This work presents, interprets, and largely defends the legal philosophy of H.L.A. Hart, except for his account of causation. Hart is considered by many persons to be the most important English writer on jurisprudence in the 20th century. The book considers his general theory of law, his theory of rights and of the enforcement of morality, and his analysis of the conditions of legal resposibility and the justification of punishment.

The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig (...) Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage. (shrink)

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 was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. 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.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. 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)

Avant-propos.--Philosophie allemande.--Philosophie française.--Philosophie anglaise.--Philosophie américaine.--Valeur des écoles.

Pierre Bayle’ın Tarihsel ve Eleştirel Sözlük adlı eserindeki “Spinoza” maddesi, Spinoza felsefesinin temel meselelerine dair genel bir bakış sunar. Söz konusu maddenin burada çevirisi sunduğumuz “N Çıkması”nda ise Bayle, özellikle Spinoza’nın Ethica adlı eserine odaklanarak kip, değişiklik, töz ve Tanrı gibi Spinoza metafiziğinin temel kavramlarına yönelik eleştiriler getirir.

In lieu of an abstract, here is a brief excerpt of the content:HUME ON BLAME AND EXCUSE17. Hume's account of blame and excuse differs in fundamental respects from many contemporary ones. Many contemporary views, ultimately derived from the Kantian dictum that 'ought' implies 'can', base excuses on the nonvoluntary character of an action. For example, H. L. A. Hart argues that the basic requirements for responsibility are that a person have the capacity and a fair opportunity to do what is (...) required. A person is to be excused for an action if he lacked either the capacity or opportunity to do what was required. As these are conditions for an action being voluntary in a suitably narrow sense, Hart primarily bases excuses on the nonvoluntary character of actions. Likewise, Richard Brandt's view, which in many respects is similar to Hume's, requires that the manifestation of a character trait be subject to a high degree of voluntary control before blame.2 is appropriate. Hume, however, explicitly denies that either a character trait or its manifestation in conduct need be subject to voluntary control for blame to be appropriate. The nonvoluntary character of an action does not necessarily excuse one from blame. Hume makes four key claims about blame and excuse. (1) The ultimate objects of praise and blame are mental qualities, not actions. (2) Actions are considered only as signs of mental qualities. (3) The possession and expression of these mental qualities may be appropriate objects of praise or blame even if they are nonvoluntary. (4) Persons have excuses if their actions do not indicate enduring mental qualities. These points need to be substantiated and explained. The first two claims may be considered together. That Hume holds mental qualities are the ultimate objects of praise and blame and that actions are considered only as signs of mental qualities is indisputable. 18. 'Tis evident, that when we praise any actions, we regard only the motives that produced them, and consider the actions as signs or indications of certain principles in the mind and temper. The external performance has no merit. We must look within to find the moral quality. This we cannot do directly; and therefore fix our attention on actions, as on external signs. But these actions are still considered as signs; and the ultimate object of our praise and approbation is the motive, that produced them. For present purposes, only two points need be noted about this passage. First, it clearly states that the ultimate objects of praise and, as he indicates in his following 4 paragraph, blame are always mental qualities. The expression mental qualities is vague, perhaps deliberately so. Sometimes Hume uses the term motive instead. By 'motive' he does not intend any passing desire or further intention which one may have in acting, e.g., embarrassing others. For Hume, some motives are not even dispositions to act. Second, actions or external performances have no merit. They are only signs of mental qualities. Even if the concept of an action includes more than the external behavior, such as the intention, it does not include motives or desires. A difference in intention may entail a difference in action, but a difference in motive does not. The same action may be performed from different motives. Hence, actions are not logically connected with the objects of praise and blame. Hume's claim that actions themselves have no merit, it might be objected, is incorrect. People do constantly evaluate actions. If they did not, then actions would not be considered untoward and a basis for attributing blame. However, Hume does not deny that actions may be evaluated in some way or other, only that they alone have merit or are appropriate objects of praise and blame. Actions may be evaluated without reference to mental qualities, for example, as right or wrong, useful or unuseful. Hume is 19. chiefly concerned with evaluating actions as virtuous or vicious. The terms virtuous and vicious as applied to actions involve an element of praise and blame, whereas the terms right and wrong, at least in most of their uses, do not. Thus, Hume is not denying that actions alone may have merit in the sense of value or utility. Rather, he is denying that actions... (shrink)

