It is argued that Adam Smith criticizes David Hume's account of the origin of and continuing adherence to the rule of law for being not sufficiently Humean. Hume explained that adherence to the rule of law originated in the self-interest to restrain self-interest. According to Smith, Hume does not pay enough attention to the passions of resentment and admiration, which have their source in the imagination. Smith's offers a more naturalistic and evolutionary account of the psychological pre-conditions of the establishment (...) and morality of justice than Hume had. Yet, Smith's account also makes room for a thin conception of Lockean natural right to property, while rejecting the contractualist and rationalistic elements in Locke. It emerges that Smith severs the intimate connection that Hobbes and Hume made between justice and property. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Daemonic Figures: Shakespeare and the Question of ConscienceEric SpencerDaemonic Figures: Shakespeare and the Question of Conscience, by Ned Lukacher; x & 228 pp. Ithaca: Cornell University Press, 1994, $37.50 cloth, $15.95 paper.Daemonic Figures is a specialist’s book twice over. Profiting from it requires not only considerable familiarity with Heidegger, but also unquestioning acceptance of the rhetorical conventions and critical methods of contemporary theory. Lukacher uses these conventions and (...) methods to argue that conscience, properly understood, poses uncomfortable questions about the origins of self-knowledge, and leads to a mysterious but presumably enriching encounter with the limits of our certainty. Shakespeare enters the argument as the supreme example of a poet who discovers, through sensitivity to the ambiguities of language, how to peer without flinching into the Heideggerian abyss. Although the book relies too heavily on Heidegger’s unforgiving idiom, and pauses too seldom to justify suggestive but tenuous claims, at its heart lie hard, interesting questions about what having a conscience means.Lukacher wishes to restore to the idea of conscience all its paradoxical force. As a silent inner voice carrying a moral imperative from elsewhere, conscience immediately suggests an internally divided self. And although, according to Lukacher, Christian tradition locates the source of the imperative in God, and classical tradition in natural law, conscience remains irreducibly “uncanny,” because “the most intimate site of human habitation [i.e., the self] is also the strangest of places, for it is there that the (unfamiliar) god comes to presence through the language of moral judgment that tells us that we are and that because we are what we are we should act thus” (p. 7). For Lukacher, then, the question of conscience is the question of being, a question without an answer because it involves the unthinkable idea of something prior to and beyond being. The book argues that whatever speaks to us under the name of conscience must be both within and without any categories we have to explain it.Hence “daemonic figures”: drawing on the Greek notion of a realm of daimones dwelling between the human and divine worlds, Lukacher claims that the “daemon is the cipher, the name, and the figure for the incontrovertible [End Page 240] ghostliness, the familiar strangeness, that dwells between the perceptions and reflections of consciousness and the enigmatic ground of Being itself” (p. 2), or “the medium in which we come to ourselves as precisely that which is divided from itself... from the outset” (p. 6). And because, in Lukacher’s scheme, language articulates this daemonic mediation, we must seek in literary works which explore conscience—like Hamlet and Macbeth—traces of uncanniness welling up through ostensibly coherent words. Literary value accordingly involves “giving us the words with which to bring that enigmatic lack to presence” (p. 92). Simultaneously ubiquitous and inscrutable, conscience both calls to and evades us, and literature makes its home in such paradoxical territory.It follows that Lukacher seeks in texts brief flashes of something else in the midst of what’s apparently going on, a procedure which constantly risks arbitrary idiosyncrasy. For instance, in his chapter on Hamlet, Lukacher notes that the Player’s description of Priam’s death includes a line—“and with a hideous crash / Takes prisoner Pyrrhus’ ear”—whose sequence of sounds produces a ghostly authorial signature: sh... akes... Pyr... ear. And because this “countersignature” appears fragmented, in a context of hesitation, destruction and decline, Lukacher claims it creates an allegory of the “nonrelation at the heart of self-revelation” (p. 135). That is, it (and the larger drama of Hamlet’s revenge to which it obliquely gestures) reveals that at the heart of authorship, of authorized speech, of the moral law of conscience, lies “the silent play of the letter” (p. 135), the “daemonic figure” of dissolution in the midst of self-assertion, which unsettles all authorization. Hence Hamlet’s famous difficulties—he hears the whisper of Otherness in what ought to be a straightforward moral imperative to vengeance.Lukacher justifies this procedure by noting that “Derrida’s writing, no less than that of Heidegger [and presumably Shakespeare], relies on the invention of figures and metaphors through which... (shrink)

