The German word Festschrift has become the universally accepted term for a published collection of legal essays written by several authors to honour a distinguished jurist or mark a significant legal event. The genre dates back to the mid‐19th century on the Continent, but until recently it has made little impression on the literature of the common law. Less than a dozen legal Festschriften had been published in the United Kingdom up to 1968, but since then more than a hundred (...) legal Festschriften have appeared. This article traces the rise of the legal Festschrift in the United Kingdom, and attempts to account for its recent popularity. The nature of legal Festschriften, and the processes and problems of their production, are addressed. Emphasis is placed on the systemic failure to index contributions to legal Festschriften. This gap in the bibliographic resources of the common law consigns an enormous amount of scholarship to oblivion; hence the reference in the title to ‘graveyards of scholarship’. An indication of the magnitude of this problem is that the total number of contributions to legal Festschriften between 1969 and 2000 almost equals the total number of articles published in three leading British law reviews over the same period. The article concludes that the failure to index contributions to legal Festschriften by author and subject matter is lamentable, and undercuts the reasons for publishing legal Festschriften in the first place. (shrink)

Michael Peters, Sonja Arndt & Marek TesarThis is a collective writing experiment of PESA members, including its Executive Committee, asking questions of the Philosophy of Education in a New Key. Co...

Does human life have meaning? Ever since Darwin, there has been great skepticism about whether a "meaning of life" was possible outside of religious belief. Is it possible to find meaning in human life? Philosopher of science Michael Ruse examines the question of meaning in life within Darwinian views of human nature. He argues that meaning in the Darwinian age can be found if we turn to a kind of Darwinian existentialism, seeing our evolved human nature as the source (...) of all meaning, both in the intellectual and social worlds. (shrink)

The book has two parts: one metaphysical, the other epistemological. The metaphysical part is largely concerned with realism issues. It starts with realism about universals, dismissing Plato's notorious ‘one over many’ problem. Several chapters argue for a fairly uncompromisingly realist view of the external physical world of commonsense and science. Both the nonfactualism of moral noncognitivism and positivistic instrumentalism, and deflationism about truth, are found to rest on antirealisms about their subject matters that are hard to characterize. A case is (...) presented for moral realism. Various biological realisms are considered. Finally, an argument is presented for an unfashionable biological essentialism. The epistemological part of the book argues against the a priori and for a Quinean naturalism. The intuitions that so dominate ‘armchair philosophy’ are empirical not a priori. There is an emphasis throughout the book on distinguishing metaphysical issues about what there is and what it's like from semantic issues about meaning, truth, and reference. Another central theme, captured in the title, is that we should ‘put metaphysics first’. We should approach epistemology and semantics from a metaphysical perspective rather than vice versa. The epistemological turn in modern philosophy and the linguistic turn in contemporary philosophy were something of disasters. (shrink)

Although few of Charles Sanders Peirce's writings were devoted explicitly to religious topics, Michael L. Raposa demonstrates that religious ideas played a central role in shaping Peirce's philosophy and are manifest throughout his corpus, in scientific and mathematical papers as well as in his writings on metaphysics, cosmology, and the normative sciences. Because Peirce's religious ideas are continuous with and integral to his reflections on these and other issues, they must be identified and understood if his work as a (...) whole is to be interpreted properly. An organizing perspective for Raposa's study and the subject of extended commentary is Peirce's most famous essay in the philosophy of religion, "A Neglected Argument for the Reality of God." Although very few of Peirce's commentators have devoted serious attention to the religious dimension of his thought, Raposa concludes that Peirce's writings are an important resource for contemporary scholars of religion and points to those of his ideas that might be most fruitfully entertained and developed. (shrink)

