Journal of Social Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

In the canonical view of the corporation, management is the agent of the owners of the corporation-the stockholders-and, as such, has a fiduciary duty to manage the corporation in their best interests. Most business ethicists condemn this arrangement as morally indefensible because it fails to respect the right of other corporate constituencies or “stakeholders” to self-deterrnination. By contrast, the modern agency theory of the firm provides a defense of this arrangement on the grounds that it is the result of stakeholders’ (...) right to self-determination. This paper uses the exarnple of managers’ fiduciary duty to stockholders to argue that different normative judgrnents often mask empirical disagreements. (shrink)

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

The story of liberal democracy over the last half century has been a triumphant one in many ways, with the number of democracies increasing from a minority of states to a significant majority. Yet substantial problems afflict democratic states, and while the number of democratic countries has expanded, democratic practice has contracted. This book introduces a novel framework for evaluating the rise and decline of democratic governance. Examining three mature democratic countries – Britain, Australia and New Zealand – the authors (...) discuss patterns of governance from the emergence of mass democracy at the outset of the twentieth century through to its present condition. The shared political cultures and institutional arrangements of the three countries allow the authors to investigate comparatively the dynamics of political evolution and the possibilities for systemic developments and institutional change. (shrink)

This paper focusses on John Toland's influentialHypatia(1720), an account of the neo-Platonist philosopher and mathematician murdered in ancient Alexandria; it also considers segments of hisLetters to Serena(1704), and suggests various conjunctions between the two texts which confirm Toland's genuine and sustained feminist commitment. As I try to establish, Toland's concern is as much about contemporaneous events as it is about ‘disinterested’ history: by promoting Hypatia as the representative of philosophy in its perennial struggle with superstition and priestcraft, Toland is able (...) to underscore the wider case for an inclusive and capacious conception of ‘enlightenment’. (shrink)

This article sets out to investigate aspects of the uptake of Renaissance law and medicine from some of the logical and natural-philosophical components of the university arts course. Medicine is shown to have a much laxer operative logic than law, reflecting its commitment to the theory of idiosyncrasy as opposed to the demands made upon the law by the need for a uniform application of justice. Symptomatic of the different uptake arc the contrasting meanings of "regulariter" and "generaliter" in the (...) two disciplines. Whereas the law treats the rule as inviolable and the exception as only valid if made explicit in due legal form, medicine is able to conceive of a nature as a field of knowledge broader than that encompassed by its rules of art. Both law and medicine approach evidence. (shrink)

Alan Hazen has claimed that Buridan’s theory of truth does not escape semantic paradox.In this paper, I claim that Buridan's theory is untouched by Hazen's case.My solution to Hazen's paradox requires the recognition of the exceptionability of what I shall call T-Elimination, namely, the principle that from a statement that such and such is true, we may deduce such and such. The exceptions are explained by reference to the role of what I shall call the meta-content of a locution, that (...) is, that information conveyed by any locution that tells us what sort of a locution it is intended to be. The exceptionability of T-Elimination turns out to be shared by other well-accepted principles of deduction also—and for the same reasons. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Foucault’s Renaissance Episteme Reassessed: An Aristotelian CounterblastIan MacleanThere seem to me to be two good reasons for looking at Foucault’s Renaissance episteme again, even though specialists of the Renaissance have given it short shrift and Foucault himself does not seem to have set great store by it in his later writings. 1 The first is that in general books on Foucault accounts of it are still given in a (...) neutral or even approving way, as though neither the concept of episteme (which suggests both that mind-sets or paradigms or epistemes are all-constraining) nor the account of the Renaissance episteme in particular (which is given a predominantly Platonic and hermetic character) require modification, if not refutation. 2 I shall suggest that although in some sense we are all prisoners of our mind-sets, there are ways in which we can escape from this prison 3 ; and with respect to the Renaissance in particular, I shall claim that Aristotelianism, not Platonism, is the appropriate context in which to see the dominant universe of discourse of the day and that this philosophy can be shown to possess the resources for escaping its limitations. To do this I shall [End Page 149] give a brief resume of Foucault’s episteme in general and the Renaissance episteme in particular. Then I shall show first, that the Platonist features which he cites as typical are actively refuted at that time and cannot be described as dominant without severe qualification; second, that the versions of Aris-totelianism widely taught in universities and schools give quite different accounts of these features; and third, that this form of thinking can be shown to have the freedom of self-critique in the very areas in which Foucault chooses to see Renaissance philosophy as both constraining and constrained.In 1969 Foucault produced his “theoretical work” L’Archéologie du savoir as the methodological systematization of his earlier historical writings, L’Histoire de la folie à l’âge classique (l961), La Naissance de la clinique (l963), and Les Mots et les choses (1966). In this work man is described as a modern self-invention, fashioned from a particular configuration of knowledge and destined soon to disappear. Foucault’s history of man is a story about the way he constituted himself as a subject and then made his body, his behavior, his reason, and his consciousness the object of his study and a field to be controlled, regulated, trained, and coerced. In this analysis man’s “rationality” becomes not a faculty but an authoritarian straitjacket. What Foucault sets out to investigate is a very fundamental form of ontology but not one associated with profound knowledge; it is a superficial and finite, if largely invisible, field, which is discontinuous, not defined by the agenda of the modern state of any associated discipline, and peopled by “utterances” (énoncés) which are only graspable in their differences and their dispersion. If coagulations of these “utterances” (formations discursives) occur at all, they appear only in the form of consistent relations: the objects to which they “refer” are no more than objectifications whose scientific status cannot be established and whose meaning cannot be recovered by semantic or rhetorical analysis. In calling his previous book Les Mots et les choses, he was being explicitly ironic, for neither the words nor the things of the title have any substance to them: they are not presences but absences. The description made by the historian is remote from his object, indirect, incomplete; it describes a “preconceptual field” in which the “preconcepts” are no more than organizing operators or functions revealing relationships of dependence, processes of validation, contingent theories of truth. The “utterances” which these “preconcepts” inform come together in “discourses” which are neither systems nor mere aggregations of knowledge; archaeological history as practiced by Foucault uncovers not a “mentality” but an “episteme,” which he defines as follows:By episteme we mean... the total set of relations that unite, at a given period, the discursive practices that give rise to epistemological figures, sciences, possibly formalized systems.... The episteme is not a form of knowledge or type of rationality which, crossing the boundaries [End Page 150] of the most... (shrink)

