I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. (...) According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights. My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable. I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources. (shrink)

Suppose you are on a commercial airplane that is flying at 35,000 feet. Next to you sits a man who appears to be sleeping. In fact, this man has been drugged and put upon the plane without his knowledge or consent. He has never flown on a plane before and, indeed, has no idea what an airplane is. Suddenly the man awakes and looks around him. Terrified by the alien environment in which he finds himself, he searches for a door (...) or window from which to make an escape. As luck would have it, he is seated right next to a window exit and he begins to pull the handle that will open the window. You are aware that opening the window exit at this altitude will cause the cabin to quickly depressurize and that this man, you, and probably several other passengers will be sucked out the window to your deaths. You desperately want to stop him from opening the window. Now assume that for some reason it is impossible to prevent him physically from performing the deadly act. Your only option is to rationally persuade him to leave the window exit alone. You cry out to him and, with both hands on the handles, he turns to face you and waits to hear what you have to say. What sort of argument would you make? (shrink)

This book analyses the moral theory of the seventh century Indian Mahayana master, Santideva. Santideva is the author of the well-known religious poem the Bodhicaryavatara (Entering the Path of Enlightenment) , as well as the significant, but relatively overlooked, Siksasamuccaya (Compendium of Teachings) . Both of these works describe the nature and path of the bodhisattva, the altruistic spiritual ideal especially exalted in Mahayana literature. With particular focus on the Siksasamuccaya , this work offers a response to three questions: What (...) is Santideva's moral theory? How does it compare to other analyses of Buddhist ethics? Can one moral theory adequately describe Buddhist moral thought? An exegetical account of the bodhisattva path as outlined in the Siksasamuccaya is provided by textual analysis and translations. The central moral concept of this Buddhist thinker and Santideva's ethical presuppositions and moral reasoning are brought to light by analysing the use of key moral terms and comparing them to other Buddhists' principles. It is also considered in relation to dominant Western ethical theories. By focusing on a neglected Buddhist Sanskrit text by a major Mahayana figure, Barbra Clayton helps to redress a significant imbalance in the scholarship on Buddhist ethics, which has up to now focused primarily on the ethics of the Pali literature and as interpreted in the Theravada tradition. (shrink)

Should we believe our controversial philosophical views? Recently, several authors have argued from broadly conciliationist premises that we should not. If they are right, we philosophers face a dilemma: If we believe our views, we are irrational. If we do not, we are not sincere in holding them. This paper offers a way out, proposing an attitude we can rationally take toward our views that can support sincerity of the appropriate sort. We should arrive at our views via a certain (...) sort of ‘insulated’ reasoning – that is, reasoning that involves setting aside certain higher-order worries, such as those provided by disagreement – when we investigate philosophical questions. (shrink)

De natureza qualitativo-interpretativista, nosso estudo objetiva relacionar a educação linguística crítico-decolonial, bem como nossas experiências de vida e formação com as praxiologias freirianas. Redigimos narrativas autobiográficas a partir do questionamento: Como se deu seu primeiro encontro com a práxis freiriana? Produzimos, ainda, uma narrativa biográfica de Paulo, em bricolagem, com dados encontrados em cinco de suas obras. Como resultado de nossos esforços, acreditamos que este texto fortaleceu nosso sonho de vivenciar uma educação pública de qualidade, que encoraje mais sujeitos na (...) luta em defesa dos/as oprimidos/as pela raça, gênero e condição social. (shrink)

Karl Marx has been portrayed in equal measure both as a political prophet who foresaw the end of capitalist exploitation, and as a populist Anti- Christ whose totalitarian legacy has cost millions of lives worldwide. This new biography looks beyond these caricatures in order to understand more about the real Karl Marx; about his everyday life and personal circumstances as well as his political ideology. The book tells the life story of a man of ideas, showing how his political and (...) economic thought developed alongside his life and practical work. Vincent Barnett seeks to paint Karl Marx not as a static, unwavering character, but as a man whose beliefs developed dynamically over time. The book explores his personal background, and problems of personal income and family health. It also examines the influence of Hegel's methods on Marx's work, and his relationship with Engels. This lively, up to date guide to the life of Karl Marx provides an excellent starting point for students in history, politics and philosophy, and for all those with an interest in Marxism and political ideas. (shrink)