In “Ideals and the Concept of Morality,” John T. Granrose criticizes R. M. Hare’s theory of morals for not providing good and sufficient reasons for rejecting the ideals of fanatics, e.g., Nazis and other racists. He then attempts to do what Hare admittedly failed to do by developing an argument based on a material or social concept of morality. Granrose claims that his argument “wins by default! In the absence of a rational counterargument by the fanatic, the issue is settled”. (...) In this discussion I shall not be concerned with Granrose’s strictures about Hare’s theory. Instead, I shall show that Granrose does not win by default for the fanatic has a rational counterargument. For convenience, I shall confine my discussion to racism as a form of fanaticism. (shrink)

Book reviewed in this article: Artificial Reproduction: A Social Investigation. By R. Snowden, G.D. Mitchell, and E. M. Snowden. Redefining Human Life: Reproductive Technologies and Social Policy. By Robert H. Blank. Reproductive Ethics. By Michael D. Bayles.

First published in 1970, Bernard E. Jones’s selection of Gifford lectures includes excerpts from the writings of over ninety scholars who occupied a Gifford Chair between 1888 and 1968. Lord Gifford had asked his lecturers to be ‘honest to God’, insisting that they should be ‘earnest enquirers after truth’ and had always envisaged the lectures being published. Dr Jones’s anthology is arranged under headings suggested by phrases from Lord Gifford’s will. The selection, which includes names such as William James, (...) A.N. Whitehead, Temple, Barth, Brunner, Bultmann, Niebuhr and Tillich, was made in such a way that the reader would be able to really grasp what natural theology is about. Bernard Ewart Jones served as a Methodist minister, before being appointed to the Lewins Chair of Philosophy at his old college, Hartley Victoria, Manchester. He was awarded a doctorate by the University of Leeds in 1966 for his thesis on ‘The Concept of Natural Theology in Gifford Lectures’. (shrink)

This biography of Bayle corrects and supplements the famous biography by Desmaizeux with its mode adequate documentation and more thorough knowledge of Bayle's correspondence and social environments. Labrousse has combed Bayle's writings for tiny details and semi-confessional passages in order to animate somewhat the cold, impersonal image previously given of Bayle.--C. E. B.

Objective We reviewed human–robot interaction (HRI) participatory design (PD) research with older adults. The goal was to identify methods used, determine their value for design of robots with older adults, and provide guidance for best practices. Background Assistive robots may promote aging-in-place and quality of life for older adults. However, the robots must be designed to meet older adults’ specific needs and preferences. PD and other user-centered methods may be used to engage older adults in the robot development process to (...) accommodate their needs and preferences and to assure usability of emergent assistive robots. Method This targeted review of HRI PD studies with older adults draws on a detailed review of 26 articles. Our assessment focused on the HRI methods and their utility for use with older adults who have a range of needs and capabilities. Results Our review highlighted the importance of using mixed methods and including multiple stakeholders throughout the design process. These approaches can encourage mutual learning (to improve design by developers and to increase acceptance by users). We identified key phases used in HRI PD workshops (e.g., initial interview phase, series of focus groups phase, and presentation phase). These approaches can provide inspiration for future efforts. Conclusion HRI PD strategies can support designers in developing assistive robots that meet older adults’ needs, capabilities, and preferences to promote acceptance. More HRI research is needed to understand potential implications for aging-in-place. PD methods provide a promising approach. (shrink)

Le statut de Pierre Bayle dans l'histoire des idées philosophiques et religieuses de l'époque classique a changé du tout au tout. D'observateur, il est devenu, dans l'historiographie actuelle, un acteur majeur dans les débats philosophiques, religieux et politiques de son époque, dont les écrits nourriront la réflexion des philosophes clandestins qui fondent les Lumières radicales. Ce volume d'études contribue à cette nouvelle interprétation du statut et de la portée du rationalisme de Bayle.

