[Sebastian Gardner] German idealism has been pictured as an unwarranted deviation from the central epistemological orientation of modern philosophy, and its close historical association with German romanticism is adduced in support of this verdict. This paper proposes an interpretation of German idealism which seeks to grant key importance to its connection with romanticism without thereby undermining its philosophical rationality. I suggest that the fundamental motivation of German idealism is axiological, and that its augment of Kant's idealism is intelligible in (...) terms of its combined aim of consolidating the transcendental turn and legitimating the kind of relation to value articulated in German romanticism. /// [Paul Franks] German idealists regard Spinozism as both the realism that outflanks Kant's idealism and the source of the conception of systematicity with which to fortify idealism. But they offer little argument for this view. To fill the gap, I reconstruct arguments that could underlie Jacobi's and Pistorius's tentative but influential suggestions that Kant is or should be a Spinozist. Kant is indeed a monist about phenomena, but, unlike Spinoza, a pluralist about noumena. Nevertheless, it is arguable that the Third Antinomy can be solved by a more thoroughgoing Spinozistic monism. The resulting Spinozism outflanks Kant by acknowledging Jacobi's charge that philosophy annihilates immediacy and individuality, whereas Kant's commitment to things in themselves can seem a half-hearted attempt to avoid the charge. However, the German idealist contention is that only a synthesis of such a Spinozism with Kantian idealism can retrieve immediacy and individuality, thus overcoming nihilism. (shrink)

The first full-scale history of cognitive science, this work addresses a central issue: What is the nature of knowledge?

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

Many of us agree that we ought not to wrong future people, but there remains disagreement about which of our actions can wrong them. Can we wrong individuals whose lives are worth living by taking actions that result in their very existence? The problem of justifying an answer to this question has come to be known as the non-identity problem.[1] While the literature contains an array of strategies for solving the problem,[2] in this paper I will take what I call (...) the harm-based approach, and I will defend an account of harming—which I call the existence account of harming—that can vindicate this approach. -/- Roughly put, the harm-based approach holds that, by acting in ways that result in the existence of individuals whose lives are worth living, we can harm and thereby wrong those individuals. An initially plausible way to try to justify this approach is to endorse the non-comparative account of harming, which holds that an event harms an individual just in case it causes her to be in a bad state, such that the state’s badness does not derive from a comparison between that state and some alternative state that the individual would or could have been in. However, many philosophers argue that the non-comparative account of harming is inadequate,[3] and one might be tempted to infer from this that any harm-based approach to the non-identity problem will fail. My proposal, which I call the existence account of harming, will show that this inference is faulty: we can vindicate the harm-based approach without relying on the non-comparative account of harming. (shrink)

This book collects John Gardner's celebrated essays on the theory of private law, alongside two new essays. Together they range across the central puzzles in understanding the significance of outcomes, the role of justice in private law, strict liability, the reasonable person standard, and the role of public policy in tort law.

_ Source: _Volume 14, Issue 1, pp 73 - 87 According to action-relative accounts of harming, an action harms someone only if it makes her worse off in some respect than she would have been, had the action not been performed. Action-relative accounts can be contrasted with effect-relative accounts, which hold that an action may harm an individual in virtue of its effects on that individual, regardless of whether the individual would have been better off in the absence of the (...) action. In this paper, I argue that our judgments about the strength of the reason against harming lend support to effect-relative accounts over action-relative accounts. I first criticize Fiona Woollard’s argument for the claim that an effect-relative account of harming could ground only a weak reason against harming. I then argue for a set of three principles that can be conjoined with an effect-relative account to explain the strength of the reason against harming. (shrink)

Consider a duty of beneficence towards a particular individual, S, and call a reason that is grounded in that duty a “beneficence reason towards S.” Call a person who will be brought into existence by an act of procreation the “resultant person.” Is there ever a beneficence reason towards the resultant person for an agent to procreate? In this paper, I argue for such a reason by appealing to two main premises. First, we owe a pro tanto duty of beneficence (...) to future persons; and second, some of us can benefit some of those persons by procreating. In support of the first premise I reject the presentist account of time in favor of the view that future persons are just as real as presently existing persons. I then argue that future persons are like us in all the morally relevant ways, and since we owe duties of beneficence to each other, we also owe duties of beneficence to future persons. In support of the second premise I offer an account of benefiting according to which an individual can be benefited by an action even if it makes her no better off than she would have been, had the action not been performed. This account of benefiting solves what I call the “non-identity benefit problem.” Finally, I argue that having a life worth living is a benefit, and some of us can cause some persons that benefit by causing them to exist. (shrink)

In this paper I attempt a general explanation of the role played by the reasonable person in law, especially but not only in the common law. I relate my explanation to some problems about the very nature of law, and some problems about the ideal of the rule of law.

