Gerald Postema presents the collected writings on legal, political, and moral theory of a key thinker of the 17th century, Sir Matthew Hale. Hale develops a unique and sophisticated account of the nature and foundations of common law, with extended reflections on natural law, moral and legal reasoning, and the legal limits of political authority.

Is there such a thing as "business ethics?" Author Gerald J. Williams compellingly answers this question in Ethics in Modern Management. Though he agrees that greed and self-interest are at work in the business environment, he also notes that they can be found in just about every area of human endeavor, and it is a fallacy to think that one can justify these vices simply because one operates in the business environment, where such behavior might be more readily condoned. (...) But the book does not stop at establishing the faulty logic behind the "business ethics" concept. It is also designed to help managers with the process of education and moral reflection by describing three approaches to morality--cultural moral relativism, utilitarianism, and Thomistic natural law--and showing how each approach attempts to solve real-life ethical conflicts in the business world. (shrink)

Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

Gerald J. Galgan's collection of essays speaks in several philosophical voices. He explores the relationship between a metaphysical and epistemological language and follows the transition from the medieval Christian Book of Nature to the modern conception of subjectivity.

Author of _The Conservative Mind_, Russell Kirk was a principal architect of the American intellectual conservative movement. This book takes a closer look at his works on such subjects as law, history, economics, and statesmanship to introduce a new generation of readers to the depth and range of his thought. Kirk probed the very meaning of conservatism for modern intellectuals, and in _The Postmodern Imagination of Russell Kirk, _Gerald Russello examines such key concepts of his thought as imagination, historical consciousness, (...) the interplay between the individual and tradition, and the role of narrative in constructing individual and societal identity. By stressing the importance of Kirk’s perception of imagination, he offers a new approach to understanding him, showing not only that Kirk laid the groundwork for the “new conservatism” of the 1950s and ’60s, but also that his work evolved into a sophisticated critique of modernity paralleled in the work of some postmodern critics of liberalism. In order to reconstruct Kirk’s attack on modernity, Russello examines his textbook on economics, his fiction, his work on Robert Taft and Orestes Brownson, his writings on the role of the statesman, and his neglected essays such as “The Age of Discussion” and “The Age of Sentiments.” Russello shows that Kirk welcomed the rise of some form of postmodernism, seeing in it a new opportunity for conservatism to engage the wider culture. Through this analysis, he situates Kirk within wider currents of contemporary thought, connecting him not only with such major thinkers as Lyotard, Boorstin, and Koestler but also with such lesser-known figures as Bernard Iddings Bell, Charles Baudouin, and Christopher Dawson. By examining Kirk’s development of the imagination as a tool of conservative discourse, Russello offers an alternative genealogy for conservative thought that melds its antimodernism with postmodern themes. He has forged a lively and provocative work that provides unusual perspectives on Kirk within the wider context of debate over the future of conservatism in a time of shifting alliances—a book that will be a valuable resource for anyone seeking to understand Kirk or conservative thought. (shrink)

A Short Introduction to Ethics provides a short, straightforward volume that prepares the reader for in-depth study of the questions, issues, and puzzles that must be dealt with in the study of standard ethics or moral philosophy.

This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.

The thesis of this essay is that social conventions of the kind Lewis modeled are generated and maintained by a form of practical reasoning which is essentially common. This thesis is defended indirectly by arguing for an interpretation of the role of salience in Lewis’s account of conventions. The remarkable ability of people to identify salient options and appreciate their practical significance in contexts of social interaction, it is argued, is best explained in terms of their exercise of what I (...) call “salience reasoning,” a form of common practical reasoning. The more widely accepted understanding of salience competence, the “natural salience” understanding, fails as an interpretation of the notion at work in Lewis and Schelling (on whom Lewis relied) and is inadequate as an explanation of salience competence. (shrink)

When they abandoned the analytic-synthetic distinction, analytic philosophers substituted for it uncritical appeals to thought experiments or conceivability arguments. Although the history of philosophy is replete with thought experiments, medieval and early modern philosophers developed sophisticated theories concerning what governs what happens in thought experiments. By contrast, contemporary philosophers subscribe to the thesis of facile conception according to which casual allegations of conceivability or inconceivability are taken as good evidence of possibility or impossibility. Philosophers need to adopt standards of thought (...) experimentation like those found in science and to ground them in a general theory of conceivability. (shrink)

I offer this essay not as a “reply to my critics,” but as a contribution to a conversation about the rule of law to which they have richly contributed. After a brief outline of key features of Law’s Rule, it considers whether it is committed to a “thin” or “thick” concept of the rule of law. It then explores the ideas of arbitrary power, accountability, and recourse; and it addresses the question whether the rule of law’s concern is restricted to (...) the exercise of governmental power. It concludes with consideration of a number of tensions that lie at the heart of the rule of law ideal. (shrink)

This article consists of an annotated edition and translation of a previously unpublished Latin letter to G. J. Vossius from Christianus Ravius, refuting the accusation made by Johann Seyffert in his pamphlet attacking Grotius, Classicum Belli Sacri adversus Hugonem Grotium Papistam , that Grotius, while representative of the Swedish government in Paris, had advised Ravius to convert to Catholicism. The historical introduction outlines the details of and probable reasons for Seyffert's published attacks on Grotius, Grotius's attitude towards those attacks , (...) and the implications for his relationship with the Swedish government and Baron von Degenfeld, commander of the German Protestant mercenary soldiers in the service of the French crown. It also recounts what is known of Ravius's stay in Paris during which he met Grotius, and raises the question why Ravius delayed making a response to Seyffert until well after Grotius was dead. (shrink)

Mandeville writes that it was said of Montaigne “that he was pretty well vers’d in the Defects of Man-kind, but unacquainted with the Excellencies of human Nature,” adding, “If I fare no worse, I shall think my self well used.” Mandeville transformed Montaigne’s suggestion into a methodology for his systematic attempt to “anatomize the invisible Parts of Man”. His tale of “the grumbling hive,” and his extensive commentary on it, were designed to demonstrate that “if Mankind could be cured of (...) the Failings they are Naturally guilty of, they would cease to be capable of being rais’d into such vast, potent and polite Societies, as they have been”. (shrink)

Nowhere has H.L.A. Hart's influence on philosophical jurisprudence in the English-speaking world been greater than in the way its fundamental project and method are conceived by its practitioners. Disagreements abound, of course. Philosophers debate the extent to which jurisprudence can or should proceed without appeal to moral or other values. They disagree about which participant perspective—that of the judge, lawyer, citizen, or “bad man”—is primary and about what taking up the participant perspective commits the theorist to. However, virtually unchallenged is (...) the view that jurisprudence is fundamentally interpretive or “hermeneutic”; that it takes for its subject a certain kind of social practice, constituted by the behavior and understandings of its participants; that its task is to explain this practice and its relations to other important social practices; and that it can properly be explained only by taking full account of participant understandings. It is, perhaps, some measure of the hegemony of Hart's influence that Ronald Dworkin mounts his fundamental challenge to Hart's positivism squarely from within this jurisprudential orthodoxy. Dworkin may have exceeded the limits of the method as Hart conceived it, but, as Stephen Perry has argued, “the seeds of Dworkin's strong version of inter-pretivism were sown by Hart himself.”. (shrink)