Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the (...) expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. (shrink)

Published one year after Forget Foucault, In the Shadow of the Silent Majorities may be the most important sociopolitical manifesto of the twentieth century: it calls for nothing less than the end of both sociology and politics. Disenfranchised revolutionaries hoped to reach the masses directly through spectacular actions, but their message merely played into the hands of the media and the state. In a media society meaning has no meaning anymore; communication merely communicates itself. Jean Baudrillard uses this last outburst (...) of ideological terrorism in Europe to showcase the end of the "Social." Once invoked by Marx as the motor of history, the masses no longer have sociological reality. In the electronic media society, all the masses can do--and all they will do--is enjoy the spectacle. In the Shadow of the Silent Majorities takes to its ultimate conclusion the "end of ideologies" experienced in Europe after the Soviet invasion of Hungary and the death of revolutionary illusions after May 1968. Ideological terrorism doesn't represent anything anymore, writes Baudrillard, not even itself. It is just the last hysterical reaction to discredited political illusions. (shrink)

We defend a view of the distinction between the normal and the pathological according to which that distinction has an objective, biological component. We accept that there is a normative component to the concept of disease, especially as applied to human beings. Nevertheless, an organism cannot be in a pathological state unless something has gone wrong for that organism from a purely biological point of view. Biology, we argue, recognises two sources of biological normativity, which jointly generate four “ways of (...) going wrong” from a biological perspective. These findings show why previous attempts to provide objective criteria for pathology have fallen short: Biological science recognizes a broader range of ways in which living things can do better or worse than has previously been recognized in the philosophy of medicine. (shrink)

ABSTRACTThis contribution investigates the mystical anthropology of two important and related medieval mystics, William of Saint-Thierry and Hadewijch, neither of whom were well known in their own day, but who have come to the fore of scholarly attention in recent years. In the first part, the authors explore the Trinitarian theology of William of Saint-Thierry and the ways in which it provides the foundation for his mystical anthropology. William radically argues that the human soul is structured according to the pattern (...) of the Trinitarian life, and advocates a reciprocal and mutual encounter between the soul and God in which each touch and pass over into one another, becoming one Spirit. In the 13th century, Hadewijch would draw on William’s fundamental insights, integrating them into her own mystical-theological thought. Following her theoretical reflections on the nature of the soul, and unlike her contemporaries in the Schools, Hadewijch maintains that the soul has the natural potential to be united with God without a created intermediary, and that in mystical union, the soul becomes God in love. (shrink)

The theme of the 10th Annual Research Ethics Conference organized by the Uganda National Council for Science and Technology (2018) was “Evolution of Research Ethics in Uganda and the Region: Past, Present and Future”. We were asked to address the topic: “The History of CIOMS and the recent changes in the international ethics guidelines: implications for local research”. The thrust of the conference was to track progress in ensuring ethical conduct of research, highlight challenges encountered, and to propose strategies for (...) effective and meaningful implementation of international ethical guidelines in local contexts. Consequently, the purpose of this paper is to comment on the implications of the history of CIOMS ethical guidelines and suggest strategies for their effective and meaningful implementation in the East African region, and perhaps the whole of Sub‐Saharan Africa. Inferring from the ‘evolutionary’, ‘flexible’, and ‘general’ nature of the CIOMS guidelines, we proposed a six‐point strategy for ensuring their effective and meaningful implementation in local contexts. This strategy is in the form of obligations for local research regulators and researchers, the fulfillment of which will go a long way towards their smooth and meaningful implementation in local contexts. These obligations are: ensuring evidence‐based adaptation of each individual guideline; ensuring sufficiently judicious and motivated RECs membership; acting proactively to ensure harmony between bioethics and local legal regimes; cultivating a ‘bioethics culture’ among the public; moving towards regional bioethics governance; and playing an active and meaningful role in future revisions of these guidelines. (shrink)

