The series "Philosophers and Law" selects and makes available the most important essays in English that deal with the application to law of the work of major philosophers for whom law was not a main concern. The essays are based on scholarly study of particular philosophers and deal with both the nature and role of law and the application of philosophy to specific areas of law.

Cognitive Science, Volume 46, Issue 6, June 2022.

More than any other textbook, Moore and Parker's Critical Thinking has defined the structure and content of the critical thinking course at colleges and universities across the country--and has done so with a witty writing style that students enjoy. Now in full-color, the eighth edition brings the concepts of critical thinking to life in vivid detail, with current examples relevant to today's students.

INTRODUCTION Philonous: You see, Hylas, the water of yonder fountain, how it is forced upwards, in a round column, to a certain height, at which it breaks ...

ABSTRACT: I argue in this article that, contrary to some recent views, Berkeley’s bundle theory of physical objects is incompatible with the thinking that we immediately perceive such objects. Those who argue the contrary view rightly stress that immediate perception of ideas or objects must be non-conceptual for Berkeley, that is, the concept of the object cannot be made use of in the perception, otherwise it would be mediate perception. After a brief look at the texts, I contrast how a (...) direct realist view of immediate perception differs significantly from a bundle theorist’s view. The difference is so great that one rationale for the alternative view, the claim that Berkeley allies himself with common sense by claiming we immediately perceive physical objects, loses plausibility.RÉSUMÉ: Je soutiens dans cet article que, contrairement à certaines interprétations récentes, la théorie de Berkeley sur la collection d’idées relatives aux objets matériels (bundle theory) est incompatible avec la pensée que nous percevons ces objets defaçon immédiate. Ceux qui ont soutenu le contraire remarquent à juste titre que la perception immédiate des idées ou des objets doit être non conceptuelle pourBerkeley : le concept de l’objet ne peut servir lors de la perception, car il s’agirait alors d’une perception médiate. Suite à un rapide tour d’horizon des textes pertinents, je fais ressortir à quel point une théorie réaliste sur la perception immédiate differe d’une théorie sur la collection d’idées (bundle theory). Ces positions diffèrent tant et si bien que le principe d’exégèse suivant lequel Berkeley se réclamerait du sens commun en défendant que nous percevons les objets materiels de manière immédiate doit être remis en question. (shrink)

A number of early modern philosophers deny that corporeal non-minded nature contains efficient or strict causes. For Berkeley the passivity of ideas (hence PI) expresses this view. My aim is to look at two possible arguments – I call them strategy 1, and strategy 2 – Berkeley makes, or others make in his behalf, for PI. I conclude that they are unsatisfactory. I’m particularly interested whether Berkeley’s distinctive doctrine that objects of sense are mind-dependent, i.e., that no corporeal object can (...) exist unperceived, supports PI. I argue it doesn’t. (shrink)

This article explores the kind of detachment needed to conduct comparative law scholarship and teaching, as well as implement its application to practical problems. The full and fair comparison of the law requires a cosmopolitan view which embodies some degree of detachment from adherence to the laws of one's ``home". The Enlightenment efforts to build a science of comparative law to achieve this detachment failed. Modern inheritors of the Enlightenment approach have similarly failed. In a series of articles, I argue (...) that we must return to the ancient effort to achieve a new ``objectivity" through Hellenic deliberation, Hellenistic detachment, Roman rhetoric, Christian dialectic and the canonics of the empire's codification process. This article focuses upon the Hellenistic contributions to achievement of cosmopolitan detachment. The Cynic, Skeptic Stoic and Epicurean doctrines and ethical education offer an alternative route to the detachment necessary for a comparative law. (shrink)

In the First of the Three Dialogues, Berkeley’s Hylas, responding to Philonous’s question whether extension and motion are separable from secondary qualities, says: What! Is it not an easy matter, to consider extension and motion by themselves,... Pray how do the mathematicians treat of them?

Due to his theory of 'immaterialism' and Schopenhauer's regard of him as the 'father of idealism', George Berkeley (1685-1753) is one of the most important thinkers of the Early Modern period. "The Bloomsbury Companion to Berkeley "is a comprehensive one volume reference guide to his life, thought and work. In twenty six original essays, a team of leading international scholars of Modern Philosophy cover all of Berkeley's writings, from the major works such as his Principles of Human Knowledge through to (...) minor works, unpublished manuscripts and correspondence, providing readers with a complete and accessible source of information to the entire corpus of Berkeley's writings. The book is supported by a substantial dictionary of major terms and extended essays on key themes in Berkeley's thought. In addition, the book includes sections covering Berkeley's life and times, and also his intellectual influence and legacy. "The Bloomsbury Companion to Berkeley "is an indispensable resource for anyone working on the history of Early Modern philosophy at any level and the definitive textbook to Berkeley's life and work. (shrink)

