Before military action, and even before mobilization, the decision on whether to go to war is debated by politicians, pundits, and the public. As they address the right or wrong of such action, it is also a time when, in the language of the just war tradition, the wise would deeply investigate their true claim to jus ad bellum (“the right of war”). Wars have negative consequences, not the least impinging on human life, and offer infrequent and uncertain benefits, yet (...) war is part of the human condition. James G. Murphy’s insightful analysis of the jus ad bellum criteria—competent authority, just cause, right intention, probability of success, last resort, and proportionality—is grounded in a variety of contemporary examples from World War I through Vietnam, the "soccer war" between Honduras and El Salvador, Afghanistan, and the Middle East conflict. Murphy argues persuasively that understanding jus ad bellum requires a primary focus on the international common good and the good of peace. Only secondarily should the argument about going to war hinge on the right of self-defense; in fact, pursuing the common good requires political action, given that peace is not simply the absence of violence. He moves on to demonstrate the interconnectedness of the jus ad bellum criteria, contending that some criteria depend logically on others—and that competent authority, not just cause, is ultimately the most significant criterion in an analysis of going to war. This timely study will be of special interest to scholars and students in ethics, war and peace, and international affairs. (shrink)

MEDIEVAL LOGICS LAMBERT MARIE DE RIJK (ed.), Die mittelalterlichen Traktate De mod0 opponendiet respondendi, Einleitung und Ausgabe der einschlagigen Texte. (Beitrage zur Geschichte der Philosophie und Theologie des Mittelalters, Neue Folge Band 17.) Miinster: Aschendorff, 1980. 379 pp. No price stated. THE SEVENTEENTH CENTURY MARTA FATTORI, Lessico del Novum Organum di Francesco Bacone. Rome: Edizioni dell'Ateneo 1980. Two volumes, il + 543, 520 pp. Lire 65.000. VIVIAN SALMON, The study of language in 17th century England. (Amsterdam Studies in the Theory (...) and History of Linguistic Science, Series 111: Studies in theHistory of Linguistics, Volume 17.) Amsterdam: John Benjamins B.V., 1979.x + 218 pp. Dfl. 65. Theoria cum Praxi. Zum Verhaltnis von Theorie und Praxis im 17. und 18. Jahrhundert. (Akten des 111. Internationalen Leibnizkongress, Hannover, 12. bis 17.November 1977, Band 111: Logik, Erkenntnistheorie, Wissenschaftstheorie, Metaphysik, Theologie.) Wiesbaden: Franz Steiner Verlag, 1980. vii + 269 pp. DM 48. CLASSICAL AND NON-CLASSICAL LOGICS MICHAEL CLARK, The place of syllogistic in logical theory. Nottingham: University of Nottingham Press, 1980. ix + 151 pp. £3.00. A.F. PARKER-RHODES, The theory of indistinguishables. Dordrecht, Boston and London: D. Reidel Publishing Company, 1981. xvii + 216 pp. Dfl.90.00/$39.50. NICHOLAS RESCHER and ROBERT BRANDOM, The logic of inconsistency. Oxford:Basil Blackwell, 1980. x + 174 pp. f 11.50. MISCELLANEOUS J. ZELENY, The logic of Marx. Translated from the German by T. Carver. Oxford: Basil Blackwell, 1980. xcii + 247 pp. £12.50. FELIX KAUFMANN, The infinite in mathematics. Edited by Brian McGuinness. Introduction by E. Nagel. Translation from the German by Paul Foulkes. Dordrecht: Reidel, 1978. xvii + 235 pp. Dfl 85/$39.50 (cloth); Dfl 45/$19.95 (paper). PAMELA MCCORDUCK, Machines who think. San Francisco: W.H. Freeman and Company, 1979. xiv + 275 pp. $14.95. J. MITTELSTRASS (ed.), Enzyklopadie Philosophie und Wissenschaftstheorie Bd. 1 : A-G. Mannheim, Wien, Ziirich: Bibliographisches Institut, 1980. 835 pp. DM 128. (shrink)

James Rachels has argued that a morally autonomous person (in Kant’s sense) could not consistently accept the authority of divine commands. Against Rachels, this essay argues (a) that the Kantian concept of moral autonomy is to be analyzed in terms of an agent’sresponsiveness to the best available moral reasons and (b) that it is simply question-begging against divine command theory to assume that such commands could not count as the best moral reasons available to an agent.