Books reviewed in this article: The Bible and Postmodern Imagination: Texts Under Negotiation. By Walter Brueggemann. In the Throe of Wonder: Intimations of the Sacred in a Post‐Modern World. By Jerome A. Miller. Interpreting Hebrew Poetry. By David L. Petersen and Kent Harold Richards. Exegetical Dictionary of the New Testament, Volume I: Aαρωυ‐Eυωχ. Edited by Horst Balz and Gerhard Schneiders. The Secretary in the Letters of Paul. By E. Randolph Richards. Revelation. By Wilfrid J. Harrington. Conversion to Christianity: Historical and (...) Anthropological Perspectives on a Great Transformation. Edited by Robert W. Hefner. The Metaphor of God Incarnate. By John Hick. Disputed Questions in Theology and the Philosophy of Religion. By John Hick. The Nature of God. By Gerard J. Hughes. The Animals Issue: Moral Theoy in Practice. By Peter Carruthers. Philosophy and Theology in the Middle Ages. By G. R. Evans. Modalities in Medieval Philosophy. By Simo Knuuttila. Da Descarres a Spinoza: Percorsi della teologia razionale nel seicento. By Maria Emanuela Scribano. Tra Descartes e Bayle: Poiret e la teodicea. By Gianluca Mori. Kierkegaard and the Limits of the Ethical. By Anthony Rudd. Kierkegaard on Art and Communication. Edited by George Pattison. Collected Works of Bernard Lonergan Volume 10: Topics in Education. Edited by Robert M. Doran and Frederick E. Crowe. A Theology of Reconstruction: Nation‐building and Human Rights. By Charles Villa‐Vicencio. Religious Methods and Resources in Bioethics. Edited by Paul F. Camenisch. Theological Developments in Bioethics. Edited by Andrew Lustig et al. Marriage in the Western Church: The Christianization of Marriage During the Patristic and Early Medieval Periods. By Philip L. Reynolds. Marriage in the Early Church. Translated and edited by David G. Hunter. The Clash of Gods: A Reinterpretation of Early Christian Art. By Thomas F. Mathews. A History of Religion in Britain: Practice and Belief from Pre‐Roman Times to the Present. Edited by Sheridan Gilley and W. J. Sheik. The Conversion of Henri IV: Politics, Power and Religious Belief in Early Modern France. By Michael Wolfe. English Polemics at the Spanish Court: Joseph Creswell's ‘Letter to the Ambassador from England’, The English and the Spanish Texts of 1606. Edited by Albert J. Loomie. (shrink)

In 1728, when the sixteen-year-old Hume, still apparently ‘at college’, was beginning, all unknown to his family, to turn his attention to philosophy, Edinburgh and Glasgow were swarming with earnest metaphysicians, many of them not much older than Hume himself. ‘It is well known’, the Ochtertyre papers relate, ‘that between the years 1723 and 1740 nothing was in more request with the Edinburgh literati, both laical and clerical, than metaphysical disquisitions’, and Locke, Clarke, Butler and Berkeley are mentioned as (...) the chief subjects for debate. Moreover, it is clear enough from the records that this surge of intellectual interests was chiefly the work of a younger generation, wearied alike of Calvinist theology and of Jacobite politics. Indeed to begin with it was the students’ societies which took the lead, and a plain enough hint of their serious critical attack is given in one sour entry in the diary of the Calvinist minister Woodrow for 1726. ‘These student clubs are like to have a very ill influence; they declare against reading and cry up thinking.’. (shrink)

In Sacred Nature Jerome Stone gives us an informative, earnest introduction to religious naturalism with a focus on its relevance for environmentalism. Environmentalism today often dwells upon warnings about the dire consequences if certain prescribed actions are not taken. Stone takes a different tack. He quotes Aldo Leopold: “Prudence never kindled a fire in the human mind; I have no hope for a conservation born of fear.” Stone’s approach—an engaging one, in my view—is to connect environmentalism with the hope (...) and passion of religious feeling. But Stone’s religious vision does not entail belief in the personalistic, supernatural deity of traditional monotheism. Rather, a sense of the sacred is discovered within... (shrink)

No Dictionnaire historique et critique, Bayle compôs mais de cem verbetes sobre a Idade Média. A época é vista com os olhos calvinistas do autor, que se baseia mais na literatura histórica e polêmica que nas fontes medievais. Em diversos verbetes, 0 texto é mais romanesco que cientifico, e, em alguns casos, a fonte não declarada de referência são obras de escolásticos posteriores.

