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)

This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the 'legal imagination'. Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout (...) the legal system. The collection probes 'the transatlantic constitution' and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. (shrink)

While recognizing that H.L.A. Hart’s The Concept of Law has exerted a powerful and continuing influence on general jurisprudence, Brian Simpson finds it wanting. Simpson argues that Hart’s determination to make broad generalizations about the nature of a legal system deflected him from the important task of attending to the particularities of actually-existing law. Moreover, he identifies Hart as a ‘hedgehog’ in Isaiah Berlin’s sense: a thinker whose work gives expression to a ‘single central vision’ (in Hart’s case, law as (...) a system of rules). This critique of Hart leads Simpson to argue for an approach to legal philosophy that is more attentive to the details of existing legal systems. But Simpson fails to present his readers with the theoretical approach for which he argues. This essay seeks to make good this deficiency in his response to The Concept of Law. To this end, it uses the writings of two philosophers on whom Simpson draws (Berlin and Michael Oakeshott) with the aim of enriching Hart’s contribution to general jurisprudence. Moreover, it finds in this Hart-Oakeshott-Berlin-based interdisciplinary theory (HOBBIT) a basis on which to throw much light on Britain as a distinctive form of politico-legal life. (shrink)

This book addresses concerns about educational and moral standards in a world increasingly characterised by nihilism. On the one hand there is widespread anxiety that standards are falling; on the other, new machinery of accountability and inspection to show that they are not. The authors in this book state that we cannot avoid nihilism if we are simply _laissez-faire_ about values, neither can we reduce them to standards of performance, nor must we return to traditional values. They state that we (...) need to create a new set of values based on a critical assessment of contemporary practice in the light of a number of philosophical texts that address the question of nihilism, including the work of Nietzsche. (shrink)

The tendency for judges to respond positively to negligence claims advanced by those who have rendered assistance to accident victims has recently come into collision with the judicial impulse to limit the range of circumstances in which recovery can be made for psychiatric injury. The upshot of this collision is identified as a reduction in the range of circumstances in which those rendering assistance to accident victims can recover for psychiatric harm. This development is criticized on the ground that it (...) has compromised pursuit of what is identified as one of the law's subsidiary purposes: namely, the promotion (in a narrow range of circumstances) of strongly altruistic activity. The ground for making this criticism is found in a body of doctrine that supports the claim that the law is informed by a commitment to the altruism principle. This principle is contrasted with the narrower rescue principle and is identified as supporting not only the claims of rescuers but also those of persons who render assistance in the aftermath of particularly harrowing accidents. While the House of Lords» decision is identified as exhibiting insensitivity to the altruism principle, it is none the less concluded that the position staked out by their Lordships is defensible. Support for this conclusion is found in the ideal of distributive justice, which provided one of the grounds for the House's decision in White. Further, the relationship between the ideal of corrective justice and the ideal of distributive justice is identified as a source of significant tension in the law of negligence. (shrink)

Much mainstream legal comment on human rights law presents an unhelpfully crude picture of disagreement concerning the significance that should be attached to human rights in particular cultural co...

This chapter contains sections titled: I II III.

A set of amino acid side chains that confer specificity for the coenzyme NADPH and the substrate glutathione in the flavoprotein disulphide oxidoreductase, glutathione reductase, has been identified. Systematic replacement of these amino acid residues in the coenzyme‐binding site switches the specificity of the enzyme from its natural strong preference for NADPH to a marked preference For NADH. The amino acids replaced all lie in a structural motif within the dinucleotide‐binding domain of the protein. Since this domain is a feature (...) common to most dehydrogenases (reductases) that use nicotinamide coenzymes, it may be that the coenzyme specificities of all such enzymes can be manipulated in this way. Similarly, amino acid residues involved in the selective recognition of trypanothione by trypanothione reductase, an enzyme related to glutathione reductase and exclusive to trypanosomatids, were identified. Suitable mutation of the corresponding residues in E. coli glutathione reductase switched its substrate specificity towards trypanothione. A better understanding of the substrate specificity of these enzymes could open up a route to the chemotherapy of trypanosomal infections. (shrink)