In this essay, we consider the formal and ontological implications of one specific and intensely contested dialectical context from which Deleuze’s thinking about structural ideal genesis visibly arises. This is the formal/ontological dualism between the principles, ἀρχαί, of the One (ἕν) and the Indefinite/Unlimited Dyad (ἀόριστος δυάς), which is arguably the culminating achievement of the later Plato’s development of a mathematical dialectic.3 Following commentators including Lautman, Oskar Becker, and Kenneth M. Sayre, we argue that the duality of the One and (...) the Indefinite Dyad provides, in the later Plato, a unitary theoretical formalism accounting, by means of an iterated mixing without synthesis, for the structural origin and genesis of both supersensible Ideas and the sensible particulars which participate in them. As these commentators also argue, this duality furthermore provides a maximally general answer to the problem of temporal becoming that runs through Plato’s corpus: that of the relationship of the flux of sensory experiences to the fixity and order of what is thinkable in itself. Additionally, it provides a basis for understanding some of the famously puzzling claims about forms, numbers, and the principled genesis of both attributed to Plato by Aristotle in the Metaphysics, and plausibly underlies the late Plato’s deep considerations of the structural paradoxes of temporal change and becoming in the Parmenides, the Sophist, and the Philebus. After extracting this structure of duality and developing some of its formal, ontological, and metalogical features, we consider some of its specific implications for a thinking of time and ideality that follows Deleuze in a formally unitary genetic understanding of structural difference. These implications of Plato’s duality include not only those of the constitution of specific theoretical domains and problematics, but also implicate the reflexive problematic of the ideal determinants of the form of a unitary theory as such. We argue that the consequences of the underlying duality on the level of content are ultimately such as to raise, on the level of form, the broader reflexive problem of the basis for its own formal or meta-theoretical employment. We conclude by arguing for the decisive and substantive presence of a proper “Platonism” of the Idea in Deleuze, and weighing the potential for a substantive recuperation of Plato’s duality in the context of a dialectical affirmation of what Deleuze recognizes as the “only” ontological proposition that has ever been uttered. This is the proposition of the univocity of Being, whereby “being is said in the same sense, everywhere and always,” but is said (both problematically and decisively) of difference itself. (shrink)

Experimental memory research has traditionally focused on the individual, and viewed social influence as a source of error or inhibition. However, in everyday life, remembering is often a social activity, and theories from philosophy and psychology predict benefits of shared remembering. In a series of studies, both experimental and more qualitative, we attempted to bridge this gap by examining the effects of collaboration on memory in a variety of situations and in a variety of groups. We discuss our results in (...) terms of a functional view of collaborative remembering, and consider when and in what ways remembering with others might help or hinder memory. (shrink)

The bereaved Christian faces not only the difficult task of grief, but also the morally charged evaluations of the grief process: whether it should be fast or slow, whether God is necessary or unhelpful, and whether grief is “proper” for Christians in light of their call to “not grieve as others do who have no hope”.1 This article showcases these tensions involved in defining a “proper” Christian approach to grief, retrieves resources born in the engagement of similarly problematic tensions in (...) the field of grief theory, and conscripts these resources in order to read the book of Job through a new lens, which relieves some of the tensions which arise in Christian considerations of grief. In sum, Christians commonly read the book of Job through the “stage model” of grief –- as if Job's experience throughout the book conforms to and requires a logically sequential grief-progress. Conversely, a “trajectory model” of grief, a new advancement in grief theory, opens the door for reading each pericope in Job as supplying a unique and independently legitimate path for grief that does not require any preceding or subsequent stages. In the same way that Job accommodates these variegated trajectories of grief, so also the Christian faith entertains equally legitimate grief trajectories, each appropriate for the various felt needs of the bereaved. (shrink)

Barkdull examines the land ethic in the contexts of just war theory, economic liberalism, and international environmental law, offering a new outlook for the behavior of states in matters affecting ecosystems.

