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and Modern Philosophy, Dewey argues that modern philosophy is anything but; instead, it retains the baggage of outdated and misguided philosophical traditions and dualisms carried forward from Greek and medieval traditions.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)

This book, the first of its kind, surveys the career of the renowned Australian-German theatre and opera director Barrie Kosky. Its nine chapters provide multidisciplinary analyses of Barrie Kosky’s working practices and stage productions, from the beginning of his career in Melbourne to his current roles as Head of the Komische Oper Berlin and as a guest director in international demand. Specialists in theatre studies, opera studies, musical theatre studies, aesthetics, and arts administration offer in-depth accounts of Kosky’s unusually wide-ranging (...) engagements with the performing arts – as a director of spoken theatre, operas, musicals, operettas, as an adaptor, a performer, a writer, and an arts manager. Further, this book includes contributions from theatre practitioners with first-hand experience of collaborating with Kosky in the 1990s, who draw on interviews with members of Gilgul, Australia’s first Jewish theatre company, to document this formative period in Kosky’s career. The book investigates the ways in which Kosky has created transnational theatres, through introducing European themes and theatre techniques to his Australian work or through bringing fresh voices to the national dialogue in Germany’s theatre landscape. An appendix contains a timeline and guide to Kosky’s productions to date. (shrink)

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)

This book examines Proclus' doctrine of evil in light of the tradition of exegesis of Plato's treatment of evil within the schools of ancient Platonism, from ...

Neoplatonic Exegeses of Plato's Cosmogony JOHN F. PHILLIPS AMONG THE MANY CONTROVERSIES to which the long history of interpretation of Plato's Timaeus has given rise, that concerning the eternity of the cosmos is one of the most enduring and complex, and the source of almost continuous debate from the time of Xenocrates to the present. The importance to all Platonists of a doctrinally consistent answer to the question of whether or not the universe had a beginning in time is (...) made amply clear in the statement attributed to Iamblichus by Proclus that proper understand- ing of the creation of the world is crucial for the entire theory of Nature. Iamblichus here refers obliquely to the orthodox Platonist position that the universe is not a temporal being subject to decay and destruction. The princi- pal problem for all of them, of course, was that, taken literally, Plato's account of the creation in the Timaeus, particularly the passage 27C-a8C, appears to be an unequivocal affirmation of a temporal beginning to the cosmos. Espe- cially troublesome was Plato's use of the verb y~yovev in Timaeus 28b 7, which seems to be an explicit claim for an &QX1] in time. That this passage did indeed refer to a temporal beginning was a point that was made repeatedly and forcefully by the chief opponents of the Platonists on this issue, the Peripa- tetics, who, following Aristotle, read the Timaeus creation account literally.' To.. (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.

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 study reconsiders Denis O'Brien's controversial thesis that it was Plotinus' position that the 'partial' soul generates matter. O'Brien relies principally on two core texts, 3.4 .1 and 3.9 .3, where he finds convincing evidence for his thesis. In the present study I take two approaches. First, I demonstrate that if we accept O'Brien's thesis, then we are compelled to accept as well that Plotinus is guilty of self-contradiction in his doctrine of soul's descent. Secondly, I offer a different interpretation (...) of what Plotinus has in mind as the source of matter's generation in 3.4.1 and 3.9.3. In several passages Plotinus states that the product of the partial soul's creative activity is the "trace" of soul that, in turn, combines with matter to form the 'qualified body.' I argue that it is this trace-soul, not matter, that Plotinus is referring to in these texts. (shrink)

For almost 10 years, the Business Ethics Index (BEI) has measured consumers’ perceptions of business ethical behavior in the USA and numerous other countries. This article expands the BEI to five Latin American countries (Brazil, Bolivia, Mexico, Argentina, and Colombia). The BEI of Argentina and Bolivia were similar in magnitude to the USA, whereas those for Brazil, Colombia, and Mexico were distinctly higher. The component sub-indices showed divergent patterns. The major ethical concerns for Brazil and Bolivia concerned service, whereas Mexico (...) and Argentina complained about overpricing. (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.

Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 51 major international scholars, the Oxford Handbook of Political Theory provides the key point of reference for anyone working in political theory and beyond.

We generalize an observation made by Goldblatt in "Diodorean modality in Minkowski spacetime" by proving that each -dimensional integral spacetime frame equipped with Robb's irreflexive `after' relation determines a unique temporal logic. Our main result is that, unlike -dimensional spacetime where, as Goldblatt has shown, the Diodorean modal logic is the same for each frame , in the case of -dimensional integral spacetime, the frame determines a unique Diodorean modal logic.

Charles Taylor identifies a close connection between morality and politics, noting that much confusion arises from poorly understood, and sometimes clearly mistaken, moral ontologies. Together with fellow communitarians and civic-republicans, Taylor argues that the rights-based judicial review of legislation rests upon a fundamentally mistaken Rawlsian/Kantian moral ontology. While accepting Taylor’s critique of Rawls’ moral ontology and its questionable ability to defend judicial review, I develop an alternative reading of judicial review relying on insightful new work by Wilfrid Waluchow. I conclude (...) that if we accept Waluchow’s common- law conception of the judicial review, there is good reason for Taylor to reject some of his deprecating comments about judicial review. I further suggest that a common-law conception of the judicial review may be amicable to the larger Communitarian and Civic-republican project. (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)

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)

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)

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 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 argue that the theory that holes are immaterial objects faces an objection that has traditionally been thought to be the principal difficulty with its main rival, which construes holes as material parts of material objects. Consequently, one of the principal advantages of identifying holes with immaterial objects is illusory: its apparent ease of accounting for truths about number of holes. I argue that in spite of this we should not think of holes as material parts of (...) material objects. This is because the theory that holes are properties does not face the same difficulties as either of these theories that construe holes as objects of some sort. (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.

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)

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)

The 1962 publication of J. H. Waszink's edition of Calcidius' commentary on Plato's "Timaeus" focussed attention on the question of Calcidius' source for a group of chapters where he presents an interpretation of Plato's account of the creation of soul. I discuss three attempts to answer this question: that of Waszink himself, who argues that the source is Porphyry who was here influenced by the Neopythagorean/Platonist Numenius, that of J. M. Van Winden, who claims Numenius as the direct source, and (...) that of Werner Deuse, who offers reasons for excluding Numenius as either directly or indirectly responsible. I show the weakness of Deuse's critique, but then argue that neither Waszink nor Van Winden has given sufficient consideration to the possibility that Plotinus, either alone or through Porphyry as intermediary, is behind Calcidius' interpretation, where the doctrines of the unity of the soul and of a higher soul that does not descend, both characteristic of Plotinus' psychology, are prominent. However, there is an important but uniformly overlooked feature of this exegesis that rules out both Plotinus and Porphyry as possible sources. This leaves Numenius as the only serious candidate. If, then, the origin of the doctrines of the unity of the soul and of the undescended higher soul can be traced to the work of Numenius, there is the strong possibility that in his formulation of these same doctrines Plotinus was indebted to Numenius. (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.