> Wealthy nations must do much more, much faster. The United Nations General Assembly in September 2021 will bring countries together at a critical time for marshalling collective action to tackle the global environmental crisis. They will meet again at the biodiversity summit in Kunming, China, and the climate conference 26) in Glasgow, UK. Ahead of these pivotal meetings, we—the editors of health journals worldwide—call for urgent action to keep average global temperature increases below 1.5°C, halt the destruction of nature (...) and protect health. Health is already being harmed by global temperature increases and the destruction of the natural world, a state of affairs health professionals have been bringing attention to for decades.1 The science is unequivocal; a global increase of 1.5°C above the preindustrial average and the continued loss of biodiversity risk catastrophic harm to health that will be impossible to reverse.2 3 Despite the world’s necessary preoccupation with COVID-19, we cannot wait for the pandemic to pass to rapidly reduce emissions. Reflecting the severity of the moment, this editorial appears in health journals across the world. We are united in recognising that only fundamental and equitable changes to societies will reverse our current trajectory. The risks to health of increases above 1.5°C are now well established.2 Indeed, no temperature rise is ‘safe’. In the past 20 years, heat-related mortality among people aged over 65 has increased by more than 50%.4 Higher temperatures have brought increased dehydration and renal function loss, dermatological malignancies, tropical infections, adverse mental health outcomes, pregnancy complications, allergies, and cardiovascular and pulmonary morbidity and mortality.5 6 Harms disproportionately affect the most vulnerable, including children, older populations, ethnic minorities, poorer communities and those with underlying health problems.2 4 Global heating is also contributing to the decline in …. (shrink)

Richard Hooker is one of the greatest theologians of the Church of England. In the light of fierce recent debate, this book argues vigorously against the new orthodoxy that Hooker was a Reformed or Calvinist theologian. In so doing it considers such central religious questions as human freedom, original sin, whether people can deserve salvation, and the nature of religious authority.

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

Transcendent Individual is an anthropological account of individual creativity and its conscious engagement in society. Drawing widely on ethnographic and theoretic material, and bringing into debate a range of voices--Nietzsche, Wilde and Forster, Bateson and Gerald Edelman, George Steiner, Richard Rorty and John Berger, Edmund Leach and Anthony Cohen--the book approaches individuality in terms of a range of issues: biological integrity, consciousness, agency, democracy, discourse, knowledge, consumerism, globalism and play.

Widely showered with superlatives when it was first published in 1996, and now commonly regarded as a masterpiece, Richard Hays's The Moral Vision of the New Testament (1996) constructs a pacifist reading of the New Testament. To date, Hays's reading has provoked no systematic refutation from proponents of the doctrine of just war. This essay hopes to offer such a refutation. Its argument has three main planks. First, that Hays's reading of the New Testament stories about god-fearing soldiers, who (...) persist in their profession, is not compelling; second, that he fails to specify sufficiently the meaning of Jesus' teaching and conduct in terms of Jesus' own context (particularly the option of armed violence in the service of religiously inspired nationalism); and third, that Hays's normative moral concepts are often too crude, suffering from a failure to employ valid moral distinctions. The essay concludes by arguing that the doctrine of just war is better able than pacifism to make adequate sense of all the relevant New Testament data. (shrink)