In this article, seven strategies for dealing with cross-cultural ethical conflict are described. Conflict situations are classified on the basis of centrality and consensus on the values involved, influence of the decision maker, and urgency. A contingency model suggests appropriate strategies for different situations. The model is applied to representative cases of cross-cultural ethical conflict.

This is a collection in translation of essays by Paul Ricoeur which presents a comprehensive view of his philosophical hermeneutics, its relation to the views of his predecessors in the tradition and its consequences for the social sciences. The volume has three parts. The studies in the first part examine the history of hermeneutics, its central themes and the outstanding issues it has to confront. In Part II, Ricoeur's own current, constructive position is developed. A concept of the text (...) is formulated as the implications of the theory are pursued into the domains of sociology, psychoanalysis and history. Many of the essays appear here in English for the first time; the editor's introduction brings out their background in Ricoeur's thought and the continuity of his concerns. The volume will be of great importance for those interested in hermeneutics and Ricoeur's contribution to it, and will demonstrate how much his approach offers to a number of disciplines. (shrink)

Culture and Enlightenment are the two words that best characterise the essence of György Markus's career, in whose honour this book is published. Markus devoted the last twenty years of research towards a theory of cultural objectivations and their pragmatics, and the great depth of his knowledge of the history of culture and philosophy informs all his teaching and writing. The pursuit of Enlightenment ideals attains reflective self-consciousness in Markus' works; forged in the knowledge of its own historicity, of the (...) embeddedness of rationalities in culture and in an awareness of the paradoxes that cling to the conscious affirmation of ideals which are no longer self evident or beyond questioning. In taking up the challenge of these paradoxes, Markus spans the whole history of modern philosophy and culture with a matchless authority.This book draws together contributions from leading figures in contemporary philosophy, who are also friends, colleagues and former students of György Markus. The book is divided into two sections: the first presents critical assessments of various aspects of Markus' wide-ranging works; the second presents contributions in celebration of his influence and his wide interests. In their critical assessment of Markus' work and in the demonstration of his influence, the contributors hope to convey something of the breadth and something of the excitement of doing philosophy in the company of György Markus. (shrink)

This volume includes all Dewey's writings for 1938 except for Logic: The Theory of Inquiry (Volume 12 of The Later Works), as well as his 1939 Freedom and Culture, Theory of Valuation, and two items from Intelligence in the Modern World. Freedom and Culture presents, as Steven M. Cahn points out, the essence of his philosophical position: a commitment to a free society, critical intelligence, and the education required for their advance.

Between Deleuze and Derrida is the first book to explore and compare the work of Gilles Deleuze and Jacques Derrida, two leading philosophers of French post-structuralism. This is done via a number of key themes, including the philosophy of difference, language, memory, time, event, and love, as well as relating these themes to their respective approaches to Philosophy, Literature, Politics and Mathematics. Contributors: Eric Alliez, Branka Arsic, Gregg Lambert, Leonard Lawlor, Alphonso Lingis, Tamsin Lorraine, Jeff Nealon, Paul Patton, Arkady (...) Plotnitsky, John Protevi, Daniel W. Smith. (shrink)

Conversations about the past can involve voicing and silencing; processes of validation and invalidation that shape recall. In this experiment we examined the products and processes of remembering a significant autobiographical event in conversation with others. Following the death of Australian celebrity Steve Irwin, in an adapted version of the collaborative recall paradigm, 69 participants described and rated their memories for hearing of his death. Participants then completed a free recall phase where they either discussed the event in groups of (...) three or wrote about the event on their own. Finally, participants completed the original questionnaire again, both 1 week and 1 month after the free recall phase. Discussion influenced later memories for hearing of Irwin’s death, particularly memories for emotion and shock. Qualitative analysis of the free recall phase suggested that during conversation a shared understanding of the event developed, but that emotional reactions to the event were silenced in ways that minimised the event’s impact. These findings are discussed in terms of the processes and consequences of sharing public and personal memories in conversation. (shrink)

A new translation, with scholarly notes and textual annotations based on new research into archival collections, of Wojtyla's most well-know philosophical work and related fragments, addresses, and letters.

