Legal humanism has become deeply entrenched in most modern works on European legal history from the 17th century onwards and has been accepted with such blind faith by many modern scholars that few have challenged it. As a result, it has been used to substantiate larger claims about the deathof Roman law, the separation between the golden age of a pan-European medieval ius commune and the fragmented reception of Roman law into the nation states of Europe, and the relevance of (...) 'dogmatic' Roman law as opposed to 'antiquarian' Roman law.Now, the traditional grand narratives of European legal history have begun to be questioned, to the extend that the nature and legacy of legal humanism now deserve closer scrutiny. Building on the groundbreaking work by Douglas Osler, who has been critical of the traditional narratives, this volumeinterrogates the orthodox views regarding legal humanism and its legacy. Fundamentally reassessing the nature and impact of legal humanism on the narratives of European legal history, this volume brings together the foremost international experts in related fields of legal and intellectual history to debate the central issues. (shrink)

Epigenetic research has brought several important technological achievements, including identifying epigenetic clocks and signatures, and developing epigenetic editing. The potential military applications of such technologies we discuss are stratifying soldiers’ health, exposure to trauma using epigenetic testing, information about biological clocks, confirming child soldiers’ minor status using epigenetic clocks, and inducing epigenetic modifications in soldiers. These uses could become a reality. This article presents a comprehensive literature review, and analysis by interdisciplinary experts of the scientific, legal, ethical, and societal issues (...) surrounding epigenetics and the military. Notwithstanding the potential benefit from these applications, our findings indicate that the current lack of scientific validation for epigenetic technologies suggests a careful scientific review and the establishment of a robust governance framework before consideration for use in the military. In this article, we highlight general concerns about the application of epigenetic technologies in the military context, especially discrimination and data privacy issues if soldiers are used as research subjects. We also highlight the potential of epigenetic clocks to support child soldiers’ rights and ethical questions about using epigenetic engineering for soldiers’ enhancement and conclude with considerations for an ethical framework for epigenetic applications in the military, defense, and security contexts. (shrink)

"Biodiversity prospecting" has been touted as a mechanism for both discovering new pharmaceutical products and saving endangered ecosystems. It is unclear what values may arise from such activities, however. Evidence from transactions is incomplete and existing theoretical models are flawed. We calculate an upper bound on the value of the "marginal species." Even under favorable assumptions this bound is modest. Slightly modified assumptions lead to drastically lower estimates. We extend our findings to the value of the marginal hectare of habitat (...) and find that the incentives for habitat conservation generated by private pharmaceutical research are also, at best, very modest. (shrink)

In studying the history of the ethics of war, the just war tradition may be interpreted as a historically evolving body of tenets about just war principles. Instead of a single just war theory, there have been many just war theories—for example, those of Augustine, Aquinas, Vitoria, and Grotius—theories that have various commonalities and differences. A comprehensive history of the evolving just war tradition should feature a thorough study of how these just war theories were rethought. For example, in his (...) landmark work Just and Unjust Wars, written during the Cold War, Michael Walzer exclaimed: “Nuclear weapons explode the theory of just war.” 1 In his rethinking of the just war tradition in light of the superpower practice of nuclear deterrence, he contributed his influential conception of supreme emergency exceptions. Now that the Cold War is over, the authors of the articles in this book are primarily concerned with the question of how the just war tradition—which is understood somewhat differently by the different authors—should be rethought today. Echoing Walzer’s exclamation, among the particular post–Cold War questions that can be raised are these: Is just war theory exploded by terrorism? Is it annihilated by genocide? In their various rethinkings of the just war tradition, our authors state their own particular post–Cold War questions, and answer them from their diverse viewpoints... (shrink)

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This interdisciplinary collection of essays highlights the relevance of Buddhist doctrine and practice to issues of globalization. From philosophical, religious, historical, and political perspectives, the authors show that Buddhism—arguably the world’s first transnational religion—is a rich resource for navigating todays interconnected world.

First published in 1942, Reflections documents the life of John Henry Muirhead and the philosophical age that he observed. The first part of the volume derives from Muirhead’s own autobiographical narrative, left unfinished when he died in May 1940. The second part features two final chapters written by John W. Harvey that comprehensively record the final stages of Muirhead’s life. Harvey’s chapters incorporate Muirhead’s unfinished final years of commentary and begin at the man’s retirement from Birmingham Chair in (...) 1921. As a student and teacher of philosophy, Muirhead’s life ran almost precisely parallel to what he himself refers to as ‘one of the most vivid and important movements in British and American philosophy’. He came into contact with some of the age’s primary thinkers and as such, his own autobiography is important in providing an insight into his contemporary philosophical environment. (shrink)

Seldom does human reasoning fit the standards of deduction. Yet logicians have tended to use the strict standards of deductive validity for assessing all inferences. _Within Reason_ develops instead a way of assessing arguments and inferences that is directly appropriate to the non-deductive forms people regularly use. It uses analogy, and argument from analogy, to provide a thread that unites various forms: raising objections, inductions of various sorts, arguments to explanation, and arguments to action. The discussion is developed progressively, at (...) each stage building on the skills learned previously. And at each stage the book suggetss ways of assessing the strength of reasoning. Most of the examples are taken from the great texts of the Western tradition. In the exercises that form an integral part of each chapter an even broader range of writing is presented, offering instructors an extraordinary variety of texts at various levels ot assign to their students. The thesis implicit in the book is that induction, arguments to explanation and arguments to action are all sophisticated forms of arguments from analogy. Burbidge is concerned not simply to warn against the misuse of non-deductive reasoning but also to develop a more positive theory that allows us both to better udnerstand the workings of non-deductive reasoning, and to better employ it. (shrink)