The London suicide bombings of July 7, 2005 were partly the revolt of moral earnestness against a liberal society that, enchanted by the fantasy of rationalist anthropology, surrenders its passionate members to a degrading consumerism. The “humane” liberalism variously espoused by Jürgen Habermas, John Rawls, and Jeffrey Stout offers a dignifying alternative; but it is fragile, and each of its proponents looks for allies among certain kinds of religious believer. Stanley Hauerwas, however, counsels Christians against cooperation. On the one hand, (...) he is right to resist, insofar as liberalism illiberally excludes theology from public discourse. On the other hand, not all humane liberalism does this: Stout's, for example, is genuinely polyglot, requiring not a common secularist language but a common ethic of communicating. Such a liberal ethic and its attendant anthropology merit the support of Christians: there may be more to be said about the Kingdom of God than respect, tolerance, and fairness, but there will not be less. The Christian has good theological reasons to expect some concord with other inhabitants of secular space. Ethical distinctiveness is no measure of theological integrity; and neither theology (pace Barth) nor biblical narrative (pace Richard Hays) should be expected to do all of the ethical running. If Christians are to be thorough in their moral theology and intelligible in their public statements, then they must borrow non‐theological material, formulate abstract concepts, and engage in casuistical analysis. Nevertheless, if an anxious insistence on distinctiveness is a mistake, concern for theological integrity is not. When the moral theologian borrows ethical material from elsewhere, he should integrate it into a theological vision structured by the Christian salvation‐historical narrative, which will sometimes modify the meaning of what is incorporated. So in affirming humane, polyglot liberalism, the moral theologian will at the same time make salutary qualifications. One of these is the assertion of the need of liberal institutions to own and promote their moral and anthropological commitments. In such a confessionally liberal society, universities in general, and the Arts and Humanities in particular, would recover their vocation to form citizens in communicative virtues and to offer them a dignifying, morally serious vision of human being that could save future generations from a degrading consumerism on the one hand and violent over‐reaction on the other. (shrink)

This response has two parts: a reply to Nigel Biggar's specific criticisms of my exegesis and an appeal for attention to more fundamental theological issues. Biggar generally disregards the narrative and epistolary contexts of the verses he cites and introduces anachronistic conceptual distinctions. Beyond specific exegetical disagreements, his argument fails to address the broader christological, ecclesiological, and eschatological warrants for Christians to embody Jesus' way of peace. The moral vocation of the people of God is grounded in the story (...) of Jesus Christ. It is this story that makes just war theologically problematical. (shrink)

The paper considers whether psychiatric kinds can be natural kinds and concludes that they can. This depends, however, on a particular conception of ‘natural kind’. We briefly describe and reject two standard accounts – what we call the ‘stipulative account’ (according to which apparently a priori criteria, such as the possession of intrinsic essences, are laid down for natural kindhood) and the ‘Kripkean account’ (according to which the natural kinds are just those kinds that obey Kripkean semantics). We then rehearse (...) a more permissive account: Richard Boyd’s ‘homeostatic property cluster’ (HPC) account. We argue that psychiatric kinds can in principle count as natural kinds on the HPC account. Moreover, specific psychiatric kinds (Tourette’s, schizophrenia, etc.) can be natural kinds even if the category psychiatric disorder is not itself a natural kind. (shrink)

