This book combines metaphysics, aspects of modern logic, and legal theory in order to conceptualise a wrong in law's claim of right. The book takes as its starting point a restriction on the freedom of concept formation that is dictated by classical logic's inability to handle antinomies in reason's attempts to constitute its own foundations. Relating this to law's claim of right, the notion of 'wrong' does not fasten on law's violence or injustice, and neither does it seek to (...) elaborate a moral or ethical critique of law. On the contrary: it is sceptical of, and seeks an alternative to, the various ethical turns of recent legal and political theory. The 'wrong' of the wrong of law is logical and epistemic in character. It is a failure or refusal to recognise the cognitive relevance of contradictions of self-reference. In this respect, The Wrong of Law draws on a metaphysical-logical development from Kant via Hegel and Marx to the foundations of modern logic, in order to establish the sense in which a restriction on self-reference amounts to a limitation on truth-seeking or comprehension. This limitation is then demonstrated through analysis of the reasoning in a series of legal cases in Australia, concerning Indigenous peoples. This book will be of significant interest to scholars in critical legal theory, the philosophy of law and jurisprudence; as well as others with an interest in foundational studies across the disciplinary borders of metaphysics, mathematical logic, sociology and legal theory. (shrink)

Cottingham : Western philosophy : an anthology (second edition) -- Cahoone : from modernism to postmodernism : an anthology (expanded -- Second edition) -- Lafollette : ethics in practice : an anthology (third edition) -- Goodin and Pettit: contemporary political philosophy: an anthology (second -- Edition) -- Eze: african philosophy : an anthology -- McNeill and Feldman : continental philosophy : an anthology -- Kim and Sosa : metaphysics : an anthology -- Lycan and Prinz (...) : mind and cognition : an anthology (third edition) -- Kuhse and Singer : bioethics : an anthology (second edition) -- Cummins and Cummins : minds, brains, and computers : the foundations of -- Cognitive science : an anthology -- Sosa, Kim, Fantl, and McGrath epistemology : an anthology (second edition) -- Kearney and Rasmussen : continental aesthetics, romanticism to -- Postmodernism : an anthology -- Martinich and Sosa : analytic philosophy : an anthology -- Jacquette : philosophy of logic : an anthology -- Jacquette : philosophy of mathematics : an anthology -- Harris, Pratt, and Waters : American philosophies : an anthology -- Emmanuel and Goold: modern philosophy from Descartes to Nietzsche : an anthology -- Scharff and Dusek : philosophy of technology ; the technological condition : an anthology -- Light and Rolston : environmental ethics : an anthology -- Taliaferro and Griffiths : philosophy of religion : an anthology -- Lamarque and Olsen : aesthetics and the philosophy of art; the analytic -- Tradition : an anthology -- John and Lopes : philosophy of literature ; contemporary and classic -- Readings : an anthology -- Cudd and Andreasen : feminist theory : a philosophical anthology -- Carroll and Choi : philosophy of film and motion pictures : an anthology -- Lange : philosophy of science : an anthology -- Shafer-Landau and Cuneo : foundations of ethics : an anthology -- Curren : philosophy of education : an anthology -- Shafer-Landau : ethical theory : an anthology -- Cahn and Meskin : aesthetics : a comprehensive anthology -- McGrew, Alspector-Kelly and Allhoff : the philosophy of science : an historical -- Anthology -- May and Brown : the philosophy of law : classic and contemporary readings -- Forthcoming -- Rosenberg and ARP : philosophy of biology : an anthology. (shrink)

An excellent and succinct historical survey of the major philosophies of law as seen in the leading political philosophers, this work explores the connection between views of law and the philosophical outlooks on which they are based. It also includes a short analysis of some current problems, such as the relation of law to justice, and it suggests the feasibility of international constitutional law.--F. E. B.

This volume presents an extended version of the contributions presented at the workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in 2013. It handles issues of applied legal philosophy in Kant's Doctrine of Right such as ownership, the alleged right of necessity, the right of resistance and the right of revolution. With each of these applied issues, the focus lies, on the one (...) hand, on the relationship between the principles a priori of law and of the duties of rights, as well as their normative requirements - for instance, the duty of independence from the coercion by others - and, on the other hand, empirical situations and their pressing demands. Thus, this volume illustrates how Kant concretely conceives of the doctrine of "first metaphysical of the doctrine of right" as supplying "the immutable principles for any giving of positive law". Each essay of this volume not only undertakes a careful and original interpretation of Kant's theses, but also offers a critical assessment. (shrink)