As contribution to a recent debate (James, 1998; Murphy etal., 1997, 1998) the proportion of twins following ovulation induction (OI) or assisted conception (AC) in 1994 in Oxfordshire and West Berkshire was estimated, and by extrapolation the natural twinning rate in England and Wales was judged to have maintained a plateau phase since the 1970s. Similar figures for 1995 and 1996 from the same study, and hence a more stable local estimate, are now provided. The proportions, as before, (...) were estimated from women's responses to a questionnaire within a case[hyphen]control study, with ascertainment from general practitioners' records or hospital case[hyphen]notes for non[hyphen]responders or for those excluded from the study originally. In 1994, 1995 and 1996 the proportion of twins following OI/AC was overall 27% (24%, 30% and 27% respectively). Restriction to the 87% locally resident made no difference. The national crude twinning rate for those years was overall 13·3 per 1000 maternities (12·8, 13·6 and 13·4 respectively). (shrink)

H. L. A. Hart, in his classic book Law, Liberty, and Morality, is unsuccessful in arguing that James Fitzjames Stephen’s observations about the role of vice in criminal sentencing have no relevance to a more general defense of legal moralism. He does, however, have a very important insight about the special significance of sexual liberty.

The series "Philosophers and Law" selects and makes available the most important essays in English that deal with the application to law of the work of major philosophers for whom law was not a main concern. The essays are based on scholarly study of particular philosophers and deal with both the nature and role of law and the application of philosophy to specific areas of law.

I use the theory of the division of labor as a case-study in the logic of social explanation and to test the explanatory power of a new Aristotelian model for social theory. The classical political economists from Adam Smith to Karl Marx argue that the divisions of labor is both efficient and natural. I claim that this explanation suffers from a two-fold reductionism: the moral dimension of the division of labor is reduced to technical efficiency; and the customary and stipulated (...) dimensions of the division of labor are reduced to nature. This reductionism collapses two important Aristotelian distinctions: that between moral reason and technical reason ; and that between nature , custom , and deliberate stipulation . I revise these concepts in the light of modern natural, social and philosophical sciences into a framework for social theory: I show that, in human conduct, technical reason always presupposes moral reason; and I show that every social institution is the joint product of nature, custom, and stipulation: just as custom presupposes nature, so stipulation presupposes custom. I then use this framework to criticize Aristotle as well as classical political economy. By transcending the positivist dichotomy of ends and means, I restore moral reason to supremacy over technique. By transcending the Sophistic dichotomy between nature and convention, I restore custom to its rightful place at the center of social theory. (shrink)

This book examines the language of public inquiries to reveal how blame is assigned, avoided, negotiated and discussed in this quasi-legal setting. In doing so, the author adds a much-needed linguistic perspective to the study of blame – previously the reserve of moral philosophers, sociologists and psychologists – at a time when public inquiries are being convened with increasing frequency. While the stated purpose of a public inquiry is rarely to apportion blame, this work reveals how blame is nevertheless woven (...) into the fabric of the activity and how it is constructed by the language of the participants. Its chapters systematically analyse the establishment of inquiries, their questioning patterns, how blame can be avoided by witnesses, how blame is assigned or not by an inquiry’s panel and how such blame may result in public apologies. The author concludes with an engaging discussion on the value of public inquiries in civic life and suggestions for changes to the processes of public inquiries. This book will appeal to readers with a general interest in public and political language; in addition to scholars across the disciplines of communication, media studies, politics, sociology, social policy, philosophy, psychology, linguistics, rhetoric, public relations and public affairs. (shrink)

In this book, the author defends the substantial unity of a human person whose life endures through time. Because a human being is an irreducible whole (including biological, psychological, and narrative powers), our lives can have personal coherence over time. The whole temporal expanse of a life is prior to any of its stages, just as a whole human person is prior to any of her organs or powers. We can tell stories about our past, present, and future only because (...) we possess a certain kind of complex unity at any one time. What we are as human beings makes it possible for us to lead the life of a human person. (shrink)

A fierce debate about civic education in American public schools has erupted in response to the terrorist attacks of September 11, 2001. Many liberals and conservatives, though they disagree strongly about which civic virtues to teach, share the assumption that such education is an appropriate responsibility for public schools. They are wrong. Civic education aimed at civic virtue is at best ineffective; worse, it is often subversive of the moral purpose of schooling. Moreover, the attempt to impose these partisan conceptions (...) of civic virtue on America's students violates the civic trust that underpins vibrant public schools. (shrink)

This concerns the dignity and the degradation of labour. Work has great power to undermine or to foster happiness. Bernard feels the moral dimension of labour has been neglected in political theory and practice and he aims to restore productive labour to its place in moral and political debate.

