How often our actions go awry because our perceptions are at odds with reality! This book examines the legal issues that arise when we seek to avoid the untoward consequences of an action by claiming that our perception was flawed. We all make mistakes. Some have unfortunate consequences: we might overpay a debt or make an unfavourable contract, or we might be sued or accused of a crime as a result of our mistake. Claims to alleviation on the grounds of (...) mistake are likely to arise wherever the law prescribes a state of mind as a prerequisite for the application of a legal rule. This book asks when the fact that a person made a mistake should entitle them to alleviation. This may involve the intention to enter into a contract or a payment, in which case a person could seek its reversal, or it might involve the intent to commit a tort or crime, in which case they could seek forgiveness for the offence. Farnsworth defines 'alleviating' mistakes as those which entitle a person to relief from untoward consequences of their mistake.There is no general 'law of mistake', and despite their similarities, few discussions of mistake in one setting pause to consider mistakes in other contexts. The goals of fields as disparate as contracts and criminal law are very different: how do these differences affect the treatment of mistakes? Farnsworth sets out a new taxonomy of mistakes. His analysis reveals that over the past century, there has been a remarkable increase in the receptivity of courts and scholars to claims for both reversal and forgiveness- a waxing of alleviating mistakes. (shrink)

We dedicate this book to John Thibaut. He was mentor and personal friend to one of us, and his work had a profound intellectual influence on both of us. We were both strongly influenced by Thibaut's insightful articulation of the importance to psychology of the concept of pro cedural justice and by his empirical work with Laurens Walker in reactions to legal institu demonstrating the role of procedural justice tions. The great importance we accord the Thibaut and Walker work is (...) evident throughout this volume. If anyone person can be said to have created an entire field of inquiry, John Thibaut created the psychological study of procedural justice. (To honor Thibaut thus in no sense reduces our recognition of the contributions of his co-worker, Laurens Walker, in the creation of the field. We are as certain that Walker would endorse our statement as we are that Thibaut, with characteristic modesty, would demur from it. ) Even to praise Thibaut in this fashion falls short of recognizing all of his contributions to procedural justice. Not only did he initiate the psy chological study of the topic, he also built much of the intellectual foun dation upon which the study of procedural justice rests. Thibaut's work with Harold Kelley (1959; Kelley & Thibaut, 1978) created a social psy chological theory of interdependence that, among many other applica tions, serves as the basis for one of the major models of the psychology of procedural justice. (shrink)

In this thorough compendium, nineteen accomplished scholars explore, in some manner the values they find inherent in the world, their nature, and revelence through the thought of Frederick Ferré. These essays, informed by the insights of Ferré and coming from manifold perspectives—ethics, philosophy, theology, and environmental studies, advance an ambitious challenge to current intellectual and scholarly fashions.

In this thorough compendium, nineteen accomplished scholars explore, in some manner the values they find inherent in the world, their nature, and revelence through the thought of Frederick FerrZ. These essays, informed by the insights of FerrZ and coming from manifold perspectives—ethics, philosophy, theology, and environmental studies, advance an ambitious challenge to current intellectual and scholarly fashions.

This book builds on the idea that pragmatics and philosophy are strictly interconnected and that advances in one area will generate consequential advantages in the other area. The first part of the book, entitled ‘Theoretical Approaches to Philosophy of Language’, contains contributions by philosophers of language on connectives, intensional contexts, demonstratives, subsententials, and implicit indirect reports. The second part, ‘Pragmatics in Discourse’, presents contributions that are more empirically based or of a more applicative nature and that deal with the pragmatics (...) of discourse, argumentation, pragmatics and law, and context. The book presents perspectives which, generally, make most of the Gricean idea of the centrality of a speaker’s intention in attribution of meaning to utterances, whether one is interested in the level of sentence-like units or larger chunks of discourse. (shrink)

Scholars of classical philosophy have long disputed whether Aristotle was a dialectical thinker. Most agree that Aristotle contrasts dialectical reasoning with demonstrative reasoning, where the former reasons from generally accepted opinions and the latter reasons from the true and primary. Starting with a grasp on truth, demonstration never relinquishes it. Starting with opinion, how could dialectical reasoning ever reach truth, much less the truth about first principles? Is dialectic then an exercise that reiterates the prejudices of one's times and at (...) best allows one to persuade others by appealing to these prejudices, or is it the royal road to first principles and philosophical wisdom? In From Puzzles to Principles? May Sim gathers experts to argue both these positions and offer a variety of interpretive possibilities. The contributors' thoughtful reflections on the nature and limits of dialectic should play a crucial role in Aristotelian scholarship. (shrink)