In what it will be convenient to call “the Scandinavian school”; of jurisprudence, Hagerstrom is clearly the master. But his leadership is of a somewhat special kind. For all that he wrote a large book on Roman law, Hägerström was trained as, and continued to be, a philosopher, not a jurisprudentialist or a sociologist. His essays on law and morals are ancillary to his main purpose: to destroy transcendental metaphysics. The epigraphhe chose to head his contribution to Die Philosophic (...) der Gegenwart in Selbstdarstellungen was uncompromising: “Praeterea censeo metaphysicam esse delendam.” If, in his published work, he to so considerable a degree concentrated his attention on ethics and jurisprudence, that is because he took them to be a particularly rich source of metaphysical mystery-mongering. Through a study of men's moral and legal ideas, Hägerström thought he could bring out the sources, the defects—and even, in a way, the strength—of metaphysical thinking. (shrink)

Peirce's Scientific Metaphysics is the first book devoted to understanding Charles Sanders Peirce's (1839-1914) metaphysics from the perspective of the scientific questions that motivated his thinking. While offering a detailed account of the scientific ideas and theories essential for understanding Peirce's metaphysical system, this book is written in a manner accessible to the non-specialist.

Philosophy of Law sometimes refers to Heidegger, yet Heidegger does not explicitly tackle this area of philosophy. In this paper, I will argue that it is actually possible to bring to light a theory of law in Heidegger’s writings. Such a theory would help juridical thought by tracing it back to its metaphysical presuppositions.

According to dispositional realism, or dispositionalism, the entities inhabiting our world possess irreducibly dispositional properties – often called ‘powers’ – by means of which they are sources of change. Dispositionalism has become increasingly popular among metaphysicians in the last three decades as it offers a realist account of causation and provides novel avenues for understanding modality, laws of nature, agency, free will and other key concepts in metaphysics. At the same time, dispositionalism is receiving growing interest among philosophers of (...) science. This reflects the substantial role scientific findings play in arguments for dispositionalism which, as a metaphysics of science, aims to elucidate the very foundations of science. In this introductory chapter, I give an overview of the state of the debate and explain the twofold aim of the present collection of essays which is (i) to explore the ontological commitments of dispositionalism and (ii) to discuss these against the background of latest scientific research, by bringing together perspectives from both metaphysics and the philosophy of science. I finally provide a summary of this intellectual journey. (shrink)

Hart commences his essays by stating what he thinks is the search and its concomitant questions. The search he asserts is for principles to justify punishment. Unfortunately, no attempt is made to describe criteria of justification, let alone what is meant by principles. The questions that arise are in terms of giving a general justification for punishing individuals and for determining the severity of that punishment; and of establishing the appropriate method for selection of objects of punishment. No reference is (...) made to a general societal system, nor to the nature of a whole criminal process functioning from statutes through police, to courts and judges. He then describes a "General Justifying Aim" and a system of distribution of punishment. (shrink)

Are the categorical laws of ontology metaphysically contingent? I do not intend to give a full answer to this question in this paper. But I shall give a partial answer to it. In particular, Gideon Rosen, in his article “The Limits of Contingency”, has distinguished a certain conception of metaphysical necessity, which he calls the Non-Standard conception, which, together with the assumption that all natures or essences are Kantian, is supposed to entail that many laws of ontology are metaphysically contingent. (...) Now, the argument Rosen gives supports the conclusion that all categorical laws of ontology are contingent. I shall argue that the Non-Standard conception and the thesis that all natures are Kantian are incompatible with each other and that, if the Non-Standard conception is true, there must be at least one metaphysically necessary categorical law of ontology, and I shall identify such a law. Thus my contribution to the question of the title of the paper will be that not all categorical ontological laws can be contingent if the Non-Standard conception is true. (shrink)

