Traditionally, civil law jurisdictions in Scandinavia and the continent of Europe have not been willing to acknowledge the appropriateness of extending bankruptcy relief to consumer debtors and discharging any part of their debts. The opposition was based on the importance of upholding the sanctity of contractual obligations: pacta sunt servanda. This attitude stood in contrast to the fresh start philosophy of US bankruptcy law, which embraced a more forgiving attitude, focusing on the reintegration of the insolvent debtor into society, substantially (...) free of debt, after he has filed for bankruptcy and surrendered his non-exempt property for distribution among his creditors. The relaxation of credit controls and the rapid increase in the number of insolvent debtors in the late 1980s and early 1990s has forced many continental jurisdictions to reconsider their traditional opposition. They have since adopted debt adjustment plans providing various forms of debt relief to overcommitted debtors but only a substantial number of years after the initial proceedings. The American reaction has gone in the opposite direction. With the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the United States has reversed its century old liberal fresh start tradition. The 2005 Act imposes a formidable means test as well as other preconditions to determine whether a debtor has sufficient discretionary income to pay off twenty percent of his or her unsecured debts under a Chapter 13 plan. If the answer is yes, the debtor is denied the right to file a bankruptcy petition under Chapter 7 of the Bankruptcy Code. This paper asks whether these developments on opposite sides of the Atlantic suggest that facts on the ground are more important than dogma and deeply entrenched beliefs. The author’s answer is that while there is certainly a trend towards convergence between continental European and US approaches to consumer insolvency, it is much too soon to speak of a common culture and a common approach. He notes, however, that Commonwealth jurisdictions have long adopted a means test to determine a debtor’s eligibility for discharge from debt and suggests that continental scholars would have done better to study the Commonwealth experience as embodying a suitable compromise than to flirt with the US fresh start philosophy, only to reject it as too alien to the continental moral sense. (shrink)

Distinguished historian of Judaism Jacob Neusner here ventures for the first time into constructive theology. Taking the everyday life of contemporary Judaism as his beginning, Neusner asks when in the life of the living faith of the Torah does Israel, the holy community, meet God? Where does the meeting take place? What is the medium of the encounter? In his attempt to answer these questions, Neusner sets forth the character and the form of the Torah as sung theology. Israel, (...) the holy community, meets God in the synagogue, while at prayer, and in the yeshiva, when studying the Torah—at the moment in each setting when the Torah is received. In both circumstances people do not read but sing out its words. With the written part of the Torah sung in the synagogue, and the oral part declaimed in centers of sacred learning, music provides the medium for Judaism's theological voice. Neusner identifies a reciprocal exchange between the holy community Israel and God: Israel sings to God when the Torah is studied, and God sings to Israel when the Torah is declaimed. Through the metaphor of music, Neusner offers an account of how he believes those faithful to the Torah meet God in the Torah, and how they should listen to the melody of God's self-revelation. The result is an original theological reflection that will interest all students of Judaism. (shrink)

This article argues that Epictetus employs the terms orexis and hormê in the same manner as the older Stoics. It then shows, on the basis of this claim, that the older Stoics recognized a distinction between dispositional and occurrent forms of motivation. On this account of Stoic theory, intentional action is in each instance the product of two forms of cognition: a value ascription that attributes goodness or badness to some object, conceiving of its possession as beneficial or harmful to (...) the agent, together with a situational judgment about appropriate action. The resulting interpretation suggests that the Stoic theory of motivation as a whole — and not merely the Stoic analysis of the pathê — has the basic shape of a practical syllogism, with more psychological depth than commentators have recognized. (shrink)

Personal authenticity is out of fashion amongst analytic philosophers. Yet, Kierkegaard, Nietzsche, Heidegger, Sartre and Camus were clearly preoccupied by its theoretical and practical viability. In this study, Jacob Golomb illuminates the writings of these philosophers in an attempt to explain their particular ethical stance on the subject. This book will prove invaluable reading for students and teachers of philosophy, literature and education and indeed for anyone who has ever empathized with Camus's Meursault, Sartre's Matthieu or Nietzsche's Zarathustra.

Alva Noë’s version of the enactive conception in _Action in Perception_ is an important contribution to the study of visual perception. First, I argue, however, that it is unclear (at best) whether, as the enactivists claim, work on change blindness supports the denial of the existence of detailed visual representations. Second, I elaborate on what Noë calls the ‘puzzle of perceptual presence’. Thirdly, I question the enactivist account of perceptual constancy. Finally, I draw attention to the tensions between enactivism and (...) two trends in cognitive neuroscience: the two-visual systems model of human vision and the theory of internal forward models of action. (shrink)

This naturally calls to mind Plato's plan of education in which the highest pursuit, philosophy, is also to be the last in line. With Plato, as with Maimonides, we read that the direct search for wisdom is to be preceded by a certain training of all the natural faculties of man: the body, the emotions, and the intellect.