The “scientific essentialist” doctrine asserts that the following are examples of a posteriori necessary identities: water is H2O; gold is the element with atomic number 79; and heat is the motion of molecules. Evidence in support of this assertion, however, is difficult to find. Both Hilary Putnam and Saul Kripke have argued convincingly for the existence of a posteriori necessities. Furthermore, Kripke has argued for the existence of a posteriori necessary identities in regard to a particular class of statements involving (...) proper names. Neither Kripke nor Putnam, however, has argued convincingly that sentences containing syntactically complex terms or descriptive phrases can express a posteriori necessary identities. I will argue by way of a hypothetical example that ‘water is H2O’ does not express a necessary identity. My argument is unique in that it attacks the relevant sufficiency claim needed to underwrite this putative necessary identity.1 That is, even if we grant that water is necessarily composed of H2O, we should not accept that H2O necessarily forms water. (shrink)

The two standard theories of vagueness—vagueness-as-ignorance and vagueness-asindeterminacy—agree on the following principle: if you are certain that it is clearly vague whether p, then you clearly should not believe p and you clearly should not believe not-p. I argue against the principle, and thus against the two standard theories. I offer an explanation of the initial appeal of the principle. And I show how a rival principle helps to better explain a recalcitrant trio of widely accepted data.

Barnett argues that the United Nations, by operating on the principle of the consent of the parties, can encourage the development of a more stable and cooperative security architecture.

Religion and spirituality are important aspects of the lives of most psychotherapy clients. Unfortunately, many psychotherapists lack the training to effectively and ethically address these issues with their clients. At times, religious or spiritual concerns may be relevant to the reasons clients seek treatment, either as areas of conflict or distress for clients or as sources of strength and support that the psychotherapist may access to enhance the benefit of psychotherapy. This article reviews persistent ethical issues and dilemmas relevant to (...) providing psychotherapy to clients for whom issues of religion and spirituality are clinically relevant. Ethical considerations include assessment, advertising and public statements, informed consent, competence, boundary issues and multiple relationships, cooperation with other professionals, and how to effectively integrate religious and spiritual interventions into ongoing psychotherapy. A decision-making process is presented to guide psychotherapists in their clinical work with clients for whom religious and spiritual issues are salient or clearly linked to their presenting problems. (shrink)

While doubt is nothing new, it has now become much more harmful to Christian faith, and it is the major cause of the recent decline in American Christianity, according to new findings of the Next Generation Project. Given the serious threat posed to the next generation by unanswered questions and unresolved doubts, Christians must better meet our biblical obligations to doubters and those with questions. If and only if we faithfully fulfill these duties—answering their questions and offering them good reasons (...) to believe—we can expect a bright future for the American church. (shrink)

This paper considers the use of textual analysis of oral histories as a method for historians of nursing. Fifty‐three oral histories of retired nurses in midwestern USA were analyzed for the purpose of historical reconstruction of past education experiences in nursing. Textual analysis was used to determine how nurses made sense of their educational experiences, and it involved gathering data, analyzing the information, and using a different method of interpreting the data. Although the participants responded to specific questions, the oral (...) histories in this study are more than mere answers to the researchers’ queries. The participants’ memories are narratives that are the joint product of both the historian and the participant. As such, the oral history becomes a text to be stored along with other primary sources for future historians’ use. The research also suggests decentering oral histories from an exclusively academic agenda and focusing more on what the participants choose to remember and why they make those choices. (shrink)

Although the condition known as synaesthesia is currently undergoing a scientific resurgence, to date the literature has largely focused on the heterogeneous nature of synaesthesia across individuals. In order to provide a better understanding of synaesthesia, however, general characteristics need to be investigated. Synaesthetic experiences are often described as occurring ‘internally’ or in the ‘mind’s eye’, which is remarkably similar to how we would describe our experience of visual mental imagery. We assessed the role of visual imagery in synaesthesia by (...) sampling a large group of synaesthetes and found that they report experiencing more vivid mental images than controls. These findings have important implications for our general understanding of synaesthesia and, in particular, emphasize the need to control for visual imagery in behavioural and neuroimaging paradigms. (shrink)

On two standard views of vagueness, vagueness as to whether Harry is bald entails that nobody knows whether Harry is bald—either because vagueness is a type of missing truth, and so there is nothing to know, or because vagueness is a type of ignorance, and so even though there is a truth of the matter, nobody can know what that truth is. Vagueness as to whether Harry is bald does entail that nobody clearly knows that Harry is bald and that (...) nobody clearly knows that Harry is not bald. But it does not entail that nobody knows that Harry is bald or that nobody knows that Harry is not bald. Hence, the two standard views of vagueness are mistaken. (shrink)