Despite their obvious importance to social and political life, custom and customary law have largely escaped philosophical scrutiny. There are important recent philosophical analyses of convention, but none of custom. And customary law has been recently neglected by the dominant legal positivism. One reason for the neglect of custom is the familiar dichotomy between nature and convention. Social practices are said to be either by nature, and therefore assumed to be unalterable, or they are said to be by convention, and (...) therefore assumed to be created at will. But customs arise neither simply from nature nor from deliberate stipulation, so they are excluded by the familiar opposition of nature and convention. Custom is a notoriously vague concept: custom seems both to be natural and conventional. I attempt to show how custom bridges human nature and social norms. I argue that custom must be analyzed into two more logically basic concepts: habit and convention. Custom is a habitual convention and a conventional habit. I discuss habit and convention in relation to contemporary psychology and analytic philosophy. Habit roots custom in the physiology of human nature while convention links custom to social norms. Aristotle pioneered this approach to custom by using two words to describe what we call custom: ethos and nomos. Ethos focuses our attention on the habitual dimension of custom while nomos focuses our attention on the conventional dimension of custom. I argue that the function of law is to remedy the deficiencies of custom: law is custom’s instrument for shaping its own evolution. (shrink)

Philosophy has always been parasitic on other bodies of knowledge, especially religious thought. Greek philosophy in Italy emerged as a purification of Orphic religious traditions. Orphic votaries adopted various disciplines in the attempt to become divine, which led Pythagoras and Empedocles to define philosophy as a path to divinity. According to Plato and Aristotle, the goal of philosophy is to become “as much like a god as is humanly possible.” Classical Greek philosophy is not the study of the divine but (...) the project of becoming divine, a project which it shares with Christianity. Greek philosophy and Christianity have different paths to the divine, but they share a common aspiratio. (shrink)

Originally published 1971, this volume unravels the complicated history of the religious question in British education. The background of the key Acts of Parliament which established the "dual" system – of Church and Local Authority school – is examined. The changing policies of different religious groupings are analyzed, and their outcome in legislation brought out.

Donald Green and Ian Shapiro discover a curious gulf between the prestige of rational choice approaches and the dearth of solid empirical findings. But we can understand neither the prestige of rational choice theory nor its pathologies unless we see it as a variant of the equilibrium analysis found in physics, economics, and biology. Only such a global perspective on rational choice theory will reveal its core assumptions and the likely shape of its future in political science. In this light, (...) the growing dominance of rational choice theory in political science is all but inevitable and its pathologies are all but inescapable. (shrink)

A review of recent research suggests that academic and popular distinctions between “religion” and “spirituality” are unfounded. Working from a meaning systems perspective, it is argued that recognizing that “religious” and “spiritual” are part of the same broad category does not go far enough. It is argued that a wider perspective that considers the interplay of many different cultural and social factors on both beliefs and practices is more useful. This broadening of the multi-level, interdisciplinary paradigm to examine all existential (...) cultures, including the secular and non-religious, offers the potential to better understand the complexity and diversity of lived religion. Increased use of idiographic methodologies and a more reflective approach to the constructs used in nomothetic methodologies are advocated as a way to advance the field and better explore beliefs and practices in a more ecologically valid way. (shrink)

In this article, we explore the tension between truth telling and the demands of civic life, with an emphasis on the tension between serving one's country and reporting the truth as completely and independently as possible. We argue that the principle of truth telling in journalism takes priority over the promotion of civic values, including a narrow patriotism. Even in times of war, responsible journalism must not allow a narrow patriotism to undermine its commitment to truth telling. Journalists best fulfill (...) their civic role by adopting the perspective of a democratic patriotism. We conclude that if news organizations accept the primacy of truth telling and democratic patriotism, they should not embed reporters with military units, or if they do, they have an ethical obligation to implement special editorial precautions. (shrink)