The literature on Kierkegaard is often content to paraphrase. By contrast, Michael Theunissen articulates one of Kierkegaard's central ideas, his theory of despair, in a detailed and comprehensible manner and confronts it with alternatives. Understanding what Kierkegaard wrote on despair is vital not only because it illuminates his thought as a whole, but because his account of despair in The Sickness unto Death is the cornerstone of existentialism. Theunissen's book, published in German in 1993, is widely regarded as the (...) best treatment of the subject in any language. Kierkegaard's Concept of Despair is also one of the few works on Kierkegaard that bridge the gap between the Continental and analytic traditions in philosophy. Theunissen argues that for Kierkegaard, the fundamental characteristic of despair is the desire of the self "not to be what it is." He sorts through the apparently chaotic text of The Sickness unto Death to explain what Kierkegaard meant by the "self," how and why individuals want to flee their selves, and how he believed they could reconnect with their selves. According to Theunissen, Kierkegaard thought that individuals in despair seek to deny their authentic selves to flee particular aspects of their character, their past, or the world, or in order to deny their "mission." In addition to articulating and evaluating Kierkegaard's concept of despair, Theunissen relates Kierkegaard's ideas to those of Heidegger, Sartre, and other twentieth-century philosophers. (shrink)

This book addresses such key ethical issues as euthanasia, the environment, biotechnology, abortion, the family, sexual ethics, and the distribution of health care resources. Michael Banner argues that the task of Christian ethics is to understand the world and humankind in the light of the credal affirmations of the Christian faith, and to explicate this understanding in its significance for human action through a critical engagement with the concerns, claims and problems of other ethics. He illustrates both the distinctiveness (...) of Christian convictions in relation to the above issues and also the critical dialogue with practices based on other convictions which this sense of distinctiveness motivates but does not prevent. The book's importance lies in its attempt to show the crucial difference which Christian belief makes to an understanding of these issues, whilst at the same time demonstrating some of the weaknesses and confusions of certain popular approaches to them. (shrink)

In the December 2015 Issue of the Police Journal Sam Poyser and Rebecca Milne addressed the subject of miscarriages of justice. Cold case investigations can address some of these wrongs. The salient points for attention are those just before his sudden death: Milligan was appointed Private Secretary to Jonathan Aitken, the then Minister of Arms in the Conservative government in 1994. The known facts are as follows: 1. Stephen David Wyatt Milligan was found deceased on Tuesday 8th February 1994 at (...) his Chiswick, West London house where he lived alone. His body was found by his secretary Vera Taggart who was told by Julie Kirkbride where a spare key to his London house was kept and who decided to go to his house that day because he was not answering his telephone. Police said he had made one last telephone call on Saturday evening at 9.00pm. 2. Stephen David Wyatt Milligan had been the elected Member of Parliament (‘MP’) for Eastleigh in Hampshire since 1992. 3. The important topics this MP was addressing in 1994 at the time of his death included: (i) rail privatization plans and the impact through job losses on communities, especially his own constituency of Eastleigh; (ii) arms dealings with Saudi Arabia, especially with his previous intelligence gathered as an economics journalist for esteemed publications; (iii) the UK military industry; (iv) homosexuality among senior government Ministers, as revealed by British footballer Fasanu; (v) personal relationship and planned marriage to his fiancée (Julie Kirkbride) who at the time was a political journalist. 4. Stephen Milligan was also appointed as Parliamentary Private Secretary to Jonathan Aitken, Arms Minister and this position must have required that he came ‘up to speed’ on international arms trade and indeed its relation to bribery and corruption across jurisdictions. Milligan’s experience and knowledge as a former high-level political and economics journalist must have been of huge benefit to government minister Jonathan Aitken who was later imprisoned for perjury. 5. Regarding Stephen Milligan’s death in 1994, the Guardian newspaper in their immediate obituary said that ‘The death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. He was on the left of the Tory party - he had even had a brief flirtation with the SDP when it was formed - and was a noted Euro-enthusiast… the death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. Regarding Stephen Milligan’s sudden and unexpected death in 1994, MP David Willetts (Conservative, Havant) said in March 2015, in his address in the House of Commons. ‘…The inevitable ups and downs and triumphs and disasters of politics are among the great features of this place. There are colleagues in all parts of the House who are tolerant and understanding. There are friendships that keep the downs as well as the ups of politics in perspective. Having entered the House in 1992, I think particularly of two good friends, Judith Chaplin and Stephen Milligan, who both died within two years of being elected; that loss stayed with me for a long time...’ 6. On 28 February 2000, in the House of Commons, at Column 106, Mr Mike Hancock (Portsmouth) said, on the deaths of Michael Colvin and of Stephen Milligan MP: ‘I knew Michael Colvin for nearly 30 years, from when he was first elected to Hampshire county council. During my time as leader of that council, he and the late former Member of Parliament for Eastleigh, Stephen Milligan, were usually the only Members of Parliament who readily supported the council when necessary. Michael Colvin supported many ventures in the county of Hampshire. He will be missed here, in his constituency, and in Europe, and I stress that Hampshire has lost a staunch supporter. I am sure that the county will at some stage want to record its regret at his death and its deepest appreciation of the part that he played in its life....’ -/- Mike Hancock had, like Stephen Milligan, served on the Select Committee on Defence. It is interesting that he mentioned Stephen Milligan’s support as MP for Eastleigh when Milligan had only been so appointed a couple of years before his sudden death, as compared to 30 years of support from Mike Colvin. 7. Mr Andrew Robathan (for Blaby) said in the House of Commons Hansard Debates on 27 January1997, (Column 62) (on the registering of sex offenders): ‘I remember the death of my honourable friend Stephen Milligan, who represented Eastleigh. The press reports of the time stated that each Metropolitan police station had a police officer in the pay of newspapers. I do not know whether that is true, but I am aware that the police are not renowned for being entirely secure with their information…’ This statement is mischievous and it has been demonstrated time and time again, as being untrue, especially during the recent press inquiry leading to the four-volume Leveson Report, published in November 2012, into phone hacking and the ethics and culture of the UK media, pursuant to section 26 of the Inquiries Act 2005, and ordered by the House of Commons to be printed on 29 November 2012, ISBN: 9780102981063, by the Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office. In Volume 4 of the 2012 Leveson Report, chapter 4 concluded on the Press Complaints Commission (‘PCC’) and its effectiveness and revealed that the PCC does not initiate its own investigations other than those ‘needed to head off criticism of the press or self-regulation- or to accept complaints from third parties across the board and on a transparent basis… and the report states that ‘the resources of the police are limited’ in terms of being able to fully inspect the Press and media reports. (shrink)

