from Mill, Sidgwick, and G. E. Moore, and brings to bear considerable analytic technique; a strong example is the distinctions drawn between a motive and a reason for acting, and between a reason for acting and a reason for a judgment. Despite convincing use of examples, and competent reasoning, the upshot is yet another attempt to "ground" morals on a principle from which "moral scientists" can deduce the details. The opposition Grice presents to "the mistaken and almost universal assumption that the ground of moral 'ought' judgments must be some quite simple proposition to the effect that something is good," is his proposal that such grounds are the two simple propositions that some things are obligatory. His characterization of science as "a systematic body of knowledge" completes the nineteenth century flavor of the book. Missing are the concepts of interaction between the character of citizens and the goals of the society in which their contracts and obligations take place, and of the unique contribution of science to morals, that heuristic method which forces change of the body of knowledge, the techniques of investigation, and appropriately to Grice's case, of the character of its practitioners.—M. B. M. (shrink)

The Acarnanian chrēsmologos Amphilytos spoke the verses to Peisistratos just before the battle of Pallene in 546 b.c. They contain a prediction of imminent victory for Peisistratos and total defeat for the Athenians. The Athenians will be routed and deprived of political self-determination, while the victory will restore to Peisistratos the tyranny from which he was twice forced, ‘rooting’ it once for all. Of course, all of this appears quite evident from the narrative. But as the verses form part of (...) Herodotos' account of Peisistratos' ascent to power they amount to much more, for they constitute penultimate proof of Peisistratos' irresistibility , a recurrent theme in Herodotos' logos, but one which was undoubtedly encouraged by his Athenian sources as a means of explaining how the Athenians were forced to yield the tyranny. Indeed, the theme of irresistibility helps to excuse the Athenians for being overcome; as much of the logos, which is historically quite vague, it is a reaction to fact, not factual itself. (shrink)

This book is a qualitative, interpretive, phenomenological, and interdisciplinary, examination of food and food practices and their meanings in the modern world. Each chapter thematically focuses upon a particular food practice and on some key details of the examined practice, or on the practice’s social and cultural impact.

This latest in attempts to collect statements from living American philosophers presents thoughts and interests of those writing in the "middle decades," the fifty years from 1920 to 1970. The editor has restricted himself to America’s senior philosophers asking each to reflect on "the things that matter most," or "to share the motifs in their work and to present concerns about their world". Although some influential elders are missing from this collection, an interesting variety of viewpoints and styles of American (...) philosophizing are represented. Especially interesting are the reflections of Brand Blanshard, Edwin Burtt, Herbert Feigl, Charles Hartshorne, Stephen Pepper, Roy Wood Sellars, and Herbert Spiegelberg. Blanshard traces his development from the influences upon him of Bradley, and describes his own rationalist ethics and humanist religion. Herbert Feigl in an even more autobiographical vein relates how he came under the important influence of Moritz Schlick and to be a member of the Vienna Circle. Also included in his article is a summary of his views on the issues of induction, scientific explanation, the mind-body problem, determinism, and some matters of practical philosophy. Pepper explains how he originated the idea of world hypotheses, and how he believes these hypotheses themselves originate and function, and Spiegelberg sketches an intriguing "ethics for fellows in the fate of existence." In his essay Hartshorne mixes comments on pragmatism, idealism, and the "linguistic turn," with explanations of his own "neoclassical metaphysics."—B.M. (shrink)