There is a need to better understand how individuals in different religious groups construct and maintain their worldviews. This study explores how religious practices, beliefs, and relationships create and sustain the worldviews of five British Muslims. Semi-structured interviews were inductively analyzed using interpretative phenomenological analysis (IPA) to idiographically explore the participants’ lived experiences. This analysis developed multiple subordinate themes that formed two superordinate themes: “Submitting to Allah” and “Being a British Muslim.” The participants’ experiences of being raised in Muslim families (...) strongly shaped their beliefs and they each strongly identify themselves as both Muslim and British. These important relationships taught them to follow the teachings of the Qur’an and to live their lives in submission to God. The analysis suggests the belief that the Qur’an is the authoritative and enduring revelation of God to mankind provided the core of their worldview and that this belief had far-reaching implications for every aspect of their lives. Their social relationships and religious practices both continually affirmed this fundamental belief in their sacred text and created a social reality in which the participants experienced God and submitted to the will of Allah. The combination of many different religious practices, social relationships, and personal experiences imbued the Qur’an with the power and authority to shape the participants’ lives and sustained their religious community. The participants’ intratextually fundamentalist approach to the Qur’an helped them create coherent worldviews that were filled with meaning and purpose. (shrink)

This paper discusses apologies made by politicians at a recent UK public inquiry, the Leveson Inquiry into the Culture, Practices and Ethics of the Press. I use the freely available data from the Inquiry to explore how politicians apologise in this interactional setting, contrasting it with more usual monologic political apologies. Firstly, I identify the sorts of actions which may be seen as apologisable. I then take a conversation analytic approach to explore how the apologies can come as a result (...) of an overt complaint and how the apologies are reacted to by counsel and the Inquiry chair. I show that, unlike in everyday conversation, apologies are not the first pair parts of adjacency pairs, but rather form action chains where the absence of a response is unmarked. I conclude with some observations on how apology tokens may be losing their apologetic meaning. (shrink)

Social psychologists have performed many well-known experiments demonstrating that experimental subjects will perform in ways that are normatively inconsistent even across very similar situations. Situationist social psychologists and philosophers have often interpreted these findings to imply that most people lack general moral dispositions. These situationists have argued that our moral dispositions are at best narrowly local traits; they often describe our moral characters as fragmented. In this paper, I offer an alternative hypothesis for the same experimental results. I argue that (...) these normative inconsistencies in behavior might well be produced by habit interference: experimental subjects err by over-generalizing dispositions formed in prior situations. I ground this alternative hypothesis in the long tradition of transfer of learning studies, which demonstrated that cognitive inconsistency was often the result of habit interference and, hence, overly generalized dispositions. I shall thus explore the analogy between moral and cognitive inconsistency to show why social psychology might well benefit from adopting the experimental design of the classic transfer of learning studies. (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 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. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Prime Minister’s Questions (PMQs) is a weekly, half-hour long session in the British House of Commons, which gives backbench Members of Parliament (MPs) and the Leader of the Opposition (LO) the opportunity to ask the Prime Minister (PM) questions on any topic relating to the government’s policies and actions. The discourse at PMQs is often described as adversarial (see Bull & Wells 2011) and in this paper I will show how the notion of impoliteness can be applied to both the (...) questions and the answers which make up the session. Through the detailed analysis of six sessions of PMQs I will also demonstrate that PMQs is also a source of polite linguistic behaviour of the sort described in Brown & Levinson’s (1987) politeness theory. Comparisons between Gordon Brown’s and David Cameron’s speech styles will also be drawn. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:LANGUAGE, COMMUNICATION, AND REPRESENTATION IN THE SEMIOTIC OF JOHN POINSOT1 }AMES BERNARD MURPHY Dartmouth College Hanover, New Hampshire 1) Language and the Semiotic of John Poinsot HE SEMIOTIC of John Poinsot is to the study of gns what physics is to the study of nature. Physics is oth the most fundamental and the most general science of nature. All natural processes, from the motion of planets to the (...) division of cells, are governed by, but not only by, laws of physics. Similarly, the semiotic of John Poinsot (traditionally known by his Dominican name, John of St. Thomas) is the most fundamental and general science of signs. The actions of all signs -from natural signs such as footprints and symptoms of disease, to signs of communication, such as logical operators and linguistic signs, to signs in cognition, such as concepts and percepts -are governed by, but not only by, the fundamental relational logic of semiosis set forth in his Ars Logica [1632]. If C. S. Peirce can be said to give us a chemistry of sixty-six signcompounds, John Poinsot, suitably revised, gives us the basic physical laws of motion that bring sign, object, and mind into relation.2 i The author would like to acknowledge gratefully the fellowships received from the American Council of Learned Societies and from Dartmouth College supporting the research of this article. I also wish to acknowledge the help of my research assistant, Daniel Glazer, in hunting down many essential books and articles. John Deely assisted by correcting my discussion of some of the finer points of Poinsot's theory as well as by providing many other helpful suggestions for revision. 2 The first modern author to point this out was Jacques Maritain, especially in "Signe et symbole," Revue Thomiste 44 (April 1938), pp. 299-300 and 569 570 JAMES BERNARD MURPHY What I wish to explore here is the question: To what extent does the semiotic of John Poinsot account for the meaning of linguistic signs? In one sense, we cannot expect such a fundamental and general theory of the action of signs to tell us much about language. Language is a surpassingly complex and, in many ways, a unique sign-system. Expecting a general theory of signs to capture the meaning of the linguistic sign is like expecting physics to explain reproductive biology. In another sense, though, we ought to expect his semiotic to illuminate that preeminent system of signs, human language. For in addition to "Le Langage et la theorie du signe," Anne.:re au chapitre II of Quatre essais sur!'esprit dans sa condition charnelle (Nouvelle edition revue et augmentee; Paris: Alsatia, 1956), pp. 113-124. This latter essay appears in a modestly amplified English version, " Language and the Theory of Sign," from Language : An Enquiry into Its Meaning and Function, edited by Ruth Nanda Anshen (New York: Harper and Brothers, 1957), pp. 86-101; and, fully annotated in relation to Poinsot's Tractatus de Signis, it has been reprinted in Frontiers in Semiotics, edited by John Deely, Brooke Williams, and Felicia Kruse (Bloomington, IN: Indiana University Press, 1986), pp. 51-62. Following Maritain, a number of authors have attempted to apply Poinsot's semiotic to contemporary debates. I note the principal ones in chronological order: John A. Oesterle, " Another Approach to the Problem of Meaning," The Thomist 7 (1944), pp. 233-263; John Wild, "An Introduction to the Phenomenology of Signs," Philosophy and Phenomenological Research 8 (December 1947), pp. 217-244; Henry B. Veatch, Intentional Logic (New Haven: Yale University Press, 1952). Poinsot's Treatise on Signs was originally published in 1632 as a small part of volume 2 in the original five volumes (Alcala, Spain: 1631-1635) of his philosophical writings. These five volumes have been published as three volumes under the title Cursus Philosophicus Thomisticus in the modern edition by Beatus Reiser (Turin: Marietti, 1930, 1933, 1937). The first independent presentation of Poinsot's complete Tractatus de Signis was prepared by John Deely in consultation with Ralph A. Powell and published in bilingual critical edition (Berkeley: University of California Press, 1985). Since the publication of this edition of the Tractatus, two major critiques and reconstructions of Poinsot's analysis... (shrink)