There is no justice, only talk of justice, in Shakespeare’s Measure for Measure. Characters invoke the symbolic balance scales but live at the unbalanced legalistic and merciful extremes. Equity, often suggested as a central theme, matters mostly for its loud absence. Indeed, if we separate equity, which recommends judicial leniency as the means to a just squaring of accounts, from mercy, which exceeds justice, we see that the play frustrates the Duke’s aspiration to virtuous rule by insisting that we must (...) have, and also that we cannot have, both justice and mercy. (shrink)

The arts of rule cover the exercise of power by princes and popular sovereigns, but they range beyond the domain of government itself, extending to civil associations, political parties, and religious institutions. Making full use of political philosophy from a range of backgrounds, this festschrift for Harvey Mansfield recognizes that although the arts of rule are comprehensive, the best government is a limited one.

In a large and impressive body of published work, Quayshawn Spencer has meticulously articulated and defended a metaphysical project aimed at resuscitating a biological conception of race—one free from many of the pitfalls of biological essentialism. If successful, such a project would be highly rewarding, since it would provide a compelling response to philosophers who have denied the genuine existence of race while avoiding the very dangers that they sought to avoid. The aim of this paper is to subject (...) those moves to careful scrutiny and thereby appraise the prospects for a new biologism about race. (shrink)

This paper, which is a homage to the life and work of Stephen Gaukroger, explores competing receptions of Spencer’s programmatic synthetic philosophy. In so doing, I show how T.H Huxley and C.S. Peirce reconfigured a familiar, long-standing debate about cosmogeny and cosmology in the early modern period.

THIS PAPER ARGUES THAT GLOBAL SUPERVENIENCE IS NOT\nEQUIVALENT TO KIM'S STRONG SUPERVENIENCE (AS HE HAS ARGUED\nIT IS) AND THAT IT DOES NOT ENTAIL THE TYPE OR TOKEN\nREDUCIBILITY OF THE SUPERVENIENT PROPERTIES TO THE\nPROPERTIES UPON WHICH THEY SUPERVENE (AS STRONG\nSUPERVENIENCE DOES). IT THEN TURNS TO AN EXAMINATION OF THE\nARGUMENT THAT GLOBAL SUPERVENIENCE IS EQUIVALENT TO\nIMPLICIT DEFINABILITY WHICH ACCORDING TO BETH'S THEOREM\nENTAILS EXPLICIT DEFINABILITY. THE AUTHOR HOPES TO SHOW\nTHAT GLOBAL SUPERVENIENCE IS A DISTINCT AND ESPECIALLY\nINTERESTING RELATION WHICH CAPTURES ASPECTS OF THE\nRELATIONSHIP BETWEEN (...) PHYSICAL PROPERTIES AND THOSE\nPROPERTIES WHICH ARE DETERMINED BY THEM THAT OTHER\nRELATIONS DO NOT DO JUSTICE TO. (shrink)

Are there any things that are such that any things whatsoever are among them. I argue that there are not. My thesis follows from these three premises: (1) There are two or more things; (2) for any things, there is a unique thing that corresponds to those things; (3) for any two or more things, there are fewer of them than there are pluralities of them.

The process of optimizing psychical distance to achieve the best possible aesthetic effect has been well-known among philosophers of art ever since Edward Bullough formulated the concept in 1912. Although it is typically analyzed as a one-way process, it nevertheless becomes a reciprocal or intersubjective process when the object of our aesthetic perception is our “other.” This is equally true for animal “others” as for our fellow human “others.” Anything animate can fix us in its gaze and thereby prompt or (...) even force us toward self-confrontation as an object of someone or something else’s perception. This reciprocity may be manifest as a sort of psychological pas de deux between the two confronting subjects, each confronting the other as object, each recognizing the other as subject, and each confronting its own self as recognizer of this relationship and recipient of this attention. The level of our awareness of our being an object for some “other” subject has a proportionately significant impact on our aesthetic perception of this “other, ” i.e., the fact that an “other” perceives us adds a dimension of “unnatural” intersubjectivity which changes our aesthetic appreciation of that “other.”. (shrink)

In a strike to permit extra billing, physicians in Ontario, Canada, sought to balance their concerns for professional autonomy with their primary call to beneficence. But the right to reasonable compensation within a nationalized health care system is not on the same moral plane as the public's right to health care. Having failed to convince either the provincial government or the public of the soundness of their position, Ontario's doctors must now repair the damage done to the relationship with their (...) patients. (shrink)