On aborde ici la question du statut du corps et des figurations du corps politique dans la Révolution française. Il s’agirait de savoir si les révolutions démocratiques des temps modernes amorcent un processus de désincorporation du social oů, ŕ partir du régicide se défait l’hypostase du Corpus Mysticum – ou si l’on assiste ŕ une mouvement inverse de réincorporation, ŕ un simple transfert de souveraineté du corps déchu du monarque au Corps régénéré du peuple ou de la Nation. On examinera (...) ainsi, ŕ travers l’analyse des figurations du corps, la question du régicide ŕ la Terreur et les fondaments du discours et de la politique des Jacobins. (shrink)

The central aims of this paper are to show how linguistic corpora have been used and can be used in philosophy and to argue that linguistic corpora and corpus analysis should be added to the philosopher’s toolkit of ways to address philosophical questions. A linguistic corpus is a curated collection of texts representing language use that can be queried to answer research questions. Among many other uses, linguistic corpora can help answer questions about the meaning of words and the structure (...) of discourse. Through a discussion of examples, the paper shows that there are many philosophical questions that can be addressed by using a linguistic corpus. However, linguistic corpora need not (and often cannot) replace traditional philosophical methods. Lastly, it argues that the special properties of linguistic corpora, including their independence and the current ease and cheapness of access, make them an indispensable resource for philosophers. (shrink)

Recent advances in the cognitive neuroscience of action have considerably enlarged our understanding of human motor cognition. In particular, the activity of the mirror system, first discovered in the brain of non-human primates, provides an observer with the understanding of a perceived action by means of the motor simulation of the agent's observed movements. This discovery has raised the prospects of a motor theory of social cognition. Since human social cognition includes the ability to mindread, many motor theorists of social (...) cognition try to bridge the gap between motor cognition and mindreading by endorsing a simulation account of mindreading. Here, we express our skepticism about the motor theory of social cognition. (shrink)

What is the antidote to romantic love that all too often exhausts itself over night? This work suggests love can be a reflection of our spiritual being. It states that by the time we are living together something beyond passion is required something intentional and conscious is needed.

Europa presents, to the modern reader, the foreign political thought of four major German conservatives from the crucial period between the Second Reich and the Second World War. The texts chosen reveal the spiritual and cultural motives, of German conservatives at the turn of the century, that inspired expansionist policies and the consistent opposition to the Jewish financial rule. The lack of German translations of these important texts so far has clearly been a disadvantage to the modern historian in his (...) assessment of the philosophical significance of the Conservative, as well as of the National Socialist, foreign political ideology. (shrink)

The complexities of Henry More's eclectic Neoplatonism and his recklessly energetic poetic style have hitherto deterred scholars from undertaking a complete study of his long philosophical poem, A Platonick Song of the Soul . The aim of my dissertation is to study the Platonick Song in its entirety. I attempt to unravel the different strands of thought that it is woven of and reveal the consistency of thought and architectonic scheme of the work. ;The major themes of the Platonick Song (...) are the immateriality of the soul, its immortality, and its unfailing consciousness. I begin my study with an appraisal of More's work as an answer to Lucretius's De Rerum Natura, which had proclaimed the corporeality and mortality of the soul. The first poem of the Platonick Soul, "Psychozoia" is studied as an allegorical prelude to the work, and the Plotinian and Chaldean origins of More's systems are examined. The five poems after "Psychozoia" are divided into three sections dealing with the immortality of the soul , the macrocosmic manifestation of the soul and the alert soul "Antipsychophannychia," "The Praeexistency of the Soul" and "Antimonopsychia"). In the course of these three chapters, I have occasion to demonstrate More's reliance on the arguments of Ficino and Galileo. In the final chapter of my study, I reveal the importance of the Platonick Song for an understanding of the metaphysics, psychology and ethics of More's mature philosophy. In addition, I analyze the ways in which More's concepts of spirit, matter, space and the Deity resembled and differed from those of his Cambridge friend, Isaac Newton. (shrink)

Religion scheint auf den ersten Blick eine besondere Anfälligkeit für Dogmatismus zu besitzen. Religiöse Überzeugungen sind häufig tief im Leben der Menschen verankert und religiöse Hingabe scheint in Spannung zu jedem Zweifel an dem Inhalt der jeweiligen Religion zu stehen. Auf der Basis von Ernst Cassirers Überlegungen kann im Gegensatz zu diesem Anschein eine Konzeption von Religion entwickelt werden, wonach sich diese gerade durch eine kritische Reflexion auf die eigenen Inhalte auszeichnet und im Gegensatz zu Aberglauben, Irrglaube und Wahnglaube, zu (...) immer größerer Entfaltung von Freiheit führt. (shrink)