The third chapter gives an account of the debates over Cartesianism outlined below, which shifted from the University of Utrecht to Leiden, where the new philosophy was introduced by Adriaan Heereboord in the early 1640s, and was carried on by Johannes de Raey at the end of the decade. In Leiden, the quarrels over Cartesianism were prompted by the intervention of the theologian Jacob Revius, criticising Descartes’s philosophy as a source of Pelagianism in 1647. This gave rise to (...) a series of attacks, replies, and counter-replies which would dominate Dutch Cartesianism well into the 1650s: Revius’s Methodi cartesianae consideratio theologica (1648), Statera philosophiae cartesianae (1650), and Cyriacus Lentulus’s Nova Renati Descartes sapientia (1651) offered a full-blown critique of Descartes’s philosophy, focusing on his metaphysics, method and on their uses in academia. Such critiques are analysed in this chapter as they brought about the first foundation of Cartesian philosophy after Descartes himself, namely, the development of a ‘Cartesian Scholastic’ by Johannes Clauberg, professor at Herborn and Duisburg. In fact, Clauberg’s defence and foundation of a Cartesian academic philosophy was not the effort of one philosopher, but was coordinated with De Raey and with other members of the Cartesian network in the Netherlands and in Germany (including Abraham Heidanus, Tobias Andreae and Christopher Wittich), as a means to avoid the bans on Cartesianism and to provide a decisive answer to the theologians. This coordinated strategy of defence is revealed by two letters of De Raey to Clauberg: their contents shed light on the background of Clauberg’s foundation, which constitutes the first, Cartesian reworking of the academic curriculum. In his works, indeed, Clauberg maintained a metaphysical foundation embodying rational-theological arguments, while providing at the same time a logical theory of the method for natural philosophy, as well as for law, theology and medicine. Yet, his concerns with the traditional structure of the curriculum led him to develop, besides a Cartesian first philosophy, also an ontosophia, whose object is being as such. This is considered by Clauberg not only in the light of the ‘first notions’ of mind and body, but also of those abstracted from concrete realities, as ‘unity’, ‘goodness’, ‘truth’, and so on. This ultimately results in the reduplication of metaphysics, which will be reduced by Clauberg’s followers – dealt with in the next chapters. (shrink)

Coherentism, in philosophy generally, is of either an epistemological or a metaphysical type. The epistemological type responds to worries about foundationalism that have no serious counterpart within the philosophy of law. The metaphysical type is implausible generally, but has been put to use within the philosophy of law - by Ronald Dworkin in particular - to close up "gaps" in the law that provide an opening for purportedly worrisome exercises of judicial discretion. These remarks conclude with the (...) suggestion that the conception of political legitimacy that underlies such worries is crude and unwarranted. (shrink)

The response developed in this book is the creation of a metaphysical understanding of law or, in other words, what Aristotle called a 'first philosophy'.

The bulk of this massive collection is comprised of selections from about twenty medieval, modern, and contemporary writers, on legal philosophy. These selections cover the traditions of natural law, positivism, and realism on the problem of the nature of law. It would be impossible to fault Professor Christie on the pieces he has included. Each one, old or new, is an acknowledged classic or standard. The omission of Lon L. Fuller who represents a notable variety of non-Thomistic natural law (...) should, however, be mentioned. In the very last part of the book, covering the topic of legal reasoning, the philosopher will be pleased to find extensive extracts from Aristotle and Francis Bacon. (shrink)

Jurisdiction, Scale and Governance: Chronotopes of Law develops a post-metaphysical framework for analyzing the spatio-temporal workings of law and other forms of governance. In this regard, it does not seek merely to combine analyses of legal temporality carried out by anthropologists with analyses of law and space carried out by geographers and socio-legal scholars. Adding two metaphysical abstractions together does not produce anything but somewhat more complex, but equally metaphysical, abstractions. After Kant, 'time' and 'space' are simply categories of human (...) understanding, not metaphysical entities. And, in this book Mariana Valverde develops an anti-metaphysical theoretical approach to law that aims not to theorize the world in general, but rather to be useful to researchers who seek to shed light on the actual workings of law and other forms of governance. Written by one of the foremost theorists in the area, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society. (shrink)

Subsequent to the transition from the era of natural philosophy to what we now regard as the era of the modern sciences, the latter have often been described as independent of the major philosophical preoccupations that previously informed theorizing about the natural world. The extent to which this is a naïve description is a matter of debate, and in particular, views of the place of metaphysics in the interpretation of modern scientific knowledge have varied enormously. Logical positivism spawned (...) a distaste for metaphysics in the philosophy of science which lasts to this day, but in recent years, a renaissance in analytic metaphysics has been embraced by a growing number of philosophers of science. Those moved by distaste commonly subscribe either to a minimalist Humean metaphysic, or to a quietism about metaphysical questions generally. Those moved by attraction contend that metaphysical investigations into the natures of things like properties, causation, laws, and modality, are required in order to interpret descriptions of the world furnished by our best scientific theories. I consider the presuppositions separating these contemporary approaches to the philosophy of science, and the prospect of their resolution. (shrink)