Various ideals of purity are surveyed and discussed. These include the classical Aristotelian ideal, as well as certain neo-classical and contemporary ideals. The focus is on a type of purity ideal I call topical purity. This is purity which emphasizes a certain symmetry between the conceptual resources used to prove a theorem and those needed for the clarification of its content. The basic idea is that the resources of proof ought ideally to be restricted to those which determine its content.

Das vorliegende Buch präsentiert eine phänomenologische Analyse der verschiedenen Formen zwischenmenschlicher Gewalt und ihrer oft unterbelichteten Beziehungen. Auf der Grundlage einer Transformation der Phänomenologie und im Rekurs auf den aktuellen Diskurs der Gewaltforschung entwickelt es einen methodologischen Rahmen für eine nicht-reduktive Analyse von Gewalt, der in angewandten phänomenologischen Fallstudien erprobt wird. -/- Gewalt war bislang vorwiegend in den Human und den Sozialwissenschaften ein zentrales Thema, wurde aber nur allzu selten zum Gegenstand genuin philosophischer Reflexion. Um dieses Desiderat aufzugreifen und die (...) Bedeutung philosophischer Reflexion für den Diskurs über Gewalt zu demonstrieren, entwickelt das vorliegende Buch einen phänomenologischen Ansatz zur Analyse zwischenmenschlicher Gewalt. Seine Intention besteht darin, ein Korrektiv zu den konventionellen, allzu einseitig verfahrenden instrumentalistischen, essentialistischen oder funktionalistischen Erklärungen von Gewalt vorzulegen. -/- Im Anschluss an eine kritische Reflexion auf zentrale Aporien des Gewaltdiskurses, denen es sich zu stellen gilt, integriert der Autor relevante Theoreme klassischer Phänomenologie mit neueren Ansätzen in einen umfassenden Analyserahmen. In drei „Fallstudien“ wird dieser Rahmen in konkreten Phänomenanalysen angewandt und der ihm zugrunde liegende weite Gewaltbegriff auf die Probe gestellt. Das Buch schließt mit einem Entwurf einer „relationalen Phänomenologie“, die es erlaubt, die vielfach unterbelichteten bzw. ausgeblendeten Beziehungen zwischen den verschiedenen Formen von Gewalt ins Auge zu fassen. (shrink)

Nietzsche's Therapy explores the ethics of self-cultivation that Nietzsche forged in his middle works.