Author: Dembowski Bronisław Title: ABOUT PROFESSOR WŁADYSŁAW TATARKIEWICZ. MEMOIRS OF A PUPIL (O profesorze Władysławie Tatarkiewiczu (1886–1980). Wspomnienia ucznia) Source: Filo-Sofija year: 2011, vol:.13/14, number: 2011/2-3, pages: 433-450 Keywords: WŁADYSŁAW TATARKIEWICZ, MEMOIRS OF THE PUPIL Discipline: PHILOSOPHY Language: POLISH Document type: ARTICLE Publication order reference (Primary author’s office address): E-mail: www:In the context of his biography, the author presents memoirs about Tatarkiewicz. From the early years after World War II, he shows Tatarkiewicz’s work in Warsaw University, his philosophical seminar and (...) his firing from the University. He also describes further fortune of Tatarkiewicz’s pupils (mostly Marxists and others) in their academic career and personal life. (shrink)

This article seeks to trace the origins of the requirement that a squatter must have an intention to possess (animus possidendi) in order to establish title by adverse possession. The requirement has been confirmed by the House of Lords in the recent case of Pye (Oxford) Ltd v Graham [2003] 1 AC 419. Its origins can readily be traced back to the decision of the Court of Appeal in Littledale v Liverpool College [1900] 1 Ch 19, but there is little (...) evidence of any need for intention before that case, and no convincing authority is cited for it. Possible explanations for the source of this requirement are considered by the article (for instance cases on re-entry by landlords and the so-called ‘found chattel’ cases), but these are ultimately rejected. The article goes on to suggest that the reason for this is that the intention requirement was ‘imported’ into English law from German Pandectist writers of the nineteenth century. It suggests that Littledale was the case in which this happened. It seeks to support this hypothesis by reference to biographical details of Lindley MR, who gave the leading judgment in Littledale, and who not only trained in part in Germany but also took an active interest in German scholarship of the time. A brief survey of the relevant German sources is undertaken, focusing primarily on the work of Savigny, but also considering the rival theory of Jhering. Finally, it tracks the development and refinement of the content of animus possidendi, first by 19th century legal scholars and then by 20th century judges, to make it ‘fit’ with English property law. It seeks to address the question of whether the animus possidendi requirement is a free-standing element (the ‘strong’ will theory), or whether it is simply implied from the acts of the squatter (the ‘weak’ will theory), and suggests a solution by reference to the German sources and later English cases. Finally, it considers how the House of Lords decision in Pye reflects the logical culmination of the acceptance of this ‘legal transplant’ into the common law. (shrink)

Galenosphere is an environment of silence. The paper addresses the issue of the essence and significance of galenosphere. To this end, it presents the structure and functioning of galenosphere, i.e. its two crucial components. Moreover, the structure of galenosphere includes static and dynamic elements. The latter determine the functioning of this type of environment. Eight most important sectors that affect the operation of galenosphere were identified. Some of them (the culture of language, noise elimination, creating an environment promoting silence and (...) a prayer for silence) contribute to the emergence of a structured environment of silence, whereas others (positive attitude towards calming down, concentration of the mind and emotions, inner concentration and the ability to be silent) constitute components which directly participate in the formation of an environment of silence. A structured environment of silence is the most effective in operation. The paper points out various advantages offered to the human being by a structured galenosphere. The most significant ones include: successful self-improvement, improvement of spoken and written language skills, effective pedagogic activities, establishing good relationships with other people and getting a deeper insight into the sense of life. The discussion leads to the conclusion that the human being should be provided with optimal working conditions and conditions for development in various areas by the formation of a structured galenosphere (in the family, at school, in the office, etc.). (shrink)

This paper is concerned with the issue of public opinion considered from two points of view: ethical and educational. It has been inspired by the insufficient knowledge of society about public opinion as well as the gullibility of the general public as regards the acceptance of the results of public opinion polls. Therefore, the ethical and educational dimension of this phenomenon are not recognized, which results in a severe lack of research and publications on the topic. The paper consists of (...) three parts. The first part introduces basic facts about public opinion and its major mechanisms. The second one deals with the phenomenon of public opinion as an ethical problem, while the third one is devoted to the problem of education aimed at the development of mature perception of public opinion and active participation in the process. The problem of public opinion is treated as an important and urgent task for ethicists and teachers. This seems relevant as an increasing influence of public opinion on both individuals and a whole society is observed in various areas, including politics, economy, culture and trade. Public opinion also affects an information order, which is of significance to the state and its citizens in the light of the emergence of a communication society. (shrink)

This paper is concerned with the attitude of communication society towards the layer of ethical values. Contrary to what constitutes information society, the conception of communication society is based on the credibility of information, which is a significant component of human communication, and social bonds, which are the basis for any communication. Therefore, it is hypothesized that logosphere, which is the environment of the word, can effectively influence the ethical foundations of communication society and contribute to the development of such (...) society. The chief asset of logosphere is based on its properties: the primacy of the word, dialogicity, and its environmental character. Owing to these features logosphere can positively affect the ethical layer of communication society, provided it constitutes an arranged environment of the word. (shrink)

Prominent consumer depression manuals issued in recent years circulate a standard depression script as scientific knowledge. The script, asserting that a broad spectrum of depressions are brain illnesses that require antidepressant treatment, is in fact highly contested among researchers. This paper reviews the logical problematics of these manuals, and how such discourse promotes the diagnosis and pharmaceutical treatment of behaviors ranging from mild symptoms to severe depression. In keeping with the trends of pharmaceutical advertising and State health policy, these manuals (...) encourage consumers to self-scrutinize risky behavior, and to treat common behavioral and mood distresses with antidepressants. Ultimately, these activities of self-management function to produce a more productive citizen population. (shrink)

Gathers interviews with John Gardner from each period of his career, and offers a brief profile of his life and accomplishments.