John Carroll undertakes a careful philosophical examination of laws of nature, causation, and other related topics. He argues that laws of nature are not susceptible to the sort of philosophical treatment preferred by empiricists. Indeed he shows that emperically pure matters of fact need not even determine what the laws are. Similar, even stronger, conclusions are drawn about causation. Replacing the traditional view of laws and causation requiring some kind of foundational legitimacy, the author argues that these phenomena are (...) inextricably intertwined with everything else. This distinctively clear and detailed discussion of what it is to be a law will be valuable to a broad swathe of philosophers in metaphysics, the philosophy of mind, and the philosophy of science. (shrink)

The essays reflect Locke's position as a polymath and recontextualise his ideas through the juxtaposition of various academic approaches.

This book addresses one of the fundamental topics in philosophy: the relation between appearance and reality. John Yolton draws on a rich combination of historical and contemporary material, ranging from the early modern period to present-day debates, to examine this central philosophical preoccupation, which he presents in terms of distinctions between phenomena and causes, causes and meaning, and persons and man. He explores in detail how Locke, Berkeley and Hume talk of appearances and their relation to reality, and offers (...) illuminating connections and comparisons with the work of contemporary philosophers such as Paul Churchland and John McDowell. He concludes by offering his own proposal for a 'realism of appearances', which incorporates elements of both Humean and Kantian thinking. His important study will be of interest to a wide range of readers in the history of philosophy, the history of ideas, and contemporary philosophy of mind, epistemology and metaphysics. (shrink)

This book has been considered by academicians and scholars of great significance and value to literature. This forms a part of the knowledge base for future generations. So that the book is never forgotten we have represented this book in a print format as the same form as it was originally first published. Hence any marks or annotations seen are left intentionally to preserve its true nature.

John Carroll undertakes a careful philosophical examination of laws of nature, causation, and other related topics. He argues that laws of nature are not susceptible to the sort of philosophical treatment preferred by empiricists. Indeed he shows that emperically pure matters of fact need not even determine what the laws are. Similar, even stronger, conclusions are drawn about causation. Replacing the traditional view of laws and causation requiring some kind of foundational legitimacy, the author argues that these phenomena are (...) inextricably intertwined with everything else. This distinctively clear and detailed discussion of what it is to be a law will be valuable to a broad swathe of philosophers in metaphysics, the philosophy of mind, and the philosophy of science. (shrink)

If these realignments in philosophy are to produce an understanding of man and his world, three main areas must be reexamined. Philosophers must offer an account of the context of human action, an account of the cognitive processes of man, and an account of the evaluative reaches of man's reactions to his context. Contemporary phenomenology constitutes the only concerted effort to cover all three of these domains, although even it is stronger on ontology and epistemology than on value theory. Sartre (...) has tried to see the evaluative reaches of man in the context of ontology, and Gabriel Marcel has been much concerned with the emergence of ethical and value attitudes from action. H. G. Bugbee seeks to survey the alternatives to the traditional empirical approaches; he does so from a point of view markedly phenomenological, influenced somewhat by Marcel but developed independently under dissatisfaction with the current modes of philosophizing. (shrink)

Professors Murphy and Choi use postmodern philosophy to expose an important source of racism and cultural domination. The metaphysics of domination is examined, along with institutions based on this foundation which they regard as repressive. Postmodernism is shown to be useful in conceptualizing and implementing a pluralistic polity.

When the Senate released its so-called "Torture Report" in December 2014 the world would learn that, for years, the CIA had used unimaginably brutal methods to interrogate its prisoners - often without yielding any useful or truthful information. The agency had long and adamantly defended its use of torture, staunchly arguing that it was not only just but necessary for the country's safety. And even amid the revelations of the report, questions abound about whether torture can be considered a justifiable (...) tool of national security. Is interrogational torture an effective method of extracting information? How good does the information extracted need to be for the torture to be considered successful? How often or how vigorously must torture be used to achieve valuable information? It may be the case that interrogational torture can never be justified under any circumstances, but, according to John Schiemann, if it is to be justified at all, it must be effective. According to more than one national poll, most Americans do believe that torture can work, and that it can be justified under certain circumstances. But if the information that torturers extract is bad, then the method amounts to nothing more than pure sadism. So, how can we solve the dilemma over whether to torture or not to torture? In this book, John Schiemann takes a truly unique approach to the question of torture: game theory. Thinking of torture as a "game" played between an interrogator and a detainee, the book walks the reader through the logic of interrogational torture, comparing the outcomes to the claims made by torture proponents. The book draws on a wide variety of sources ranging from records of the Inquisition to secret CIA memos to trace this logic, illustrating each outcome of the model with a narrative from the real world of interrogational torture. Does Torture Work? is an absorbing and provocative take on one of the most discussed human rights and security dilemmas of our time. (shrink)

John Burbidge shows that, far from incorporating everything into an all-consuming necessity, Hegel's philosophy requires the novelty of unexpected contingencies to maintain its systematic pretensions. To know without fear of failure is to expect that experience will confound our confident claims to knowledge. And the universal character of all life involves acting, discovering what happens as a result, and incorporating both intention and result into a new comprehensive understanding. Burbidge explores how Hegel applied this approach when he turned from (...) his logic to chemistry, biology, psychology and history, and suggests how a Hegelian might function within the changed circumstances of contemporary science. (shrink)