Every student of the twentieth century has heard both of the great Viennese economist Friedrich von Hayek and of the equally great philosopher Ludwig Wittgenstein. But what isn't well known is that the two were distant cousins and that, shortly after Wittgenstein's death in 1951, Hayek set out to write a biography of his cousin. The project was derailed by Wittgenstein family members, who felt it was to soon to publish such a work - especially one like Hayek's, so candid (...) about his cousin's difficulties and depressions. But Hayek's draft acquired an underground readership, and Wittgensteins biographers have used it extensively. Here finally, is the text of that work itself - a true goldmine in being one great thinker's view of another, whom he knew personally, even if not well. Hayek's account has the great merit of being close to its subject; the draft, moreover sheds light, not only on Wittgenstein but on Hayek as well. (shrink)

O idealismo transcendental anunciado por Husserl como idêntico à própria fenomenologia nunca deixou de ser um dos pontos mais polêmicos de sua filosofia. A esse respeito, um dos primeiros críticos da posição filosófica esposada publicamente por Husserl a partir de Ideias para uma fenomenologia pura foi seu outrora aluno Roman Ingarden. Seu denso e resoluto criticismo em relação à perspectiva idealista de Husserl é amparado por minuciosas investigações de ordem ontológica, contidas sobretudo em seu magnum opus, Controvérsia acerca da existência (...) do mundo. Contudo, algumas das discussões aí indicadas já se faziam presentes em seu famoso escrito A obra de arte literária, de 1929. Com efeito, neste texto, que busca demarcar o estatuto ontológico das obras literárias, Ingarden já empreende análises que lhe permitem questionar alguns dos pressupostos centrais ao idealismo transcendental advogado por Husserl. A proposta do presente trabalho é apresentar algumas das noções básicas da ontologia ingardeniana, bem como sua visão acerca do modo de ser da obra literária, e tentar compreender como estes elementos se coordenam a fim de fornecer a Ingarden alguns dos elementos que lhe permitem ensaiar uma resposta realista à perspectiva de Husserl. (shrink)

In this paper, I defend the claim, made by G. E. M. Anscombe and J. L. Austin, that you can insult someone by refusing her testimony. I argue that refusing someone’s testimony can manifest doubt about her credibility, which in the relevant cases is offensive to her, given that she presupposed her credibility by telling what she did. I conclude by sketching three applications of my conclusion: to the issue of valuable false belief, to the issue of testimonial injustice, and (...) to the issue of skepticism about testimonial knowledge. (shrink)

Book reviewed in this article: Ethical Issues in Social Research. Edited by Tom L. Beauchamp, Ruth R. Faden, R. Jay Wallace, Jr., and LeRoy Walters. Baltimore: The Johns Hopkins University Press, 1982. xii + 436 pp. $25.00 (hardcover); $8.95 (paper). Ethics of Human Subject Research. Edited by Allan J. Kimmel, Jr. San Francisco: Jossey‐Bass, 1981. 106 pp. $6.95 (paper). Social Research Ethics. Edited by Martin Bulmer. New York: Holmes & Meier, 1982. xiv + 284 pp. $39.50 (hardcover); $14.50 (paper). (...) The Ethics of Social Research: Field‐work, Regulation and Publication. Edited by Joan E. Sieber. New York: Springer‐Verlag, 1982. x + 187 pp. $23.50 (hardcover). The Ethics of Social Research: Surveys and Experiments. Edited by Joan E. Sieber. New York: Springer‐Verlag, 1982. xii + 249 pp. $23.50 (hardcover). (shrink)

Although "objectivity" is a term used widely in many areas of public discourse, from discussions concerning the media and politics to debates over political correctness and cultural literacy, the question "What is objectivity?" is often ignored, as if the answer were obvious. In this volume, Allan Megill has gathered essays from fourteen leading scholars in a variety of fields--history, anthropology, philosophy, psychology, history of science, sociology of science, feminist studies, literary studies, and accounting--to gain critical understanding of the idea (...) of objectivity as it functions in today's world. In diverse essays the authors provide fascinating studies of objectivity in such areas as anthropological research, corporate and governmental bureaucracies, legal discourse, photography, and the study and practice of the natural sciences. Taken together, Megill argues, this volume calls for developing a notion of "objectivities." The absolute sense of objectivity--that is, objectivity as a "God's eye view"--must be supplemented, and in part supplanted, by disciplinary, procedural, and dialectical senses of objectivity. This book will be of great interest to a broad range of scholars as it presents current thinking on a topic of fundamental concern across the disciplines in the humanities and social sciences. Contributors. Barry Barnes, Dagmar Barnouw, Lorraine Code, Lorraine Daston, Johannes Fabian, Kenneth J. Gergen, Mary E. Hawkesworth, Barbara Herrnstein Smith, Evelyn Fox Keller, George Levine, Allan Megill, Peter Miller, Andy Pickering, Theodore M. Porter. (shrink)

Book Review: "Paul E. Ceruzzi. Computing: A Concise History." Isis, 104, No. 3 (September 2013), pp. 640-641.