Paul Standish:Some people might expect us to start by explaining why we have written this chapter as a dialogue. Leaving aside the fact that Plato – to whom all philosophy, it has been said, is a series of footnotes – wrote in dialogue form, and never seems to have felt the need to tell us why, we might say that we have written it in this way because it is a dialogue. We push ideas to and fro, question each other, (...) disagree with each other, and so on.Reader:You say that it is a dialogue. Do you mean that this chapter is a transcription of an actual conversation between you?Richard Smith:There have been so many conversations among us that these pages are pretty well bound to be true to our spoken words at some time or another. And of course these conversations have involved Paul Smeyers too, and – for many years – Nigel Blake, whose presence can also be detected in these pages.Reader:So you are saying that there has been something essentially dialogic in your relationship with Paul Smeyers, and you felt that only a dialogue could do justice to that.Paul:Pretty much so. And while there is something worryingly self-confirming in justifying the dialogue form with a dialogic explanation, it would be odd to cast the justification in some other prose form, as if that were superior to dialogue in respect of clarity or persuasive power or in some other way.Richard:Then too dialogue is a fine medium for reminiscence, allowing for uncertainty, different perspectives, and debate rather than assuming that veridical record is what is at issue here.Paul:In any case, reminiscence is largely a way of revisiting philosophical projects and arguments from the past in order to subject their soundness to fresh critique.Reader:So, if I understand you, this dialogue is both true and fictive, and reminiscence looks forward, as much as back.Richard:Splendid. I only hope that what follows isn’t a disappointment to you. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:In Defence of War by Nigel BiggarMyles WerntzIn Defence of War Nigel Biggar oxford: oxford university press, 2013. 371 pp. $55.00Nigel Biggar’s recent work, In Defence of War, is, from the first page, a provocative work. Theological defense of military intervention has fallen on hard times in recent decades, though historically the tradition of Christian ethics tilts decidedly in this direction. Over seven chapters, Biggar offers (...) not a comprehensive analysis of just war but in many ways a theological apologia and retrieval of some of its more salient aspects. [End Page 202]Biggar opens his book by taking on the most well-known proponents of Christian pacifism (Stanley Hauerwas, John Howard Yoder, and Richard Hays), finding their collective work wanting on empirical and moral grounds, naming the “Anabaptist distinctive” as “theologically incoherent and morally hypocritical” (60). In the next chapter Biggar begins to unpack his realist account for Christian participation in war, exploring the role of love in combat, arguing that a form of “forgiving retribution” is intrinsic to a Christian account of forgiveness (71). This ethic, central to the moral deliberations of the just war tradition, is a scriptural ethic routinely ignored by pacifists.Throughout the work, Biggar defends against pacifisms of various types, both theological and philosophical. Chapter 5, for example, attends to the philosophical work of David Rodin, a contemporary critic of the just war theory; criticisms against both philosophical and theological pacifism likewise under-gird his chapters on double effect and interventionism. While Biggar gives a good deal of attention to philosophical and political pacifism, his Christian pacifist target seems to be quite narrow. The opening chapter, “Against Christian Pacifism,” focuses on the work of Hauerwas, Hays, and Yoder with the implicit assumption that, having dealt with them, Christian pacifism as such can be shown to be untenable. The reduction of the polyphony of Christian pacifism, however, to this recent Anabaptist-influenced work was not entirely persuasive.Later chapters take up various and often undiscussed aspects of the just war tradition, including the principle of double effect, proportionality, and the relation between the just war tradition and international positive law. In each of these chapters Biggar offers a theological account of war that is rich and multidisciplinary, with analysis that is not strictly analytical but deeply historical. Throughout the book, this reviewer was reminded of Michael Walzer’s classic Just and Unjust Wars, as Biggar peppers his comments with military history and firsthand accounts by soldiers in wars both modern and ancient. As the work unfolds, various case studies such as Kosovo and Iraq ground his discussions, avoiding much of the abstract argumentation that pervades so much literature on war ethics.In the end the virtues of Biggar’s volume lie not with a defeat of pacifism as an alternative approach to Christian ethics but with his careful descriptions and robust assessment of the contours of a Christian realist account of participation in war. Biggar rightly directs us to view just war not as a pragmatic concession but as a complicated facet of the moral life. The chapters on double effect, legal positivism, and especially his defense of the Iraq war as justifiable, are particularly worth the read and should be carefully debated. Biggar has done the discipline a great service by pushing ethicists beyond sloppy tropes and into the deeper waters of careful analysis of what a Christian account of war might look like. [End Page 203]Myles WerntzPalm Beach Atlantic UniversityCopyright © 2015 Society of Christian Ethics... (shrink)

The essays in this collection examine developments in three fundamental biological disciplines--embryology, evolutionary biology, and genetics--in conflict with each other for much of the twentieth century. They consider key methodological problems and the difficulty of overcoming them. Richard Burian interweaves historical appreciation of the settings within which scientists work, substantial knowledge of the biological problems at stake and the methodological and philosophical issues faced in integrating biological knowledge drawn from disparate sources.

This unique book clearly explains genetic and neuroimaging research on intelligence and how neuroscience findings may lead to enhancing it.

Examines modern controversies over Freud and Freudian thought while questioning the theory of infantile sexuality and showing where Freud consistently misdiagnosed his patients and failed to make his claimed cures.

