The aim of the present study..is to help the interested student come to grips with the basic issues and problems of morality as these appear In the light of Christian faith. It is hoped that the student will be led to pursue the issues that are raised here by reference to other interpretations of Christian ethics. Finally, the reader should perhaps be warned in advance that he will find here no code or set of rules which will tell him what (...) the Christian must do in order to lead the good life. Rather, he will be pointed to a faith which enables him to act spontaneously and freely where the rules break down or are lacking. -- Introduction, p. 18. (shrink)

Justice and Christian Ethics is a study in the meaning and foundations of justice in modern society. Written from a theological perspective, its focus is upon the interaction of religion and law in their common pursuit of justice. Consideration is given, first, to the historical roots of justice in the classical tradition of virtue and in the biblical ideas of covenant and the righteousness of God. Subsequent chapters trace the relationships between justice, law and virtue in Puritanism, in Locke, and (...) in the founding documents of the American Republic in the late eighteenth century. In his concluding section, the author develops a covenantal interpretation of justice which includes both law and virtue, both human rights and the common good. Special attention is given to the pluralistic character of modern political societies; to criteria of distributive justice; and to religious resources for the renewal and transformation of justice. (shrink)

Drawing on a comprehensive, pan-national analysis of the corporatization of Canadian universities, as well as the notions of ‘parrhesiastic’ mentorship and practice, the authors examine the effects of the corporatized university, its implications for graduate nursing education and nursing's relative silence on the subject. With the preponderance of business interests, the increasing dependence of universities on industry funding, cults of efficiency, research intensivity, and the pursuit of profit so prevalent in today's corporatized university, we argue that philosophical presuppositions so crucial (...) to critical teaching, research, and reflection on nursing as a discipline are troublingly losing ground. We lament the erosion and fragmentation of philosophy, politics, and ethics as foundations for graduate education, which are increasingly perceived as less valuable, problematic, and in some cases, even burdensome. The effect of corporatization is the suppression of the critical engagement required of faculty in the everyday workings of institutions. We argue that, when the ideals of intellectual freedom, academic responsibility, duty, and obligation, as supported by philosophical thought, are smothered by the normalizing power of corporatized research agendas, philosophical approaches to inquiry and knowledge development become marginalized as scholars find themselves floundering in the face of a seeming ‘philosophy lost’. (shrink)

This is a unique, groundbreaking study in the history of philosophy, combining leading men and women philosophers across 2600 years of Western philosophy, covering key foundational topics, including epistemology, metaphysics, and ethics. Introductory essays, primary source readings, and commentaries comprise each chapter to offer a rich and accessible introduction to and evaluation of these vital philosophical contributions. A helpful appendix canvasses an extraordinary number of women philosophers throughout history for further discovery and study.

One is a science, the other an art; one useful, the other seemingly decorative, but mathematics and music share common origins in cult and mystery and have been linked throughout history. Emblems of Mind is Edward Rothstein’s classic exploration of their profound similarities, a journey into their “inner life.” Along the way, Rothstein explains how mathematics makes sense of space, how music tells a story, how theories are constructed, how melody is shaped. He invokes the poetry of Wordsworth, the (...) anthropology of Le;vi-Strauss, the imagery of Plato, and the philosophy of Kant. Math and music, Rothstein shows, apply comparable methods as they create their abstractions, display similar concerns with ratio and proportion, and depend on metaphors and analogies to create their meanings. Ultimately, Rothstein argues, they reveal the ways in which we come to understand the world. They are images of the mind at work and play; indeed, they are emblems of Mind itself. Jacques Barzun called this book “splendid.” Martin Gardner said it was “beautifully written, marvelous and entertaining.” It will provoke all serious readers to think in new ways about the grand patterns in art and life. “Lovely, wistful. . . . Rothstein is a wonderful guide to the architecture of musical space, its tensions and relations, its resonances and proportions. . . . His account of what is going on in the music is unfailingly felicitous.”— New Yorker “Provocative and exciting. . . . Rothstein writes this book as a foreign correspondent, sending dispatches from a remote and mysterious locale as a guide for the intellectually adventurous. The remarkable fact about his work is not that it is profound, as much of the writing is, but that it is so accessible.”— Christian Science Monitor. (shrink)

This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.