As the World Anti-Doping Code is up for revision, the paper proposes a framework for reading the Code based on a relatively literal approach and an almost exclusive focus on the ?spirit of sport? as a key element of the Code. The author argues that this single element can contribute to revealing the underlying rationale of the Code, as it serves to justify bans of doping substances and methods, in some cases without recurring to evidence sustaining the claims made. For (...) a substance/method to be banned, the Code requires that two out of three criteria be met: performance enhancement, health risk and the spirit of sport. The paper demonstrates how these provisions link to other parts of the Code, (under the rules of the Code 2009) in the absence of performance-enhancing properties combined with a health risk. The paper draws implications from these findings regarding terminological (im)precision, legal certainty/predictability, transparency/accountability, limits to arbitrary exercise of power and internal/external validity. (shrink)

Market metaphors have come to dominate discourse on medical practice. In this essay, we revisit Peter Berger and colleagues’ analysis of modernization in their book The Homeless Mind and place that analysis in conversation with Max Weber’s 1917 lecture “Science as a Vocation” to argue that the rise of market metaphors betokens the carry-over to medical practice of various features from the institutions of technological production and bureaucratic administration. We refer to this carry-over as the product presumption. The product presumption (...) foregrounds accidental features of medicine while hiding its essential features. It thereby confounds the public understanding of medicine and impedes the professional achievement of the excellences most central to medical practice. In demonstrating this pattern, we focus on a recent article, “Physicians, Not Conscripts—Conscientious Objection in Health Care,” in which Ronit Stahl and Ezekiel Emanuel decry conscientious refusals by medical practitioners. We demonstrate that Stahl and Emanuel’s argument depends on the product presumption, ignoring and undermining central features of good medicine. We conclude by encouraging conscientious resistance to the product presumption and the language it engenders. (shrink)

The political theory literature on multiculturalism is dominated by approaches based on rights and recognition -- quintessentially 17th- and 19th-century concepts, respectively. In this paper I aim to complement those approaches with one drawing on the 18th-century concept of manners. A range of cases of cultural contact and conflict -- especially those in the up-close settings of city life, and especially those having to do with contrasting cultural norms about seeing and being seen -- do not admit of wholly satisfactory (...) resolutions in which every morally legitimate claim can be met at the same time. The paper surveys such cases, and explains what the concepts of manners and civility can bring to bear on their analysis. (shrink)

What is the moral value of formal democratic decision-making? Egalitarian accounts of democracy provide a powerful answer to this question. They present formal democratic procedures as a way for a society of equals to arrive at collective decisions in a transparent and mutually acceptable manner. More specifically, such procedures ensure and publicly affirm that all members of a political community, in their capacity as autonomous actors, are treated as equals who are able and have a right to participate in collective (...) decision-making. Recently, a number of authors have raised what I describe as the ‘no impact’ objection. This objection focuses on the egalitarian emphasis on autonomy to cast doubt on the moral value of formal democratic procedures. It holds that individual participation in formal democratic decision-making has no impact on the eventual result, and therefore cannot be understood as an exercise in autonomy. Consequently, the ‘no impact’ objection claims that the moral value of formal democracy cannot be explained with reference to an egalitarian ideal of ‘rule by the people’. In this article, I refute this objection by complementing an egalitarian account of democracy with an account of basic autonomy. (shrink)

In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. (...) Some explicate its meaning in abstraction from constitutional practice, while others confine themselves to less exalted ideas. The result is a chasm that separates constitutional practice from a theory capable of justifying its innovations and guiding its operation. By expounding the connection between human dignity and the constitutional practices that justify themselves in its light, Jacob Weinrib brings the theory and practice of constitutional law back together. (shrink)

In order to reach beyond the epistemological barrier so solidly put in place by Kant, to reach more deeply into the world of experience, we now need to develop what I call an "inner empiricism"--the empiricism of looking inward and experiencing the inner world. This is the world within the psyche, within the mind and the heart; it is the world of feelings, of direct sensations. And this is the world that yields metaphysical truths. This is the world that Kant (...) overlooked. Prior to Kant, there were philosophers who recognized the importance of this other "instrument". Great metaphysicians, such as Plato or the ninth­century Christian philosopher Duns Scotus, or the great Islamic philosophers-almost all, I believe, based their metaphysical claims about reality on what they discovered from internal experience. (shrink)