This article challenges the generally accepted dogma that reliance is an essential ingredient in contractual formation. We argue that this view has resulted from an erroneous interpretation of the relevant case law, failure to cite contrary authority, and the elevation of often oblique judicial references to the need for reliance to the status of fundamental contractual principle. Contractual theory and clear policy reasons support our position that in English law a contractual obligation subsists when a person, knowing of a promise, (...) performs the stipulated act (or gives the promise) requested by the promisor, even though that person has not relied on the promise. (shrink)

In 1947 America’s premier philosopher, educator, and public intellectual John Dewey purportedly lost his last manuscript on modern philosophy in the back of a taxicab. Now, sixty-five years later, Dewey’s fresh and unpretentious take on the history and theory of knowledge is finally available. Editor Phillip Deen has taken on the task of editing Dewey’s unfinished work, carefully compiling the fragments and multiple drafts of each chapter that he discovered in the folders of the Dewey Papers at the (...) Special Collections Research Center at Southern Illinois University Carbondale. He has used Dewey’s last known outline for the manuscript, aiming to create a finished product that faithfully represents Dewey’s original intent. An introduction and editor’s notes by Deen and a foreword by Larry A. Hickman, director of the Center for Dewey Studies, frame this previously lost work. In Unmodern Philosophy and Modern Philosophy, Dewey argues that modern philosophy is anything but; instead, it retains the baggage of outdated and misguided philosophical traditions and dualisms carried forward from Greek and medieval traditions. Drawing on cultural anthropology, Dewey moves past the philosophical themes of the past, instead proposing a functional model of humanity as emotional, inquiring, purposive organisms embedded in a natural and cultural environment. Dewey begins by tracing the problematic history of philosophy, demonstrating how, from the time of the Greeks to the Empiricists and Rationalists, the subject has been mired in the search for immutable absolutes outside human experience and has relied on dualisms between mind and body, theory and practice, and the material and the ideal, ultimately dividing humanity from nature. The result, he posits, is the epistemological problem of how it is possible to have knowledge at all. In the second half of the volume, Dewey roots philosophy in the conflicting beliefs and cultural tensions of the human condition, maintaining that these issues are much more pertinent to philosophy and knowledge than the sharp dichotomies of the past and abstract questions of the body and mind. Ultimately, Dewey argues that the mind is not separate from the world, criticizes the denigration of practice in the name of theory, addresses the dualism between matter and ideals, and questions why the human and the natural were ever separated in philosophy. The result is a deeper understanding of the relationship among the scientific, the moral, and the aesthetic. More than just historically significant in its rediscovery, Unmodern Philosophy and Modern Philosophy provides an intriguing critique of the history of modern thought and a positive account of John Dewey’s naturalized theory of knowing. This volume marks a significant contribution to the history of American thought and finally resolves one of the mysteries of pragmatic philosophy. (shrink)

Research on the capacity to understand others' minds has tended to focus on representations ofbeliefs,which are widely taken to be among the most central and basic theory of mind representations. Representations ofknowledge, by contrast, have received comparatively little attention and have often been understood as depending on prior representations of belief. After all, how could one represent someone as knowing something if one does not even represent them as believing it? Drawing on a wide range of methods across cognitive science, (...) we ask whether belief or knowledge is the more basic kind of representation. The evidence indicates that nonhuman primates attribute knowledge but not belief, that knowledge representations arise earlier in human development than belief representations, that the capacity to represent knowledge may remain intact in patient populations even when belief representation is disrupted, that knowledge (but not belief) attributions are likely automatic, and that explicit knowledge attributions are made more quickly than equivalent belief attributions. Critically, the theory of mind representations uncovered by these various methods exhibits a set of signature features clearly indicative of knowledge: they are not modality-specific, they are factive, they are not just true belief, and they allow for representations of egocentric ignorance. We argue that these signature features elucidate the primary function of knowledge representation: facilitating learning from others about the external world. This suggests a new way of understanding theory of mind – one that is focused on understanding others' minds in relation to the actual world, rather than independent from it. (shrink)