Our paper has three parts. In Part 1, we discuss John Gardner’s thesis that the non-elliptical ascription of agency to law is a necessary and irreducible part of any adequate explanation of the activities of legal officials. We consider three explananda which might conceivably necessitate this ascription, and conclude that none in fact does so. In Part 2, we discuss two other theses of Gardner’s: that it makes no sense to ascribe to law the claim that there are (...) legal obligations , and that law’s claim is the claim that there are moral obligations . We take issue with Gardner’s arguments for , and suggest that is unwarranted in the absence of an argument that law makes any claims at all. In Part 3, we briefly argue that, insofar as it issues requirements, there are certain claims that law cannot but make. We conclude that if Gardner is right that law’s claims are those of certain of its officials, it is law-making and not law-applying officials who make law’s claim. (shrink)

According to the motivational thesis (MT), we are justified in performing an action if and only if we perform that action for the right reason(s). Proponents of MT disagree about how it is best interpreted—about what count as reasons of the right kind. In _Fundamentals of Criminal Law_, Andrew Simester criticises an interpretation offered by John Gardner. Here, I explore some of Simester's reasons for objecting to that interpretation, and I argue—partly on the basis of those same reasons—that Simester's (...) own interpretation of MT should be revised. I conclude with a preliminary defence of an alternative interpretation, which I call the tripartite view of justification. (shrink)

What role do moral norms play in the justification of legal norms? Here, I explore an answer that emphasises the moral significance of imperfection – of the fact that we are imperfect people, who live imperfect lives, and who have imperfect tools at our disposal for responding to our predicament. These imperfections, I argue, help make the case for (one version of) the harm principle. And they help make the case against the claim traditionally associated with legal moralism, namely that (...) moral duties give law-makers reason to create legal duties with the same content. To accept all this is compatible with accepting – as I also claim here – that legal norms which help us better conform to moral norms are legal norms there is reason for law-makers to create. Those who accept this are nowadays dubbed perfectionists. Following John Gardner, I suggest that they are better thought of as legal imperfectionists. (shrink)

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. (...) Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey. (shrink)

Jerome Bruner is one of the grand figures of psychology. From his role as a founder of the cognitive revolution in the 1950s to his recent advocacy of cultural psychology, Bruner's influence has been dramatic and far-reaching. Such is the breadth of his vision that Bruner's work has inspired thinkers in many of the major areas of psychology and has had a powerful impact on adjacent disciplines. His writings on language acquisition, culture and education are of profound and enduring importance. (...) Focusing on the dominant themes of language, culture and self, this volume provides a comprehensive exploration of Bruner's fertile ideas and a considered appraisal of his legacy. With a distinguished list of contributors including Jerome Bruner himself, the result is an outstanding volume of interest to students and scholars in psychology, philosophy, cognitive science, anthropology, linguistics, and education. Among the contributors are Judy Dunn, Howard Gardner, Clifford Geertz, Rom Harré, David Olson, Edward Reed, Talbot Taylor, Michael Tomasello, and John Shotter. The volume is framed by an editorial introduction that considers the distinctively philosophical dimensions of Bruner's thought, and a final chapter by Bruner himself in which he re-examines prominent themes in his work in light of issues raised by the contributors. The volume will be invaluable to students and researchers in the fields of psychology, cognitive science, education, and the philosophy of mind. (shrink)

There are kinds of dialogue that support social justice and others that do the reverse. The kinds of dialogue that supports social justice requires that anger be bracketed and that hiding in safe spaces be eschewed. All illegitimate ad hominem/ad feminem attacks are ruled out from the get-go. No dialogical contribution can be down-graded on account of the communicator’s gender, race, or religion. As well, this social justice communicative approach unapologetically privileges reason in full view of theories and strategies that (...) might seek to undermine reasoning as just another illegitimate form of power. -/- On the more positive side, we will argue that social justice dialogue will enhanced by a kind of “communicative upgrading” that amplifies “person perception,” foregrounds the impersonal forces within our common social spaces rather than the “baddies” within, and orients the dialogical trajectory toward the future rather than the past. Finally, we will argue that educators have a pressing responsibility to guide their students through social justice dialogue so that their contributions contribute to the amelioration of injustice, rather than rendering the terrain more treacherous. (shrink)

The book examines the philosophical foundations of private law, arguing that the foremost preoccupations of the law of obligations are grounded in and pervade the personal lives of individuals.

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.