Sumner B. (Barney) Twiss, who died in 2023, was for ten years a General Editor of the Journal of Religious Ethics (JRE). He was a frequent contributor of articles, a member of the JRE Editorial Board, and a member of the journal's Board of Trustees. In this article, colleagues and students reflect on some of his many contributions, not only to the JRE but to the broader discursive fields of comparative religious ethics and human rights.

_The Decision Between Us _combines an inventive reading of Jean-Luc Nancy with queer theoretical concerns to argue that while scenes of intimacy are spaces of sharing, they are also spaces of separation. John Paul Ricco shows that this tension informs our efforts to coexist ethically and politically, an experience of sharing and separation that informs any decision. Using this incongruous relation of intimate separation, Ricco goes on to propose that “decision” is as much an aesthetic as it is (...) an ethical construct, and one that is always defined in terms of our relations to loss, absence, departure, and death. Laying out this theory of “unbecoming community” in modern and contemporary art, literature, and philosophy, and calling our attention to such things as blank sheets of paper, images of unmade beds, and the spaces around bodies, _The Decision Between Us _opens in 1953, when Robert Rauschenberg famously erased a drawing by Willem de Kooning, and Roland Barthes published _Writing Degree Zero_, then moves to 1980 and the “neutral mourning” of Barthes’ _Camera Lucida_, and ends in the early 1990s with installations by Felix Gonzalez-Torres. Offering surprising new considerations of these and other seminal works of art and theory by Jean Genet, Marguerite Duras, and Catherine Breillat, _The Decision Between Us_ is a highly original and unusually imaginative exploration of the spaces between us, arousing and evoking an infinite and profound sense of sharing in scenes of passionate, erotic pleasure as well as deep loss and mourning. (shrink)

John Paul Lederach's work in the field of conciliation and mediation is internationally recognized. As founding Director of the Conflict Transformation Program and Institute of Peacebuilding at Eastern Mennonite University, he has provided consultation and direct mediation in a range of situations from the Miskito/Sandinista conflict in Nicaragua to Somalia, Northern Ireland, the Basque Country, and the Philippines. His influential 1997 book Building Peace has become a classic in the discipline. This new book represents his thinking and learning (...) over the past several years. He explores the evolution of his understanding of peacebuilding by reflecting on his own experiences in the field. Peacebuilding, in his view, is both a learned skill and an art. Finding this art, he says, requires a worldview shift. Conflict professionals must envision their work as a creative act - an exercise of what Lederach terms the "moral imagination.". (shrink)

According to Buddhist philosophies, recognizing the self as impermanent, changing, and interdependent is at the root of virtue. With this realization, desires shift away from inward self-cherishing and toward outward self-transcending. This altruistic outlook underlies virtuous action and flourishing. Our primary research question asks: 1) to what extent do people experience self-transcending and self-cherishing desires in everyday life, and 2) to what extent do these different desires predict behaviors and body physiology that underlie virtue and well-being. As highlighted by the (...) SMV project, one challenge involves measuring both intention and action. To overcome this challenge, we propose a multi­methodological study that will integrate first­person experiences of desires, second­person reports from close others, and third­person laboratory measures of prosocial behavior and body physiology that underlie virtue and flourishing in the context of social relationships. We will use an “experience sampling” method delivered via a smartphone app to capture psychological desires in daily life. In the laboratory, we will examine if desires in daily life are related to prosocial behavior and physiological synchrony during face-to-face social interactions with a romantic partner. Theoretically, we anticipate that integration of Buddhist philosophy into Western psychology research will encourage more emphasis on the deep psychological desires that appear to continually drive behavior. Empirically, we predict that frequent self-transcending desires in daily life will be related to prosocial behavior and physiological synchrony during interactions with romantic partners. Going forward, this project will provide the foundation for future work examining how the moral self can be shaped through contemplative practice in everyday life. (shrink)

The essays in this book engage the original and controversial claims from Michael Boylan's A Just Society. Each essay discusses Boylan's claims from a particular chapter and offers a critical analysis of these claims. Boylan responds to the essays in his lengthy and philosophically rich reply.