At his death in 1945, the influential German philosopher Ernst Cassirer left manuscripts for the fourth and final volume of his magnum opus, _The Philosophy of Symbolic Forms_. John Michael Krois and Donald Phillip Verene have edited these writings and translated them into English for the first time, bringing to completion Cassirer's major treatment of the concept of symbolic form. Ernst Cassirer believed that all the forms of representation that human beings use—language, myth, art, religion, history, science—are symbolic, (...) and the concept of symbolic forms was the basis of his thinking on these subjects. In this volume, which contains one text written in 1928 and another in about 1940, Cassirer presents the metaphysics that is implicit in his epistemology and phenomenology of culture. The earlier text grounds the philosopher's conception of symbolic forms on a notion of human nature that makes a general distinction between Geist and life. In the later text, he discusses Basis Phenomena, an original concept not mentioned in any of his previous works, and he compares his own viewpoint with those of other modern philosophers, notably Bergson and Heidegger. (shrink)

This paper presents an argument against A D Smith’s Direct Realist theory of perception, which attempts to defend Direct Realism against the argument from illusion by appealing to conscious perceptual states that are structured by the perceptual constancies. Smith’s contention is that the immediate objects of perceptual awareness are characterised by these constancies, which removes any difficulty there may be in identifying them with the external, or normal, objects of awareness. It is here argued that Smith’s theory does not provide (...) an adequate defence of Direct Realism because it does not adequately deal with the difficulties posed by the possibility of perceptual illusion. It is argued that there remain possible illusory experiences where the immediate objects of awareness, which in Smith’s account are those characterised by perceptual constancies, cannot be identified with the external objects of awareness, contrary to Direct Realism. A further argument is offered to extend this conclusion to all non-illusory cases, by adapting an argument of Smith’s own for the generalising step of the Argument from Illusion. The result is that Smith’s theory does not provide an adequate Direct Realist account of the possibility of perceptual illusion. (shrink)

Perfect Paperbount Trim: 6 X 9 Text throught No halftones, No bleeds Update Print/Year line to read for year 2001, 6th printing.

Remarkable in the range that it covers, The Possibilities of Sense testifies to an equally remarkable philosopher. In essays on ethics and thephilosophy of religion, on literature and education, the contributors displaynot only the breadth of D.Z. Phillips's work but also its power. This powercomes largely from Ludwig Wittgenstein, whose significance as a moral and religious philosopher rivals his reputation as a philosopher of language.

A primary goal of clinical practice is to respect patient autonomy. To promote this goal for patients who have lost the ability to make their own decisions, commentators recommend that surrogates make their treatment decisions based on the substituted judgment standard. This standard is commonly interpreted as directing surrogates to make the decision the patient would have made in the circumstances, if the patient were competent. However, recent commentators have argued that this approach—attempting to make the decision the patient would (...) have made if competent—is theoretically problematic, practically infeasible, and ignores the interests of the patient9s family and loved ones. These commentators conclude that the substituted judgment standard should be revised significantly, or abandoned altogether. While this response would avoid the cited problems, it also would require substantial changes to clinical practice and would raise significant problems of its own. The present paper thus considers the possibility that the criticisms do not point to problems with the substituted judgment standard itself; instead, they point to problems with the way it is most commonly interpreted. This analysis suggests that the substituted judgment standard need not be dramatically revised or abandoned. Instead, it should be interpreted in a way that effectively promotes respect for the autonomy of incompetent patients. The ‘endorsed life’ interpretation described here helps clinicians and surrogates to achieve this important goal. To clarify this approach, we explain how it differs from three other recently proposed alternatives to the standard interpretation of the substituted judgment standard. (shrink)

In the recent literature on the nature of sound, there is an emerging consensus rejection of what might be thought of as the scientifically informed commonsense position: that sounds, whatever else they may be, must be entities that mediate between the source of the sound and the subject hearing it. This paper offers an argument for such "medial" theories of sound. This argument is intended to shift attention from the two considerations that have dominated the debate thus far: the relevant (...) scientific facts about audition and the spatial phenomenology of auditory experience. (shrink)