_Roman Stoicism_, first published in 1911, offers an authoritative introduction to this fascinating chapter in the history of Western philosophy, which throughout the 20 th century has been rediscovered and rehabilitated among philosophers, theologians and intellectual historians. Stoicism played a significant part in Roman history via the public figures who were its adherents ; and, as it became more widely accepted, it assumed the features of a religion. The Stoic approach to physics, the universe, divine providence, ethics, law and humanity (...) are all investigated, as is its diffuse impact upon literature. The origins of Christianity are also examined. Arnold offers a sympathetic reading of St. Paul in light of Stoicism, and regards the latter as the crucial bridge between Antiquity and Christendom: it allowed a swathe of Pagan intellectuals to join the Church and influenced the development of Christian doctrine, thus making an immense contribution to the bedrock of modern European civilisation. (shrink)

In the middle decades of the twentieth century phenomenology grew from a local philosophy in a few German towns into a movement that spanned Europe. In Converts to the Real, Edward Baring uncovers an unexpected force behind this prodigious growth: Catholicism. Participating in a tightly-knit transnational community, Catholics helped shuttle ideas between national traditions that were otherwise inward-looking and parochial. In the first half of the twentieth century, they wrote many of the first articles and books introducing phenomenological ideas (...) to new contexts. They even organized the rescue of Edmund Husserl's manuscripts out of Nazi Germany in 1938. But the Catholic fascination with phenomenology was intermixed with a profound anxiety. Catholics worried that phenomenological ideas might prove dangerous to the faith, a possibility exemplified by the intellectual trajectory of Martin Heidegger, whose movement away from the Church was facilitated by his reading of Husserl. Converts to the Real uncovers a surprising genealogy for post-war European thought, with important implications for our understanding of the process of secularization and for the set of schools and ideas we now call "continental philosophy."--. (shrink)

This article seeks to reframe the ethical discussion of genetic enhancement, which is the use of genetic engineering to supply a characteristic that a parent might want in a child that does not involve the treatment or prevention of disease. I consider whether it is likely that enhancement can be successfully prohibited. If genetic enhancement is feasible, it is likely that there will be demand for it because parents compete to produce able children and nations compete to accumulate human capital (...) in skilled workers. If some parents or nations begin using genetic enhancement, this will change these competitions in ways that increase the incentives for others to use it. Therefore, a ban on genetic enhancement would be unstable, because once the ban was breached by defectors the motivation of others to uphold it would weaken, making the ban liable to collapse. The argument provides a new perspective on slippery slopes to dangerous technology. Keywords: genetic enhancement, slippery slope argumentation CiteULike Connotea Del.icio.us What's this? (shrink)

Post-foundational politics and democracy -- Agonism and democracy -- A typology of agonistic democracy -- Agonistic democracy and the question of institutions -- Agonistic democracy and the limits of popular participation -- Populism, representation, and the popular will -- Political liberalism, contingency and agonistic pluralism -- Liberalism, agonism, and democracy.

Book description: This outstanding collection of specially commissioned chapters examines German idealism from several angles and assesses the renewed interest in the subject from a wide range of fields. Including discussions of the key representatives of German idealism such as Kant, Fichte and Hegel, it is structured in clear sections dealing with: * metaphysics * the legacy of Hegel’s philosophy * Brandom and Hegel * recognition and agency * autonomy and nature * the philosophy of German romanticism. Amongst other important (...) topics, German Idealism: Historical and Philosophical Perspectives addresses the debates surrounding the metaphysical and epistemological legacy of German idealism; its importance for understanding recent debates in moral and political thought; its appropriation in recent theories of language and the relationship between mind and world; and how German idealism affected subsequent movements such as romanticism, pragmatism, and critical theory. (shrink)

Sometimes emotions excuse. Fear and anger, for example, sometimes excuse under the headings of (respectively) duress and provocation. Although most legal systems draw the line at this point, the list of potentially excusatory emotions outside the law seems to be longer. One can readily imagine cases in which, for example, grief or despair could be cited as part of a case for relaxing or even eliminating our negative verdicts on those who performed admittedly unjustified wrongs. To be sure, the availability (...) of such excuses depends on what wrong one is trying to excuse. No excuse is available in respect of all wrongs. Some wrongs, indeed, are inexcusable. This throws up the interesting question of what makes a particular emotion apt to excuse a particular wrong. Why is fear, for example, more apt to excuse more serious wrongs than, say, pride or shame? This question leads naturally to another. Why are some emotions, such as lust, greed, and envy, apparently not apt to furnish any excuses at all? Can one not be overcome by them? Can they not drive one to wrongdoing as readily as fear and grief? Or is that not the point? (shrink)

Decision-theoretic representation theorems have been developed and appealed to in the service of two important philosophical projects: in attempts to characterise credences in terms of preferences, and in arguments for probabilism. Theorems developed within the formal framework that Savage developed have played an especially prominent role here. I argue that the use of these ‘Savagean’ theorems create significant difficulties for both projects, but particularly the latter. The origin of the problem directly relates to the question of whether we can have (...) credences regarding acts currently under consideration and the consequences which depend on those acts; I argue that such credences are possible. Furthermore, I argue that attempts to use Jeffrey’s non-Savagean theorem in the service of these two projects may not fare much better. (shrink)