Thomas Hobbes based his natural philosophy on definitions and general principles of matter in motion, which he refrained from calling “laws of nature.” Across the channel, René Descartes had presented his own account of matter in motion in such a way that laws of nature play a central causal-explanatory role. Despite some notable differences in the two systems of natural philosophy, the content of the three Cartesian laws of nature is shared by Hobbesian principles of motion. Why is (...) it the case that Hobbes never ‘transferred’ the concept of law of nature from the sphere of civil society to the realm of nature? What is the status of the Hobbesian principles of motion if they are not laws? Answering these questions is the main aim of this article. It is shown that Hobbes made available an importantly different and genuinely original way to do natural philosophy, which renders it free of metaphysics and eschews the need to ground it in anything other than ‘natural reason’. Briefly put, Hobbes took the category of ‘laws of nature’ to involve commitments that cannot be met in the natural world, unless natural philosophy loses its autonomy from theology and metaphysics. (shrink)

In spite of its title, this volume sheds no new light on the debated problem of whether Peirce's ideas form, or can be reconstructed to form, an integrated and internally consistent system. The book, instead, avoids the problem entirely, the pith of its thesis about the unity of Peirce's philosophy being that, in various guises, the notion of Thirdness permeates his thought. Apparently, Haas thinks it evident that to point up the central role of this notion in each of (...) Peirce's subdivisions of philosophy—Phenomenology, Logic, and Metaphysics—is to show the unity of the philosophy as a whole. But he does not counter any specific charges brought against this claim of unity—though he mentions some of them—or even outline how the conception of law is to vindicate this claim. What he does do, following Peirce's three-fold division of philosophy, is to conduct a survey built around the Firstness-Secondness-Thirdness theme; and this exposition, though uncritical, is not lacking in care and subtlety, so that those looking for an overview of Peirce's thought can profit from the book.—C. T. W. (shrink)

During the seventeenth century Francisco Surez was considered one of the greatest philosophers of the age: he is now reemerging as a major subject of critical and historical investigation. A leading team of scholars explore his work on ethics, metaphysics, ontology, and theology. This will be the starting-point for future research on Surez.

This volume offers a collection of in-depth explorations of pragmatism as a framework for discussions in philosophy of science and metaphysics. Each chapter involves explicit reflection on what it means to be pragmatist, and how to use pragmatism as a guiding framework in addressing topics such as realism, unification, fundamentality, truth, laws, reduction, and more. -/- .

This paper draws attention to the crucial importance of a new kind of precisely defined law of nature in the Scientific Revolution. All explanations in the mechanical philosophy depend upon the interactions of moving material particles; the laws of nature stipulate precisely how these interact; therefore, such explanations rely on the laws of nature. While this is obvious, the radically innovatory nature of these laws is not fully acknowledged in the historical literature. Indeed, a number of scholars have tried (...) to locate the origins of such laws in the medieval period. In the first part of this paper these claims are critically examined, and found at best to reveal important aspects of the background to the later idea, which could be drawn upon for legitimating purposes by the mechanical philosophers. The second part of the paper argues that the modern concept of laws of nature originates in René Descartes's work. It is shown that Descartes took his concept of laws of nature from the mathematical tradition, but recognized that he could not export it to the domain of physico-mathematics, to play a causal role, unless he could show that these laws were underwritten by God. It is argued that this is why, at an early stage of his philosophical development, Descartes had to turn to metaphysics. (shrink)

In "The Philosophy of Nature," Brian Ellis provides a clear and forthright general summation of, and introduction to, the new essentialist position. Although the theory that the laws of nature are immanent in things, rather than imposed on them from without, is an ancient one, much recent work has been done to revive interest in essentialism and "The Philosophy of Nature" is a distinctive contribution to this lively current debate. Brian Ellis exposes the philosophical and scientific credentials of (...) the prevailing Humean metaphysic as less than compelling and makes the case for new essentialism as an alternative metaphysical perspective in lucid and unambiguous terms. This book develops this alternative metaphysic and considers the consequences for philosophy, and for some other areas of investigation, of working with such a metaphysic. Ellis argues that these consequences are profound and that a new essentialism provides a comprehensive new philosophy of nature for a modern scientific understanding of the world. (shrink)