Circunscrevendo o âmbito no qual o ateísmo pode ser compreendido, a saber, na esfera dos costumes, convenções religiosas, políticas e teológicas, e até mesmo no campo dos temperamentos e caracteres, desde os Pensées diverses sur la comète até a Continuation des Pensées sur la comète e a Réponse aux quéstions d’un Provincial Bayle erige, fundamenta e radicaliza o vínculo entre ateísmo e virtude, entendendo aqui ateísmo sob um enfoque de caráter prático, ou seja, em relação à atitude daqueles que vivem (...) como se um deus não existisse, minimizando o valor de sua eficácia sobre a conduta humana. Porém, tal postura não é menos dotada de virtude, uma vez que se entenda tal termo como uma perpétua disposição para cumprir determinados atos morais e tendo como objeto os atos da vida prática, como por exemplo, justiça, honestidade, coragem, amizade, entre outros. (shrink)

This is a translation of the fourth of the original seven fascicles of Bréhier's standard Histoire de la philosophie. The three prior fascicles have already appeared from the University of Chicago Press. The virtues of Bréhier's history are its extraordinary readability and unpretentious scholarship. The philosophers covered in depth by Bréhier are Bacon, Descartes, Pascal, Hobbes, Spinoza, Malebranche, Leibniz, and Locke, with lighter treatment being given to the Cambridge Platonists, Bayle, and Fontenelle. The bibliographies are neatly accessible at the end (...) of each chapter, more than adequate, and have been brought up to date through 1965.—E. A. R. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:66 IN DEFENCE OF KEMP SMITH D. C. Stove argues against Kemp Smith's contention that Hume's philosophy "was intended not to subvert but to endorse our natural beliefs" in general, and our belief in the Causal Principle in particular. His arguments are insufficient. Kemp Smith does not need to deny that the falsity of the Causal Principle is believed by Hume to be possible in the strongest of Stove's (...) three suggested 2 senses: it is not merely self-consistent, but the Principle is unverifiable and unconfirmable in the sense that no empirical proposition is relevant to its truth. However, to say flatly that its falsity is possible is to say that it is not impossible in any way at all; and that is what is at stake both in Hume's letter to Stewart and in the use Kemp Smith makes of it. If Hume had written a letter to Stewart or to any scientific enquirer urging him to desist from his labours on the ground that "something may begin to exist, or start into being without a cause," he would have been a fool, and in representing Hume's position in this way Stewart is in fact calling Hume a fool. It is not surprising that Hume is indignant. The problem is whether, and how, one can hold both that the Causal Principle is undeniably true and that it can be supported neither by deductive nor by inductive argument, and whether Hume on the most reasonable interpretation of his published works held both these views. Clues to the answer lie in the in tradition of sceptical philosophy, and in the difference between a cause and a reason. Hume's philosophy is indeed, as he says, 'very sceptical'. But scepticism is a kind of philosophy with a long history, from Sextus Empiricus to Bayle, and it is reasonable to suppose that Hume was aligning himself with this position, especially since so much of the argument in 67 the Treatise is derived from Bayle. But sceptics do not behave otherwise than ordinary men. Scepticism is not directed against everyday beliefs but again.st arguments: this is a point on which Sextus insists." It would not be the part of a sceptic to doubt that every event has a cause, but to refute all arguments purporting to show that such is the case. To assert "that any thing might arise without a Cause" would not be scepticism, but an inverse dogmatism: to infer from a philosophical argument a belief about the real world that is at variance with everyday belief. The crucial step in Stove's argument occurs in his gloss of Hume's claim that he had maintained "that our Certainty of the Falsehood of that Proposition proceeded neither from Intuition nor Demonstration; but from another Source" phrase "sic., experience, of course". This could be misleading. It could mean that Hume here claims that experience gives us reason to believe that the Causal Principle is true; and this Hume has denied, as Stove urges ad loc. But nothing in what Hume says in his letter requires us to interpret him thus. And his sceptical principles tell against it: an argument from experience, whether inductive or by analogy or whatever, is still an argument and thus liable to sceptical attack. What Hume could mean, and what Kemp Smith took him to mean, is that our experience causes us to regard the principle as necessary: experience is not a premise in any sort of argument at all, but a causal explanation for a universal propensity to believe in the Causal Principle. It is true that Hume's citation as analogues of such empirical affirmations as "That Caesar existed" is misleading. But it is not in fact the case that Hume represents these as in any way 'parallel' with the Causal Principle: he says only that, like it, They are believed without recourse to Reason and Intuition. In 68 point of fact, Stove is going a bit far when he says that this is (like "There is such an Island as Sicily") an observation-statement; but that point is hardly relevant here. It is worth noting that in the offending passage... (shrink)