Most studies of Aristotle's Rhetoric center on the text itself, either dwelling entirely on the text or citing other Aristotelian works only to support a particular interpretation. However, since it is clear that most of Aristotle's works relate to each other as part of a systematic effort to describe the universe, it seems best to look at the Rhetoric in light of his whole range of work. This essay therefore discusses his "metarhetoric", or the whole range of knowledges necessary to (...) be rhetorical. The essay concludes with five examples of what can be learned about the Rhetoric from even a short treatise like his On memory and Reminiscence. (shrink)

NO THREE CONCEPTS ARE MORE CENTRAL to legal theory than nature, custom, and stipulation; thus the familiar expressions "natural law," "customary law," and stipulated or "positive law." The problem is that conflicting claims are made for natural law, customary law, and positive law. I will argue that to make sense of these conflicting claims we must first make a distinction between law as a species of social order and jurisprudence as the explanation of law. For example, the debate between the (...) advocates of legal positivism and the advocates of natural law reflects a confusion between law and jurisprudence: law as social order is essentially stipulated, but the jurisprudential explanation of law requires the three categories of nature, custom, and stipulation. Thus legal positivists rightly insist that all law is stipulated, but advocates of natural law rightly insist that the explanation of law requires the use of a notion of nature. Conversely, the legal positivists wrongly insist that jurisprudence must be restricted to the consideration of stipulated "norms" or "rules," and the natural law theorists wrongly insist that "nature" can stipulate a code of law. Finally, the historical school's emphasis on "customary law" reflects the same confusion between law and jurisprudence: there is no such thing as "customary law," but custom is an essential category of jurisprudence. Only by clarifying the distinction between law and jurisprudence can we begin to reconcile these three schools of legal theory. (shrink)

The goal of human life, according to Plato, Aristotle, and the Bible, is to become as much like god as possible. This book, written in vivid and lucid English, illuminates Greek philosophy by showing how it grows out of ancient Greek religion and how it compares to biblical religion.

Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by (...) an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society? The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts. (shrink)