In this paper I consider the merits and motivations for eliminativist error theories of absence causation, such as those offered by Beebee, Varzi, and Mumford. According to such views, there is no causation by absence. Here I argue that, despite of- fering an alternative picture of the practice of citing absences as causes, these views are inadequately motivated. I consider and reject a range of arguments for error-theoretic approaches, including appeals to ontological economy, physicalism and the causal clo- sure of (...) the physical, as well as Mumford’s recent appeal to soft Parmenideanism. I also argue that the arguments in the literature which aim to show that causation by absence is conceptually problematic are less forceful than they might initially appear. The result is that there is no compelling reason yet why we should reject absence causation. (shrink)

While explaining a large proportion of any variance, accounts of the speed and accuracy of targetting movements use techniques (e.g., log transforms) that typically reduce variability before ''explaining'' the data. Therefore the predictive power of such accounts are important. We consider whether Plamondon's model can account for kinematics of targetting movements of clinical populations.

In this paper I consider the relationship between the spatial properties of visual perceptual experience and the sense-datum inference. I argue that the sense datum inference should be accepted if spatial properties are not merely intentionally present in such experiences. This result serves to underline the seriousness of the difficulties that are presented to direct realism by a particular class of illusory spatial experiences based on the geometry of visual perceptual experience. In light of these considerations I argue that it (...) is a constraint on direct realism that the underlying spatial character of visual perceptual experiences must be the same as that of the physical world. (shrink)

The essays in this book, by a variety of leading Augustine scholars, examine not only Augustine's multifaceted philosophy and its relation to his epoch-making theology, but also his practice as a philosopher, as well as his relation to other philosophers both before and after him. Thus the collection shows that Augustine's philosophy remains an influence and a provocation in a wide variety of settings today.

Although fair trade has grown exponentially in the U.S. in recent years, we do not have a clear understanding of why small U.S. firms choose to participate in it. To answer this question, we use a qualitative case study approach and grounded theory analysis to explore the motivations of 35 small fair trade businesses. We find that shared values and the desire to help others, often triggered by a critical incident, lead social entrepreneurs to found and sustain fair trade businesses. (...) The relationship between shared values and engagement in fair trade and the relationship between altruism and engagement in fair trade are strengthened by four motivating factors: direct relationships with producers, support for social causes, the desire for the preservation of craftsmanship, and the desire to share aesthetic products. These links are strengthened by four facilitating factors : the acquisition of business knowledge, family member involvement in the firm, assistance from faith communities, and assistance from the fair trade community. Additional analysis reveals three types of fair trade social entrepreneurs: “ethics first” entrepreneurs, primarily motivated by human rights and social justice concerns; “faith first” fair traders, motivated primarily by their religious faith; and “business first” businesspeople, motivated by what they perceive to be an opportunity to build a successful business while simultaneously doing “good” and helping others. (shrink)

Breaking new ground in Sarraute studies, John Phillips reads the novels and plays of Nathalie Sarraute in a hitherto largely neglected critical perspective. Through a detailed analysis of textual metaphors, he demonstrates that Sarraute's writing is informed and inspired by an intensely personal set of desires. Unlike previous criticism, which has stressed the formal aspects of the writing to the exclusion of the psychological, this study exploits contemporary psychoanalytic and feminist theory to expose an unconscious feminine dimension which the (...) author herself has never recognized. (shrink)

For more than 30 years and until his death in 2004 Jacques Derrida remained one of the most influential contemporary philosophers. It may be difficult to evaluate what forms his heritage will take in the future but _Derrida Now_ provides some provocative suggestions. Derrida’s often-controversial early reception was based on readings of his complex works, published in journals and collected in books. More recently attention has tended to focus on his later work, which grew out of the seminars that he (...) presented each year in France and the US. The full texts of these seminars are now the subject of a major publication project, to be produced over the next ten years. _Derrida Now_ presents contemporary articles based on or around the study of Derrida. It provides a critical introduction to Derrida’s complex and controversial thought, offers careful analysis of some of his most important concepts, and includes essays that address the major strands of his thought. Derrida’s influence reached not only into philosophy but also into other fields concerned with literature, politics, visual art, law, ecology, psychoanalysis, gender and sexuality and this book will appeal to readers in all these disciplines. Contributors include Peggy Kamuf, Geoff Bennington, Sarah Wood, Roy Sellars, Graham Allen, and Irving Goh. (shrink)