The philosophy of science is the branch of philosophy that examines the profound philosophical questions that arise from scientific research and theories. A sub-discipline of philosophy that emerged in the twentieth century, the philosophy of science is largely a product of the British and Austrian schools of thought and traditions. The first in-depth reference in the field that combines scientific knowledge with philosophical inquiry, The Philosophy of Science: An Encyclopedia is a two-volume set that brings (...) together an international team of leading scholars to provide over 130 entries on the essential concepts in the philosophy of science. The areas covered include biology, chemistry, epistemology and metaphysics, physics, psychology and mind, the social sciences, and key figures in the combined studies of science and philosophy. Essays range in length from 3,000 to 7,500 words and represent the most up-to-date philosophical thinking on timeless scientific topics such as determinism, explanation, laws of nature, perception, individuality, time, and economics as well as timely topics like adaptation, conservation biology, quantum logic, consciousness, evolutionary psychology, and game theory. Offering thorough explorations and destined to become the most authoritative presentation of the field available, this Encyclopedia is a unique and groundbreaking guide to this fascinating field. (shrink)

It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule (...) of law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. (shrink)

This anthology of selections from the works of noted philosophers affords the student an immediate contact with the unique historical background of the philosophy of science. The selections, many of which have not been readily accessible, follow the development of the philosophy of science from 1786 to 1927. Each selection is preceded by a brief introduction by the editor designed to familiarize the reader with a particular philosopher and provide insights into his work. Joseph J. Kockelmans divides the (...) selections into several sections. Part 1, from 17861850, includes chapters by Immanuel Kant, on the metaphysical foundations of natural science, John Frederick William Herschel, on experience and the analysis of phenomena, William Whewell, on the nature and conditions of inductive science, and John Stuart Mill, on induction and the law of universal causation; part 2, from 18701899, includes chapters by Hermann Von Helmholtz, on the origin and significance of geometrical axioms, William Stanley Jevons, on the philosophy of inductive inference, John Bernard Stallo, on the kinetic theory of gasses and the conditions of the validity of scientific hypotheses, Ernst Mach, on the economical nature of physical inquiry, Karl Pearson, on perceptual and conceptual space, Emile Boutroux, on mechanical laws, Heinrich Hertz, on the appropriateness, correctness, and permissibility of scientific theories, and Ludwig Boltzmann, on the fundamental principles and basic equations of mechanics. The third part, covering the first decade of the twentieth century, includes chapters by Henri Jules Poincare, on science and reality, Charles Peirce, on Induction, Pierre Marie Duhem, on the laws of physics, William Ostwald, on energetism and mechanics, Emile Meyerson, on identity of thought and nature as the final goal of science, Ernst Cassirer, on functional concepts of natural science; part 4, from 19101927, includes chapters by Charles Dunbar Broad, on phenomenalism, Alfred North Whitehead, on time, space, and material, Bertrand Russell, on the world of physics and the world of sense, Norman Robert Cambbell, on the meaning of science, Moritz Schlick, on basic issues of the philosophy of natural science, and Percy Williams Bridgman, on the concepts of space, time, and causality. Philosophy of Science provides a concise single volume text to the discipline and enables students to understand and evaluate the various trends in our contemporary philosophy of science. Joseph J. Kockelmans is professor emeritus of philosophy at the Pennsylvania State Univers. (shrink)

he relationship between metaphysics and science has recently become the focus of increased attention. Ladyman and Ross, in particular, have accused even naturalistically inclined metaphysicians of pursuing little more than the philosophy of A-level chemistry and have suggested that analytic metaphysics should simply be discontinued. In contrast, we shall argue, first of all, that even metaphysics that is disengaged from modern science may offer a set of resources that can be appropriated by philosophers of physics in (...) order to set physics within an interpretational framework. Secondly, however, we shall urge that insofar as metaphysics is intended to be more than just a toolbox it needs to accommodate the implications of physics if many of its core claims are to be sustained. We shall illustrate this last point with a discussion of the nature of laws and modality in the context of modern physics. (shrink)

On Newton’s view understanding of the fundamental character of anything can only come from knowledge about that thing, gained from experience, he sought experimental knowledge of light, for example, that would provide, not in the first instance support for a prior theory of its nature, but some systematic basis for further investigation--and--possibly--an eventual more fundamental theory. Among the things to hope for as results of an investigation is the discovery both of new questions that may be profitably pursued and new (...) instrumentalities for conducting further investigations. In Newton’s account of the nature of body, lawsplay a central role; and it is regularities--laws of behavior--that he primarily sought in his study of phenomena. It is these that make the results of the investigations what I have called “systematic.”. (shrink)