Sartre’s discussion of «being-with-others» in Part Three of Being and Nothingness is extraordinarily rich and highly original. At its core, I argue, lies an insight into the aporetic character of intersubjectivity – «the scandal of the plurality of consciousnesses», as Sartre puts it – which emerges most clearly in his critique of Hegel’s theory of intersubjectivity. My aim in this paper is to isolate this thesis of Sartre’s and spell out his grounds for it. I argue furthermore that Hegel’s conception (...) of intersubjectivity corresponds to that of natural consciousness, such that, in rejecting Hegel, Sartre is also impugning the reality of a conception integral to ordinary thought. I suggest that Sartre’s insight also holds the key to his distinctive approach to social and political theory in the Critique of Dialectical Reason. (shrink)

Sometimes a theory is interpreted realistically--i.e., as literally true--whereas sometimes a theory is interpreted instrumentalistically--i.e., as merely a convenient device for summarizing, systematizing, deducing, etc., a given body of observable facts. This paper is part of a program aimed at determining the basis on which scientists decide on which of these interpretations to accept a theory. I proceed by examining one case: the nineteenth-century debates about the existence of atoms. I argue that there was a gradual transition from an instrumentalist (...) to a realistic acceptance of the atomic theory, because of gradual increases in its predictive power, the "testedness" of its hypotheses, the "determinateness" of its quantities, and because of resolutions of doubts about the acceptability of its basic explanatory concepts. (shrink)

Suzanne Uniacke, Permissible Killing: The Self?Defense Justification of Homicide Cambridge University Press, 1994, 231 pp.

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

There is a clear distinction between genuine and fraudulent reasoning. Being seduced by the latter can result in horrific consequences. This paper explores how we can arm ourselves, and others with the ability to recognize the difference between genuine and pseudo-reasoning, with the motivation to maintain an unbending commitment to follow the “impersonal” “norm-driven” rules of reason even in situations in which “non-reasonable” strategies appear to support short-term bests interests, and with the confidence that genuine reasoning is the best defense (...) against the pseudo-reasoning. It also provides a simple table of “markers” whereby genuine reasoning can be distinguished from the “fake stuff.”. (shrink)

The paper presents the structure and functioning of mediosphere and then discusses it in the context of ethics. It is a phenomenon which belongs to the domain of environment, and therefore exhibits a high level of effectiveness. Mediosphere is an environment generated by the media which are used by people. The human being is the most important element of this environment and influences it in a peculiar way. Hence, each mediosphere is different. The structure and functioning of mediosphere is affected (...) by its layers, namely logosphere, iconosphere, sonosphere, and galenosphere. A consequence of the ‘environmental’ nature of mediosphere is that negative effects of particular phenomena pertaining to the activity of the media are cumulated. Therefore, the ethical aspects of mediosphere are very important and topical. Reflections on this facet of mediosphere may prove useful for both people involved in the media and teachers, whose task, among others, is to prepare students for an adequate reception of what is offered by the press, radio, television, and the Internet. The discussion includes reference to examples of studies by those Western authors who propose practical guidelines and precautionary measures to prevent violation of ethical principles in the functioning of mediosphere. (shrink)

Peter Gardner; The Paradox of Moral Education: a reassessment, Journal of Philosophy of Education, Volume 19, Issue 1, 30 May 2006, Pages 39–48, https://doi.org.

This paper tackles three common misconceptions about responsibility. The first misconception is that it is against our interests to be responsible for our actions. The second is that our responsibility for our actions is fixed at the time when we act. The third is that we can only be responsible to someone in particular, not responsible full stop. The three misconceptions turn out to be related, and disabusing ourselves of them helps us to rediscover the most fundamental point of the (...) courtroom trial. (shrink)

In this paper I offer a selective, systematic rather than historical account of Merleau-Ponty’s highly complex relation to classical German philosophy, focussing on issues which bear on the question of his relation to transcendentalism and naturalism. I argue that the concerns which define his project in Phenomenology of Perception are fundamentally those of transcendental philosophy, and that Merleau-Ponty’s disagreements with Kant, and the position he arrives at in The Visible and the Invisible, are helpfully viewed in light of issues which (...) Merleau-Ponty identifies as raised by Kant’s Critique of the Power of Judgement, and Schelling’s conversion of Kantian idealism into a Real-Idealismus. Finally I address the question of whether, and on what basis, Merleau-Ponty’s claim to have surpassed systematic philosophy can be defended. (shrink)