This paper identifies three claims that feature prominently in recent discussions concerning the experience of silence: that experiences of silence are the most “negative” of perceptions, that we do not hear silences because those silences cause our experiences of silence, and that to hear silence is to hear a temporal region devoid of sound. The principal proponents of this approach are Phillips and Soteriou, and here I present a series of objections to common elements of their attempts to place these (...) three claims within an account of experience of silence. The final section of the paper returns to the first of the three claims and argues that, in fact, there is no good reason to accept it as initially formulated. However, when properly formulated, the claim ceases to offer support for Phillips’s and Soteriou’s approach to experience of silence. (shrink)

Objective probability, or objective chance, is the probability of some event occurring in the future independent of what anyone thinks. This paper presents and defends a theory of objective chance. I develop an informal analysis of objective chance, taking the common sense picture underlying our talk about the likelihood of future events as our starting point. A formal semantics is introduced, and I argue that the theory presented satisfies certain criteria of adequacy for a theory of probability.

This introductory article explains the theme of this book, which is about political theory. It evaluates the impact of literature that proved especially influential in framing debate through the last decades of the twentieth century and opening years of the twenty-first and examines the historical work on political thought. It describes the combination of concerns that runs through the work of John Rawls, Ronald Dworkin, and the liberal egalitarian tradition and identifies areas of debate that have proved particularly fruitful (...) over the last thirty years. It analyses political theory from a global perspective and discusses body politic. (shrink)

In this interview Samuel Weber proposes a rethinking of the relation of secrecy to transparency and outlines some of the forms it takes, while considering certain of its implications for current social, political and epistemological contexts. He begins by questioning the opposition itself, suggesting that we will have to learn to be more at home with the secret and that the demand for transparency must be radically rethought and complicated. He argues that the demand for absolute transparency can only promote (...) and obscure the process by which the ‘secret’ is placed in the service of private appropriation. As the emotional experience of the relation between transparency and secrecy reflects the historically specific traditions that constitute the sense of self, then it is that sense that should be ‘opened up to its irreducible heterogeneity’. (shrink)

How far does a researcher’s responsibility extend when an incidental finding is identified? Balancing pertinent ethical principles such as beneficence, respect for persons, and duty to rescue is not always straightforward, particularly in neuroimaging research where empirical data that might help guide decision making are lacking. We conducted a systematic survey of perceptions and preferences of 396 investigators, research participants, and Institutional Review Board members at our institution. Using the partial entrustment model as described by Richardson, we argue that our (...) data supports universal reading by a neuroradiologist of all research MRI scans for incidental findings and providing full disclosure to all participants. (shrink)

This anthology contains twelve papers on various aspects of Platonism, ranging from Plato's Republic to the Neoplatonism of Plotinus, Iamblichus, Proclus and Hermias, to the use of Platonic philosophy by Cudworth and Schleiermacher. The papers cover topics in ethics, psychology, religion, poetics, art, epistemology, and metaphysics.

In this paper I argue that holes are not objects, but should instead be construed as properties or relations. The argument proceeds by first establishing a claim about angles: that angles are not objects, but properties or relations. It is then argued that holes and angles belong to the same category, on the grounds that they share distinctive existence and identity conditions. This provides an argument in favour of categorizing holes as one categorizes angles. I then argue that a commitment (...) to the existence of properties to be identified with holes provides sufficient resources to account for true claims about holes. (shrink)

Your God is Too Small is a groundbreaking work of faith, which challenges the constraints of traditional religion. In his discussion of God, author J.B. Phillips encourages Christians to redefine their understanding of a creator without labels or earthly constraints and instead search for a meaningful concept of God. Phillips explains that the trouble facing many of us today is that we have not found a God big enough for our modern needs. In a world where our experience of life (...) has grown in myriad directions and our mental horizons have been expanded to the point of bewilderment by world events and scientific discoveries, our ideas of God have remained largely static. This inspirational work tackles tough topics and inspires readers to reevaluate and connect more deeply with a God that is relevant to current experience and big enough to command respect and admiration. (shrink)