It has been about fifty years since the topic of divine impassibility was the subject of book-length philosophical treatments in English. In recent years process and analytic philosophers have returned this issue to the forefront of professional attention. Divine Impassibility traces the issue of classical sources, relates the positions of nineteenth- and early twentieth-century books, and surveys the writings of contemporary British analytic philosophers such as Peter Geach, Anthony Kenny, Richard Swinburne, John Hick, and H. P. Owen, American analytic (...) philosophers such as Norman Kretzmann, Eleonore Stump, Nelson Pike, Robert Adams, and Bruce Reichenbach, and process philosophers such as Charles Hartshorne and Lewis Ford. The author shows that clear, adequate analysis of the issue must distinguish four respects in which God might be passible or impassible: nature, will, knowledge, and feeling. He shows also how decisions on this topic bear on numerous others in philosophical theology such as creation, eternality, evil, and human freedom. His creative proposals on these and other topics attempt to go beyond the difficulties of both classical and process conceptions of God. (shrink)

H.P. Grice is known principally for his influential contributions to the philosophy of language, but his work also includes treatises on the philosophy of mind, ethics, and metaphysics--much of which is unpublished to date. This collection of original essays by such philosophers as Nancy Cartwright, Donald Davidson, Gilbert Harman, and P.F. Strawson demonstrates the unified and powerful character of Grice's thoughts on being, mind, meaning, and morals. An introductory essay by the editors provides the first overview of Grice's work.

This book presents the remarkable correspondence between Alfred Schutz and Aron Gurwitsch, emigre philosophers influenced by Edmund Husserl, who fled Europe on the eve of World War II and ultimately became seminal figures in the establishment of phenomenology in the United States. Their deep and lasting friendship grew out of their mutual concern with the question of the connections between science and the life-world. Interwoven with philosophical exchange is the two scholars' encounter with the unfamiliar problems of American academic life—what (...) Gurwitsch called the "passology" of exile. Apart from its brilliant and moving portrait of two distinguished men, the correspondence holds rich significance for current issues in philosophy and the social sciences. (shrink)

Philosophers are increasingly coming to recognize the importance of Freudian theory for the understanding of the mind. The picture Freud presents of the mind's growth and organization holds implications not just for such perennial questions as the relation of mind and body, the nature of memory and personal identity, the interplay of cognitive and affective processes in reasoning and acting, but also for the very way in which these questions are conceived and an interpretation of the mind is sought. This (...) volume of essays, by some of today's leading philosophers, explores all these topics, as well as the methods, results and status of the theory itself, while two 'classical' discussions by Wittgenstein and Sartre are also included. A number of the contributions – those by Donald Davidson, W. D. Hart, Jim Hopkins, Adam Morton, David Pears and Richard Wollheim – have not been published before, and a very useful bibliography is provided. It is an anthology that will be vital to anyone interested in Freudian theory and, more generally, in philosophical psychology. (shrink)

Richard Sylvan died suddenly at the age of 60, when he had just completed this major text. But though this volume is the mature expression of one of our foremost modern philosophers, it remains, like all his work, pioneering, eclectic and controversial. Sylvan's theory of 'plurallism', the culmination of his life's work, is the subject of this important text. In his own characteristically provocative words, 'There is not merely a plurality of correct theories and more or less satisfactory worldviews: (...) there is a corresponding plurality of actual worlds. Plurality penetrates deeper in full plurallism than linguistic surface or than conceptual or theoretical structure, to worlds...There is no single fact of the matter, there are facts and matters.'. (shrink)

RICHARD RORTY has written one of the most important and challenging books to be published by an American philosopher in the past few decades. Some will find it a deeply disturbing book while others will find it liberating and exhilarating—both, as we shall see, may be right and wrong. Not since James and Dewey have we had such a devastating critique of professional philosophy. But unlike James and Dewey, who thought that once the sterility and artificiality of professional—and indeed (...) much of modern philosophy since Descartes—had been exposed, there was an important job for philosophers to do; Rorty leaves us in a much more ambiguous and unsettled state. I will examine Rorty’s book from a variety of perspectives, beginning with a general overview and then moving to more finely meshed descriptions. My aim is not only to illuminate the power and subtlety of Rorty’s analysis and to show its inner unity, but to locate basic issues that are left unresolved. (shrink)