Herbert Hart and the positivists influenced by him have, according to Nigel Simmonds, deflected attention from the question that has always been at the heart of philosophical reflection on law. This question concerns the relationship between law and morality and how we should understand it. Simmonds argues that law and morality are necessarily related and seeks to explain their relationship by reference to an archetype that actually existing legal institutions approximate more or less adequately. He identifies this archetype as providing (...) the basis for an analysis of law that is free from metaphysics and universally applicable. This review article raises doubts concerning Simmonds’ claims to offer a metaphysics-free and universal analysis. It also offers an argument in support of the conclusion that he has failed to point up the complexity of the positivist tradition he criticizes. While Simmonds is vulnerable to these criticisms, he throws light on an egalitarian philosophy of government that informs legal institutions in the West and is relevant to positivist analyses of law. (shrink)

While many 20th-century fads in philosophy and theology have come and gone, McInerny's faith in Aristotelian-Thomism was boldly prophetic. His defenses of natural theology and law helped to create dialogue between theists and non-theists, and to provide a philosophical basis for Catholic theology.

According to dispositional realism, or dispositionalism, the entities inhabiting our world possess irreducibly dispositional properties – often called ‘powers’ – by means of which they are sources of change. Dispositionalism has become increasingly popular among metaphysicians in the last three decades as it offers a realist account of causation and provides novel avenues for understanding modality, laws of nature, agency, free will and other key concepts in metaphysics. At the same time, it is receiving growing interest among philosophers of (...) science. This reflects the substantial role scientific findings play in arguments for dispositionalism which, as a metaphysics of science, aims to unveil the very foundations of science. The present collection of essays brings together both strands of interest. It elucidates the ontological profile of dispositionalism by exploring its ontological commitments, and it discusses these from the perspective of the philosophy of science. The essays are written by both proponents of dispositionalism and sceptics so as to initiate an open-minded, constructive dialogue. (shrink)

Kant's Moral Law: Groundwork of the Metaphysics of Morals ranks with Plato's Republic and Aristotle's Ethics as one of the most important works of moral philosophy ever written. In Moral Law, Kant argues that a human action is only morally good if it is done from a sense of duty, and that a duty is a formal principle based not on self-interest or from a consideration of what results might follow. From this he derived his famous and controversial (...) maxim, the categorical imperative: "Act as if the maxim of your action were to become by your will a universal law of nature." H. J. Paton's translation remains the standard in English for this work. It retains all of Kant's liveliness of mind, suppressed intellectual excitement, moral earnestness, and pleasure in words. The commentary and detailed analysis that Paton provides is an invaluable and necessary guide for the student and general reader. (shrink)

Giorgio Agamben has gained widespread popularity in recent years for his rethinking of radical politics and his approach to metaphysics and language. However, the extraordinary breadth of historical, legal and philosophical sources which contribute to the complexity and depth of Agamben's thinking can also make his work intimidating. Covering the full range of Agamben's work, this critical introduction outlines Agamben's key concerns: metaphysics, language and potentiality, aesthetics and poetics, sovereignty, law and biopolitics, ethics and testimony, and his powerful (...) vision of post-historical humanity. Highlighting the novelty of Agamben's approach while also situating it in relation to the work of other continental thinkers, "The Philosophy of Agamben" presents a clear and engaging introduction to the work of this original and influential thinker. (shrink)

This paper develops an account of the metaphysics of fundamental laws I call “the Package Deal Account ” that is a descendent of Lewis’ BSA but differs from it in a number of significant ways. It also rejects some elements of the metaphysics in which Lewis develops his BSA. First, Lewis proposed a metaphysical thesis about fundamental properties he calls “Humean Supervenience” according to which all fundamental properties are instantiated by points or point sized individuals and the only (...) fundamental relations are geometrical spatial and temporal relations between these. While the BSA does not require HS Lewis seems to hope that it is true. In contrast, the PDA is not committed to HS or even to the fundamental arena in which fundamental properties are instantiated possessing geometrical structure and thus is able to accommodate relations and structures found in contemporary physics that apparently conflict with HS. Second, although Lewis’ BSA doesn’t require HS his Humeanism does require that fundamental properties are categorical. In contrast, the PDA allows for the possibility that fundamental properties are individuated in terms of laws and so are not categorical. Third, the PDA expands and develops the criteria for what counts in favor of a candidate system with more attention to the criteria employed by physicists in evaluating proposed theories. Fourth and most importantly, unlike Lewis’ BSA, the PDA does not presuppose metaphysically primitive elite properties/quantities that Lewis calls “perfectly natural” properties/quantities or presuppose a metaphysically preferred language whose terms denote such properties/quantities. It replaces Lewis’ account with an account on which natural properties are not metaphysically prior to the laws but are elements of a package that includes a fundamental arena that plays the role of space-time as well as fundamental laws and properties. By doing so it responds to some epistemological and metaphysical issues that have been raised regarding natural properties and their role in the BSA. In sum, the PDA goes further in explicating the notion of laws in terms of the aims and practices of science especially fundamental physics rather than in terms of prior metaphysics. I begin by reviewing Lewis’ account of perfectly natural properties and his Humean BSA of laws. (shrink)