BackgroundThe Mental Capacity Act was enacted in 2007 in England and Wales, but the assessment of mental capacity still remains an area of professional concern. Doctors’ compliance with legal and professional standards is inconsistent, but the reasons for poor compliance are not well understood. This preliminary study investigates doctors’ experiences of and attitudes toward mental capacity assessment.MethodsThis is a descriptive, cross-sectional study where a two-domain, study-specific structured questionnaire was developed, piloted and digitally disseminated to doctors at differing career stages employed (...) in a large, multi-site National Health Service Trust in London over 4 months in 2018. Descriptive statistics and frequency tables adjusted for missing data were generated and secondary analysis was conducted.ResultsParticipants were predominantly UK trained, female and between the ages of 30 and 44 years. Less than half of the participants reported receiving formal MCAx training. Only one-third of the participants self-rated themselves as very competent or extremely competent. Self-reported MCA confidence was significantly affected by career stage with Consultants with over 10 years of experience reporting lowest confidence.ConclusionsThis study describes significant variation in practice by doctors and low self-confidence in the practice of MCAx. These results raise concerns that MCAx continues to be inconsistently performed by doctors despite appropriate awareness of the law and professional guidance on best practice. (shrink)

An examination of the difference between communication and transmission that stresses technologies and institutions long overlooked in the study of symbols and signs throughout the history of civilizations.

Owing to an oversight incorrect acknowledgement text was published in this chapter. The correct acknowledgement text has been updated.

Simply stated, Pragmatic Invariantism is the view that the practical interests of a person can influence whether that person’s true belief constitutes knowledge. My primary objective in this article is to show that Pragmatic Invariantism entails external world skepticism. Toward this end, I’ll first introduce a basic version of Pragmatic Invariantism (PI). Then I’ll introduce a sample skeptical hypothesis (SK) to the framework. From this I will show that it is extremely important that the phenomenally equivalent skeptical scenarios generated by (...) SK are actually false. We’ll then see that by combining PI and SK, the effect will be to place extremelyhigh demands upon evidence for ~SK. It will finally be observed that, while we may have good evidence for ~SK, we do not have extremely strong evidence sufficient for establishing ~SK. This supports my conclusion that any standard version of Pragmatic Invariantism ultimately entails external world skepticism. If successful, my conclusion will critically undermine the current view that Pragmatic Invariantism is actually a skeptically resistant position. (shrink)

Two conditions for internal peace : absolutism and identification --Four approaches to Leviathan -- Outline of a new approach -- Reason, natural law, and absolutism -- The role of part 1 in Leviathan -- The metaphysical conception of human nature -- The state of nature -- The argument for absolutism -- Criteria for the identification of the sovereign -- Natural law -- Reason, revelation, and the interpretation of scripture -- Historical background : sola scriptura and biblical criticism -- Hobbes and (...) sola scriptura -- Sola scriptura and revelation -- Principles of biblical interpretation -- Metaphysics and eschatology -- Metaphysics : body and spirit -- The kingdom of God -- Eschatology -- Church and state -- Politics and the problem of double vision -- Politics and metaphysics -- Case A and the kingdom of God -- Case B and the argument for the identification of the true sovereign according to scripture -- The theological-philosophical argument for absolutism -- Hobbes and the kingdom of darkness -- The kingdom of darkness -- Misinterpretations of Scripture -- The false foundations of church tradition -- The kingdom of fairies -- The religious sincerity of Thomas Hobbes. (shrink)

Chafe argues that Wagner's Tristan and Isolde is a musical and dramatic exposition of metaphysical ideas inspired by Schopenhauer. The book is a critical account of Tristan, in which the drama is shown to develop through the music.

Book V of Eriugena’s Periphyseon presents new critical problems because of the lack of the Rheims manuscript, which contains the author’s own revisions. The text which has been called Versio Prima in the first four books of Jeauneau’s new edition is lacking for the fnal volume. Working from a transcription of the second portion of the Clauis Physicae, the epitome of the Periphyseon by Honorius Augustodunensis, the author reports that the unpublished Clauis II contains a text of Periphyseon V that (...) is analogous to Versio Prima. This article first compares the transcription from Clauis II to Lucentini’s notes on Honorius’ work, then it analyses the difference between Clauis II and Versio Secunda in Periphyseon V. The relationship is found to be the same as that between the primitive text of Periphyseon in books I-IV and Eriugena’s revised version . Consequently, Clauis II should be recognized as an essential witness to the early text of Periphyseon V. (shrink)