O presente trabalho pretende abordar a teoria da unidade do valor, enquanto teoria geral da interpretação. Ao superar a suposta divisão entre direito e moral, considerando a atividade interpretativa o elemento central de uma teoria normativa de todo o empreendimento humano, Dworkin evidencia as limitações do positivismo jurídico concebido por Hart em fornecer soluções adequadas aos “casos difíceis” e amplia o espectro para se encontrar uma “resposta correta” aos casos concretos em uma teoria normativa atrelada à moralidade política, manifestada pela (...) atividade interpretativa, cujo sentido será o valor atribuído pelo intérprete a um determinado fato ou objeto. (shrink)

I defend the view that there is a privileged class of propositions – that there is an external world, among other such 'hinge propositions'– that possess a special epistemic status: justified belief in these propositions is not defeated unless one has sufficient reason to believe their negation. Two arguments are given for this conclusion. Finally, three proposals are offered as morals of the preceding story: first, our justification for hinge propositions must be understood as defeatable, second, antiskeptics must explain our (...) knowledge in the face of 'actual world' skepticism (like dreaming skepticism) as much as in the face of the usual sort (like brain-in-vat skepticism), and, finally, our justification for hinge propositions is basic (i.e. non-inferential). (shrink)

Doll, R. C. Foreword.--Conant, J. B. The education of American teachers.--Holt, J. How children fail.--Dewey, J. Democracy and education.--Whitehead, A. N. The aims of education.--Goodman, P. Compulsory mis-education.--Erikson, E. H. Childhood and society.--Rogers, C. R. On becoming a person.--Bruner, J. S. The process of education.--Silberman, C. E. Crisis in the classroom.

This study provides a step by step explanation of André Malraux’s theory of art. Drawing on his major works, such as "The Voices of Silence" and "The Metamorphosis of the Gods," it examines topics such as the nature of artistic creation, the psychology of our response to art, the birth of the notion of “art” itself and its transformation after Manet, the birth and death of the idea of beauty, the neglected question of the relationship between art and the passage (...) of time, the emergence of our “first universal world of art,” the contemporary role of the art museum and the musée imaginaire, and the contentious question of the relationship between art and history. -/- Rejecting negative criticisms from writers such as Maurice Merleau-Ponty and E. H. Gombrich, the study argues that Malraux offers us a theory of art that is fully coherent and highly illuminating. In addition, the analysis shows that he presents a radical challenge to the traditional explanations of art inherited from the Enlightenment that have dominated Western thinking for some three hundred years. In short, the study unveils a way of understanding art that is nothing short of an intellectual revolution. -/- The book is the English version of a study entitled André Malraux et l’Art: Une Révolution Intellectuelle published in French by Peter Lang in April 2021. (shrink)

This paper concerns would-be necessary connections between doxastic attitudes about the epistemic statuses of your doxastic attitudes, or ‘higher-order epistemic attitudes’, and the epistemic statuses of those doxastic attitudes. I will argue that, in some situations, it can be reasonable for a person to believe p and to suspend judgment about whether believing p is reasonable for her. This will set the stage for an account of the virtue of intellectual humility, on which humility is a matter of your higher-order (...) epistemic attitudes. Recent discussions in the epistemology of disagreement have assumed that the question of the proper response to disagreement about p concerns whether you ought to change your doxastic attitude towards p. My conclusion here suggests an alternative approach, on which the question of the proper response to disagreement about p concerns the proper doxastic attitude to adopt concerning the epistemic status of your doxastic attitude towards p.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.HIGHER-ORDER EPISTEMIC ATTITUDES AND INTELLECTUAL HUMILITYVolume 9, Issue 3Allan HazlettDOI: https://doi.org/10.1017/epi.2012.11Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. HIGHER-ORDER EPISTEMIC ATTITUDES AND INTELLECTUAL HUMILITYVolume 9, Issue 3Allan HazlettDOI: https://doi.org/10.1017/epi.2012.11Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. HIGHER-ORDER EPISTEMIC ATTITUDES AND INTELLECTUAL HUMILITYVolume 9, Issue 3Allan HazlettDOI: https://doi.org/10.1017/epi.2012.11Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)