Language anomalies and left-hemisphere dysfunction are commonly reported in schizophrenia. Additional evidence also suggests differences in the integration of information between the hemispheres. Bilateral gain is the increase in accuracy and decrease in latency that occurs when identical information is presented simultaneously to both hemispheres. This study measured bilateral gain in controls and individuals with schizophrenia using a lexical-decision task where word or non-word judgements were made to letter strings presented in the left visual field , right visual field or (...) bilaterally . Language was not abnormally lateralized in the schizophrenia group. Controls exhibited the expected decrease in latency when words were presented bilaterally. This effect was not observed in the schizophrenia group who were actually disadvantaged in this condition. The lack of bilateral gain in schizophrenia is discussed as arising from differences in the connections between areas in each hemisphere that mediate language. (shrink)

Academic life in the UK is striking for the degree to which it is separated from the wider society and, particularly so, so far as the humanities and the social sciences are concerned. Whether the...

In an urbane and persuasive tract for our time, the distinguished Catholic theologian combines a comprehensive metaphysics with a sensitivity to contemporary existentialist thought. Father Murray traces the “problem of God” from its origins in the Old Testament, through its development in the Christian Fathers and the definitive statement by Aquinas, to its denial by modern materialism.Students and nonspecialist intellectuals may both benefit by the book, which illuminates the problem of development of doctrine that is now, even more than in (...) the days of Newman, a fundamental issue between Roman Catholic and Protestant, theologians and nonspecialst intellectuals alike will find the subject of vital interest. As a challenge to the ecumenical dialogue, the question is raised whether, in the course of its development through different phases, the problem of God has come back to its original position. Father Murray is Ordinary professor of theology at Woodstock College, Woodstock, Maryland. St. Thomas More Lectures, 1."A gem of a book—lucid, illuminating, brilliantly written. A fine contribution to the current Catholic theological renaissance."—Paul Weiss. (shrink)

In this classic work, L.D. Barnett delves into the ancient Indian science of Brahma-knowledge. Drawing from sources that predate the Vedas, Barnett presents a detailed study of the cosmology and spirituality of the Brahma tradition, exploring the nature of the universe, the workings of the human mind, and the path to enlightenment. This insightful and beautifully written book is a must-read for anyone interested in the spiritual traditions of India. 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)

This book offers sweeping and cogent arguments as to why analytic philosophers should take experimental cinema seriously as a medium for illuminating mechanisms of meaning in language. Using the analogy of the movie projector, Barnett deconstructs all communication acts into functions of interval, repetition and context. He describes how Wittgenstein's concepts of family resemblance and language games provide a dynamic perspective on the analysis of acts of reference. He then develops a hyper-simplified formula of movement as meaning to discuss, (...) with true equivalence, the process of reference as it occurs in natural language, technical language, poetic language, painting, photography, music, and of course, cinema. Barnett then applies his analytic technique to an original perspective on cine-poetics based on Paul Valery's concept of omnivalence, and to a projection of how this style of analysis, derived from analog cinema, can help us clarify our view of the digital mediasphere and its relation to consciousness. Informed by the philosophy of Quine, Dennett, Merleau-Ponty as well as the later work of Wittgenstein, among others, he uses the film work of Stan Brakhage, Tony Conrad, A.K. Dewdney, Nathaniel Dorsky, Ken Jacobs, Owen Land, Saul Levine, Gregory Markopoulos Michael Snow, and the poetry of Basho, John Cage, John Cayley and Paul Valery to illustrate the power of his unique perspective on meaning. (shrink)

Roger White (2015) sketches an ingenious new solution to the problem of induction. He argues from the principle of indifference for the conclusion that the world is more likely to be induction- friendly than induction-unfriendly. But there is reason to be skeptical about the proposed indifference-based vindication of induction. It can be shown that, in the crucial test cases White concentrates on, the assumption of indifference renders induction no more accurate than random guessing. After discussing this result, the paper explains (...) why the indifference-based argument seemed so compelling, despite ultimately being unsound. (shrink)

Ronald Barnett pursues this quest through an exploration of pairs of contending concepts that speak to the idea of the university such as space and time; being ...

In Barnett and Block (J Bus Ethics 88(4):711–716, 2009a), the present authors claim that borrowing short and lending long is fraudulent, and thus ought to be prohibited on legal grounds. Bagus and Howden (J Bus Ethics 90(3):399, 2009) take issue with our ethical analysis. The present paper is our response to these authors; it is an attempt to defend Barnett and Block (J Bus Ethics 88(4):711–716, 2009a) against the very interesting and important, although we believe, erroneous, criticisms of (...) Bagus and Howden (J Bus Ethics 90(3):399, 2009). (shrink)