This book examines a series of common metaphors in the works of Derrida and the Sufism of Muhyddin Ibn 'Arabi, considered to be of the most influential figures in Islamic thought. The author addresses the significant absence of attention on the relationship between Islam and Derrida and also provides a deconstructive perspective on Ibn 'Arabi.

This paper examines recent communitarian writing about the market. Much of this work explains the loss of community in our times as a result of the expansion of the market and market values. As the market has invaded other domains, such as family andneighborhood, relationships there have become infected by the instability and transience that characterize market relations. Centralto this critique of the market is the view that the market is unable to sustain lasting commitments. This paper tests this hypothesis (...) byexamining the fate of the family—the paradigmatic case of commitment—in three separate historical periods when market orcommercial values were especially dominant. It then extends the analysis to two other component institutions of community—voluntaryand charitable activities. Finally, it examines institutions where so-called market values should presumably hold unchallenged sway,namely in the work place and the marketplace. The paper finds that communitarian values appear to thrive in market society. Instead ofbeing a juggernaut the market may be an endangered species. (shrink)

Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more (...) intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects. (shrink)

Book Information Hegel's Idea of Freedom. Hegel's Idea of Freedom Alan Patten Oxford University Press 1999 xiii + 216 Hardback £30 By Alan Patten. Oxford University Press. Pp. xiii + 216. Hardback:£30.

This paper presents a framework for understanding the value systems inherent in landscape architectural practice. It is based upon a close analytical reading of the academic and professional literature, supported by a series of in-depth interviews with mid- and late-career British landscape architects. The empirical results of these interviews will be presented in a future paper. A tripartite classification of values is suggested, based upon the categories of the aesthetic, the social and the environmental, each of which is internally complex. (...) This framework is offered as a tool for future landscape architectural criticism. The relationships between values both within and between these value areas are discussed. The conclusion reached is that there is no overarching value which can be used to arbitrate between conflicting values. However, while it is possible to identify areas where values conflict, there can also be significant convergence between aesthetic, social and ecological values, and the paper suggests that it is possible to create landscapes which have positive value in all three areas. (shrink)

The Political Responsibility of Intellectuals addresses the many problems in defining the relationship of intellectuals to the society in which they live. In what respects are they responsible for, and to, that society? Should they seek to act as independent arbiters of the values explicitly or implicity espoused by those around them? Should they seek to advise those in public life about the way in which they should act, or should they withdraw from any form of political involvement? And how (...) should their preoccupations with truth and language find practical expression? The contributors to this volume seek to provide tentative answers to these questions. They come from a wide variety of disciplines, ranging from economics to linguistics and sociology to philosophy, and are drawn from both America and Eastern and Western Europe. The volume is given a particular interest by recent political upheavals in Eastern Europe, where many intellectuals have been confronted with sharply practical, sometimes dramatic, choices about their role in the political arena. (shrink)

This analysis of Herbert Marcuse’s appropriation of the argument concerning the “mathematization of nature” in Edmund Husserl’s Crisis of the European Sciences and Transcendental Phenomenology shows that Marcuse and Husserl both assume that the perception of real, concrete individuals in the lifeworld underlies formal scientific abstractions and that the critique of the latter requires a return to such qualitative perception. In contrast, I argue that no such return is possible and that real, concrete individuals are constituted by the relation between (...) a given perception and its horizon. In this manner, Marcuse’s social critique can be combined with Husserl’s theoretical-perceptual one, making possible an ecological critique. L’analyse de l’appropriation que fait Herbert Marcuse de l’argument concernant la « mathématisation de la nature » dans la Crise des sciences europe ennes et la phénoménologie transcendantale de Husserl démontre que Marcuse et Husserl assument tous les deux que la perception des individus réels concrets dans le monde de la vie sous-tend les abstractions scientifiques formelles et que la critique de ces dernières nécessite un retour à la perception qualificative. J’avance au contraire qu’un tel retour n’est pas possible et que les individus réels concrets sont constitués par la relation entre une perception donnée et son horizon. Nous pouvons alors combiner la critique sociale de Marcuse avec la critique théorico-perceptuelle de Husserl pour en faire une critique égologique. (shrink)

The two most common names to invoke for a perceptualist aesthetics are Rudolf Arnheim and E. H. Gombrich. But the similaritied and differences between them have never been explicitly drawn. This paper undertakes such an analysis based on the three categories of representation, expression and historical objectivity. Arnheim's less stringent solutions to the problems of representation and expression are applauded but Gombrich's unique attempt to ground both of these categories in a form amenable to non-historicist approach to history are also (...) praised. Gombrich's anti-historicism derives from Karl Popper and Arnheim is fleshed out with the theories of Maurice Mandelbaum. The parallel comparison of Popper-Mandelbaum helps to underscore differences and show an alternative to Gombrich and Popper's nominalism. (shrink)