People live and age together in social groups. Across a range of outcomes, research has identified interdependence in the cognitive and health trajectories of ageing couples. Various types of memory decline with age and people report using a range of internal and external, social, and material strategies to compensate for these declines. While memory compensation strategies have been widely studied, research so far has focused only on single individuals. We examined interdependence in the memory compensation strategies reported by spouses within (...) 58 older couples. Couples completed the Memory Compensation Questionnaire, as well as an open-ended interview about their memory compensation practices. We found that internal, intra-individual memory compensation strategies were not associated within couples, but external, extra-individual strategies showed interdependence. Individuals’ scores on material/technological compensation strategies were positively correlated with their partners’. Reported reliance on a spouse was higher for men and increased with age. Our open-ended interviews yielded rich insights into the complex and diverse resources that couples use to support memory in day-to-day life. Particularly evident was the extent of interaction and coordination between social and material compensation, such that couples jointly used external compensation resources. Our results suggest that individuals’ reports of their compensation strategies do not tell the whole story. Rather, we propose that older couples show interdependence in their memory compensation strategies, and adopt complex systems of integrated material and social memory compensation in their day-to-day lives. (shrink)

What were Shakespeare's final thoughts on history, tragedy, and comedy? Shakespeare's Last Plays focuses much needed scholarly attention on Shakespeare's "Late Romances." The work--a collection of newly commissioned essays by leading scholars of classical political philosophy and literature--offers careful textual analysis of Pericles, Prince of Tyre, Cymbeline, The Winter's Tale, The Tempest, All is True, and The Two Noble Kinsmen. The essays reveal how Shakespeare's thought in these final works compliments, challenges, fulfills, or transforms previously held conceptions of the playwright (...) and his political-philosophical views. (shrink)

This paper introduces a new, expanded range of relevant cognitive psychological research on collaborative recall and social memory to the philosophical debate on extended and distributed cognition. We start by examining the case for extended cognition based on the complementarity of inner and outer resources, by which neural, bodily, social, and environmental resources with disparate but complementary properties are integrated into hybrid cognitive systems, transforming or augmenting the nature of remembering or decision-making. Adams and Aizawa, noting this distinctive complementarity argument, (...) say that they agree with it completely: but they describe it as “a non-revolutionary approach” which leaves “the cognitive psychology of memory as the study of processes that take place, essentially without exception, within nervous systems.” In response, we carve out, on distinct conceptual and empirical grounds, a rich middle ground between internalist forms of cognitivism and radical anti-cognitivism. Drawing both on extended cognition literature and on Sterelny’s account of the “scaffolded mind” (this issue), we develop a multidimensional framework for understanding varying relations between agents and external resources, both technological and social. On this basis we argue that, independent of any more “revolutionary” metaphysical claims about the partial constitution of cognitive processes by external resources, a thesis of scaffolded or distributed cognition can substantially influence or transform explanatory practice in cognitive science. Critics also cite various empirical results as evidence against the idea that remembering can extend beyond skull and skin. We respond with a more principled, representative survey of the scientific psychology of memory, focussing in particular on robust recent empirical traditions for the study of collaborative recall and transactive social memory. We describe our own empirical research on socially distributed remembering, aimed at identifying conditions for mnemonic emergence in collaborative groups. Philosophical debates about extended, embedded, and distributed cognition can thus make richer, mutually beneficial contact with independently motivated research programs in the cognitive psychology of memory. (shrink)

A wide-ranging collection of essays inspired by the memory of the cognitive psychologist John Macnamara.