The definitive work on the philosophical nature and impact of the theories of Charles Darwin, written by a well-known authority on the history and philosophy of Darwinism. Broadly explores the theories of Charles Darwin and Darwin studies Incorporates much information about modern Biology Offers a comprehensive discussion of Darwinism and Christianity – including Creationism – by one of the leading authorities in the field Written in clear, concise, user-friendly language supplemented with quality illustrations Examines the status of evolutionary theory as (...) a genuine theory and its implications for philosophy, epistemology and ethics Provides a strong understanding of the philosophical nature and impact of Darwin's thought Holds wide appeal for general audiences outside the world of academic philosophy Strongly supports Darwinism and fully explores modern naturalistic explanations of religion. (shrink)

Emmanuel Levinas conceives of our lives as fundamentally interpersonal and ethical, claiming that our responsibilities to one another should shape all of our actions. While many scholars believe that Levinas failed to develop a robust view of political ethics, Michael L. Morgan argues against understandings of Levinas’s thought that find him politically wanting or even antipolitical. Morgan examines Levinas’s ethical critique of the political as well as his Jewish writings—including those on Zionism and the founding of the Jewish state—which (...) are controversial reflections of Levinas’s political expression. Unlike others who dismiss Levinas as irrelevant or anarchical, Morgan is the first to give extensive treatment to Levinas as a serious social political thinker whose ethics must be understood in terms of its political implications. Morgan reveals Levinas’s political commitments to liberalism and democracy as well as his revolutionary conception of human life as deeply interconnected on philosophical, political, and religious grounds. (shrink)

In Christ Meets Me Everywhere, Michael Cameron argues that Augustine wanted to train readers of Scripture to transpose themselves into the texts in the same way he did, by the same process of figuration that he found at its core. Tracking Augustine's developing practice of self-transposition into the figures of the biblical texts over the course of his entire career, Cameron shows that this practice is the key to Augustine's hermeneutics.

A new study of Porphyrian soteriology, or the concept of the salvation of the soul, in the thought of Porphyry of Tyre.

Why believe in the a priori? The answer is clear: there are many examples, drawn from mathematics, logic and philosophy, of knowledge that does not seem to be empirical. It does not seem possible that this knowledge could be justified or revised “by experience.” It must be justified in some other way, justified a priori.

This book is a sophisticated, detailed, and original examination of the main ideas that have dominated Anglo-American legal philosophy since the Second World War. The author probes such themes as: whether there can be right answers to all disputed law cases; how laws and other rules impact on the practical rationality of actors subject to their authority; whether general principles justifying the law must themselves be thought of as part of the law binding on legal actors; and the possibility of (...) an interpretivist jurisprudence that is continuous with law practice in a given culture. (shrink)

We make choices all the time - about trivial matters, about how to spend our money, about how to spend our time, about what to do with our lives. And we are also constantly judging the decisions other people make as rational or irrational. But what kind of criteria are we applying when we say that a choice is rational? What guides our own choices, especially in cases where we don't have complete information about the outcomes? What strategies should be (...) applied in making decisions which affect a lot of people, as in the case of government policy? This book explores what it means to be rational in all these contexts. It introduces ideas from economics, philosophy, and other areas, showing how the theory applies to decisions in everyday life, and to particular situations such as gambling and the allocation of resources. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable. (shrink)

Ever since I abandoned the philosophy of Kant and Hegel, I have sought solutions of philosophical problems by means of analysis, and I remain firmly persuaded, in spite of some modern tendencies to the contrary, that only by analysing is progress possible. (Russell, My Philosophical Development, ch. 1).