Philosophy of Science: An Anthology assembles some of the finest papers in the philosophy of science since 1945, showcasing enduring classics alongside important and innovative recent work. Introductions by the editor highlight connections between selections, and contextualize the articles Nine sections address topics at the heart of philosophy of science, including realism and the character of scientific theories, scientific explanations and laws of nature, singular casusation, and the metaphysical implications of modern physics Provides an authoritative and accessible (...) overview of the field. (shrink)

From the Reformation to the present, German political philosophy has done much to shape the contours of theoretical debate on politics, law, and the conditions of political legitimacy; many of the most decisive and influential theoretical impulses in European political history have originated in Germany. Until now, there has been no thorough history of German political philosophy available in English. This book offers a synoptic account of the main debates in its evolution. Commencing with the formal reception of (...) Roman law and the constitutional reforms in the Holy Roman Empire in the late fifteenth century, German Political Philosophy includes chapters on: · the political ideas of Luther, Zwingli and Melanchthon in the Reformation; · the natural-law theories of the early German Enlightenment; · Kant, Hegel and the age of German idealism; · romanticism and historicism; the Young Hegelians and Karl Marx; · legal positivism and organic theory; · Nietzsche, Weber and early sociology; · neo-Kantianism in the late nineteenth century; · constitutional theory in the Weimar Republic; · the critical theories of the Frankfurt School; · post-1945 sociological functionalism; · Niklas Luhmann's systems theory. At the heart of this book is the claim that, despite - or perhaps because of - the great upheavals and ruptures in the history of state-formation in Germany, there are certain recurrent themes and concerns which persist through these discontinuities to give a distinctive character to German political reflection. This valuable book will be of great interest to political philosophers, intellectual historians, lawyers, and historical sociologists.'. (shrink)

This book is a systematic introduction to the outlines of contemporary analytical and normative jurisprudence, intended for use in introductory courses in which philosophy of law plays a role. It is clearly written, concise, and organized in a way that fits with major books of readings in philosophy of law.

In lieu of an abstract, here is a brief excerpt of the content:NOTES AND DISCUSSIONS 77 as indicated, makes a highly convincing case, if not for his thesis, at least for his approach. We need more such research. The history of philosophy must be more than the history of philosophies. But is a method which excludes subjective elements and treats ideologies only in function of material factors really total? Refusing to admit the "idealistic" notion of a kind of freedom, (...) of human self-possession, independent not of history (of which it is a part) but of historical determinism, the materialist is driven into rationalizations as baroque as those of the idealist he fights. The substantial uses of the materialist approach, which S~ve makes clear, have been too much ignored; and ideological interpretations tend, as he says, to confuse issues too uncomfortable to face. But materialism too has its ideological confusions which cannot be discerned by autocriticism alone. For who is to see whether the tree continues to be when there's no one about in the quad? EUGEN WEBER University of California, Los Angeles THE PHILOSOPHYOF CHARLES SECRETAN 1815.1895 The philosophy of Seer&an is still important. It best illustrates the nature of the thought of Romanic French-speaking Switzerland in its perpetual attempt to keep up-to-date and to combine science (as exact knowledge) with religion (that is, Christianity). To this day Romanic Swiss thought is a strange mixture of science, speculation, civics, democracy, pedagogics, and traditional Christianity. We find all these elements in Charles Secr6tan, but his thought is also important when taken by itself. Moreover, it illustrates what some scholars call the spiritual greatness of the nineteenth century. Charles Secr6tan was born in 1815 at Lausanne. As a child he was precocious. At the age of four he read short stories fluently. In his youth he was fond of books and had a vivid sense of the beauty of nature. His father was a magistrate tending to Voltairian skepticism. His mother was a devout woman but very reserved and of few words. Charles studied law at the Academy (University) of his city. He came to accept the political liberalism of that day but also underwent the influence of the current religious Rdveil. This was an individualistic awakening of personal Christianity in opposition to the dead orthodoxy and church-conformity of the previous century. In other words, Secrdtan came to believe that adherence to a religion should involve something personally felt, rather than a mere following of the mores of the community. Between 1835 and 1840, he spent some semesters in Munich, studying under Schelling. Later he was to insist upon the originality of his philosophy and its independence of that of his early teacher. In 1837, Seer&an founded the Swiss Review. The next year he was called to teach 78 HISTORY OF PHILOSOPHY Philosophy at the Lausanne Academy. He was suspended by the radical revolution (a sort of demagogery) of 1845. In 1850 he was called to Neuch~ttel and in 1866 recalled to Lausanne where he died in 1895--exactly eighty years old. In the Lausanne Academy, Secr6tan had as a colleague his old friend Alexander Vinet (1797-1847). He found in Vinet a religious force which uplifted his spirit. Vinet was a literary critic, a poet and a professor of the art of preaching, while Secr6tan was a philosopher. Yet Secr6tan owed to Vinet the conviction that no religious doctrine is worthy of acceptance unless it possesses a moral value in itself and in relation to man. The philosophical career of Secr6tan is characterized by three distinct stages (metaphysical, ethical, and sociological) each of which finds expression in an important work: La Philosophie de la Libertd (1849), Le Principe de la Morale (1883), and La Civilisation et la Croyance (1887). We shall therefore consider most briefly Secr~tan's metaphysics, ethics, and sociology. Metaphysics. The starting point of Secr~tan is his contrast of the domain of the conscience (wherein we find being) with the domain of external experience (phenomena). "All our ideas of being come from the fact that [when we affirm something to be] we mean that this something [which is] is analogous to that which we think of when we say 'I am' " (Philosophie de... (shrink)