Confucianism and Catholicism are among the most influential religious traditions and share a long and intricate relationship. Beginning with the work of Matteo Ricci, the nature of this relationship has sometimes generated great debate, which is still alive today. The ten essays in this volume continue and advance this long conversation. Written by specialists in both traditions, the essays are organized into two groups. Those in the first group focus primarily on the historical and cultural contexts in which Confucianism and (...) Catholicism encountered one another in the four major Confucian cultures of East Asia. These essays seek to understand specific figures, texts, and issues in light of those broader contexts. The essays in the second part offer comparative and constructive studies of specific figures, texts, and issues in the Confucian and Catholic traditions from both theological and philosophical perspectives. By bringing these historical and constructive perspectives together, this volume seeks not only to understand the past dialogue between these traditions, but also to renew and reinvigorate the conversation between them today. In light of the unprecedented expansion of Eastern Asian influence in recent decades, and considering the myriad of challenges and new opportunities faced by both the Confucian and Catholic traditions in a world that is rapidly becoming globalized, this volume could not be more timely. Confucianism and Catholicism: Reinvigorating the Dialogue will be of interest to professional theologians, historians, and scholars of religion, as well as those who work in interreligious dialogue. Contributors: Michael R. Slater, Erin M. Cline, Philip J. Ivanhoe, Vincent Shen, Anh Q. Tran, S.J., Donald L. Baker, Kevin M. Doak, Xueying Wang, Richard Kim, Victoria S. Harrison, and Lee H. Yearley. (shrink)

Irony, one of the most basic, pervasive, and variegated of rhetorical tropes, is as fundamental to musical thought as it is to poetry, prose, and spoken language. In this wide-ranging study of musical irony, Michael Cherlin draws upon the rich history of irony as developed by rhetoricians, philosophers, literary scholars, poets, and novelists. With occasional reflections on film music and other contemporary works, the principal focus of the book is classical music, both instrumental and vocal, ranging from Mozart to (...) Mahler. The result is a surprising array of approaches toward the making and interpretation of irony in music. Including nearly ninety musical examples, the book is clearly structured and engagingly written. This interdisciplinary volume will appeal to those interested in the relationship between music and literature as well as to scholars of musical composition, technique, and style. (shrink)

Among contemporary philosophers, David Benatar espouses a form of pessimism most closely aligned with Schopenhauer’s. Both maintain that human existence is a misfortune, such that each of us would have been better off having never existed at all. Here my concerns are twofold: First, I investigate why, despite these similarities, Schopenhauer and Benatar arrive at divergent positions regarding suicide. For whereas Benatar concludes that suicide is sometimes a moral wrong to others but is prudentially rational in a wider array of (...) circumstances than we ordinarily expect, Schopenhauer largely sets aside questions of both interpersonal morality and prudence to argue that suicide is self-contradictory or futile because it does not undermine the metaphysical facts concerning the place of will in human life, facts ultimately responsible for our unfortunate condition. Second, I consider Schopenhauer’s attempt to show that suicide is a mistaken response to human suffering. Under any of several plausible interpretations of Schopenhauer’s argument that suicide is a futile exercise, his reasoning is unconvincing. Drawing upon Schopenhauer’s admiration for ‘ascetic’ suicide, I then propose an alternative expressive route for Schopenhauer: that suicide is usually mistaken because it fails to manifest integrity in light of the unfortunate truth about the human condition. (shrink)

Peter Klein has taken Aristotle’s regress argument for foundationalism as a point of departure for developing a view he calls ‘infinitism’. In this paper, I offer a critique of Klein’s view. I argue for three main conclusions. First, Klein’s response to the regress argument for foundationalism is neither infinitism nor foundationalism but a distinct position I call the “unjustified foundations” view. Second, Klein’s “unjustified foundations” view is subject to some serious problems that make it inferior to foundationalism. Third, Klein’s objections (...) to foundationalism fail to knock it from its place of superiority over the “unjustified foundations” view. Before defending these three conclusions in sections 3-5, I begin with an account of the regress argument for foundationalism in section 1 and with a brief presentation of Klein’s views in section 2. (shrink)