The philosophical or metaphysical architecture of Darwin's theory of evolution by natural selection is analyzed and diflussed. It is argued that natural selection was for Darwin a paradigmatic case of a natural law of change — an exemplar of what Ghiselin (1969) has called selective retention laws. These selective retention laws lie at the basis of Darwin's revolutionary world view. In this essay special attention is paid to the consequences for Darwin's concept of species of his selective retention laws. Although (...) Darwin himself explicity supported a variety of nominalism, implicit in the theory of natural selection is a solution to the dispute between nominalism and realism. It is argued that, although implicit, this view plays a very important role in Darwin's theory of natural selection as the means for the origin of species. It is in the context of these selective retention laws and their philosophical implications that Darwin's method is appraised in the light of recent criticisms, and the conclusion drawn that he successfully treated some philosophical problems by approaching them through natural history. Following this an outline of natural selection theory is presented in which all these philosophical issues are highlighted. (shrink)

It is natural for us — living after the Darwinian Revolution and the neo-Darwinian synthesis — to consider the adoption of evolution by natural selection as unconditionally rational, because it now seems the best theory or explanation of many phenomena. Nonetheless, if we take historical inquiry seriously, as allowing us to probe into the ground of our knowledge, the roots of even this “rational” Darwinism might be unearthed. Darwinian doctrine betrays a deceptive desire for unity and simplicity of principle, and (...) belief that the mechanistic aspect of nature is of the highest significance. Such crucial but questionable presuppositions are more easily discerned historically, insofar as they chronologically preceded Darwin's particular theoretical conviction and were even set off as a metaphysics of divine law.We have seen how Darwin's teaching about nature emerged within that theistic metaphysics. It emerged in a prior metaphysical debate in his mind between the contemporary belief in special creations and the belief in a designed hierarchy of physical laws. One can hardly deny that Darwin favored the superior side in this contest; but the contest was a narrow one whose basic premises he never clearly criticized. On the one hand, of course, his conviction about a lawful genesis inspired him to take a broad view of things and to seek out important general phenomena. But, on the other hand, it ensured that his new empirical notions would be easily drawn into the preferred cosmology. Historically, this seems to have occurred in Darwin's adoption of Malthus' principle of population and his extension of it to the whole account of descent: Malthusianism was readily attached to an ultimate scheme of things. Consequently, the key concepts that Darwin developed out of his Malthusian views — “perfect adaptation” and “selection” — reflect his cosmological prepossession, his desire to express a total and teleological process of creation. Perhaps our most valuable, and most undervalued, token of Darwin's metaphysical orientation is his reliance on a human technique (selective breeding) to explain “Nature's” way. In sum, to understand Darwin's faith in his “grand view of life,” we should not ignore the metaphysics that preceded and structured it, the metaphysics that linked the principles of contemporary science to primordial creation. Nor should we fail to see that such a metaphysics leads natural philosophy into a shadowy realm, where system can come to look like science, and one insight like an absolute. (shrink)