Berkeley in his Introduction to the Principles of Human knowledge uses geometrical examples to illustrate a way of generating “universal ideas,” which allegedly account for the existence of general terms. In doing proofs we might, for example, selectively attend to the triangular shape of a diagram. Presumably what we prove using just that property applies to all triangles.I contend, rather, that given Berkeley’s view of extension, no Euclidean triangles exist to attend to. Rather proof, as Berkeley would normally assume, requires (...) idealizing diagrams; treating them as if they obeyed Euclidean constraints. This convention solves the problem of representative generalization. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Berkeley and Proof in GeometryVolume 51, Issue 3RICHARD J. BROOK DOI: https://doi.org/10.1017/S0012217312000686Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Berkeley and Proof in GeometryVolume 51, Issue 3RICHARD J. BROOK DOI: https://doi.org/10.1017/S0012217312000686Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Berkeley and Proof in GeometryVolume 51, Issue 3RICHARD J. BROOK DOI: https://doi.org/10.1017/S0012217312000686Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Respect is one of the central concepts in contemporary moral thought. It plays a prominent role in everyday, pre-philosophical moral thinking, as well as in recent moral theory and applied ethics. Yet basic questions about the concept and role of respect have received less attention than might be expected. This volume takes up some of these basic questions. The book is not meant to be a comprehensive handbook that covers all aspects of the topic of respect, nor is the focus (...) of the book mainly historical. Rather, the aim is to give leading experts in the field a chance to present their latest ideas and point the research on respect in new directions. Following an introductory historical essay, Part I addresses questions of what respect is, its nature and basis. Part II examines questions in moral theory, for example what exactly ought to be respected, what role respect plays in morality, and which different types of respect are appropriate and morally significant. Part III deals with the practical application of requirements of respect. The essays in this volume will be of interest both to scholars and students working on issues of respect and to anyone interested in this central moral notion. (shrink)

Proponents of two axioms of biological evolutionary theory have attempted to find justification by reference to nonequilibrium thermodynamics. One states that biological systems and their evolutionary diversification are physically improbable states and transitions, resulting from a selective process; the other asserts that there is an historically constrained inherent directionality in evolutionary dynamics, independent of natural selection, which exerts a self-organizing influence. The first, the Axiom of Improbability, is shown to be nonhistorical and thus, for a theory of change through time, (...) acausal. Its perception of the improbability of living states is at least partially an artifact of closed system thinking. The second, the Axiom of Historically Determined Inherent Directionality, is supported evidentially and has an explicit historical component. Historically constrained dynamic populations are inherently nonequilibrium systems. It is argued that living, evolving systems, when considered to be historically constrained nonequilibrium systems, do not appear improbable at all. Thus, the two axioms are not compatible. Instead, the Axiom of Improbability is considered to result from an unjustified attempt to extend the contingent proximal actions of natural selection into the area of historical, causal explanations. It is thus denied axiomatic status, and the effects of natural selection are subsumed as an additional level of constraint in an evolutionary theory derived from the Axiom of Historically Determined Inherent Directionality. (shrink)

Th e recent revival of Berkeley studies in the last three decades or so make it interesting to look back at George Santayana’s discussion of Berkeley. Th ough Santayana understood the latter’s arguments for immaterialism, he claimed no one could both seriously accept immaterialism, and live, as Berkeley certainly did, an embodied life. As he writes of Berkeley, “Th is idealist was no hermit” (205). Santayana claimed that without matter there was nothing (“no machinery”) for the soul to work on. (...) For a soul (mind) the machinery consists of material objects including one’s body. In this, paper, aft er some introductory comments, particularly on some aspects of early modern philosophy, e.g. the theory of ideas, which Berkeley largely accepts, and the metaphysics of indirect realism which he rejects, I look at the issue of human embodiment, and conclude, although Santayana perhaps misread important aspects of Berkeley’s discussion, he is largely correct in noting that Berkeley’s idealism/immaterialism can’t capture the special relation we have to our bodies. (shrink)

Berkeley, Newton, Explanation, and Causation -/- I argue in this paper that Berkeley’s conception of natural law explanations, which echoes Newton’s, fails to solve a fundamental problem, which I label “explanatory asymmetry"; that the model of explanation Berkeley uses fails to distinguish between explanations and justifications, particularly since Berkeley denies real (efficient causes) in non-minded nature. At the end I suggest Berkeley might endorse a notion of understanding, say in astronomy or mechanics, which could be distinguished from explanation.

I argue that Berkeley's distinctive idealism/immaterialism can't support his view that objects of sense, immediately or mediately perceived, are causally inert. (The Passivity of Ideas thesis or PI) Neither appeal to ordinary perception, nor traditional arguments, for example, that causal connections are necessary, and we can't perceive such connections, are helpful. More likely it is theological concerns,e.g., how to have second causes if God upholds by continuously creating the world, that's in the background. This puts Berkeley closer to Malebranche than (...) to Hume. -/- As far the what I call the "first strategy;" defending the passivity of ideas by ordinary introspection, I refer to the work of the French psychologist Albert Michotte,(1940) and those now extending his experiments, to show that (1) there is an immediate and quite robust visual impression of causality, (admitted in fact by Berkeley, Malebranche and Hume) and (2) of more importance, the impression isn't due to projecting into nature expectations gained from experienced regularities. (shrink)

Abstract Tom Dougherty observes that challenges to counting the numbers often cite John Taurek’s 1977 article, “Should the Numbers Count.” Dougherty, though sympathetic to Taurek’s (and others) critique of consequentialism’s aggregating good across individuals, defends a non-consequentialist principle for addition he calls “the Ends Principle. Take the case (he labels “Drug”) when an agent, possessing a dose of a lifesaving drug, can save one person with the entire dose, or two people, each of whom only need half the dose. Dougherty (...) argues that a rational agent, summing her altruistic goals (three), but unable to save all three, will save two. I give two criticisms of Dougherty’s paper. (1) He hasn’t ruled out, though acknowledging, the equal chance principle as deontological grounds for deciding Drug. (2) An agent using the Ends Principle in Drug, as he formulates it, will not have the requisite aims to make use of the Principle. I also consider an issue, little discussed, the conditions for aggregation in general. (shrink)

Our understanding of the complexity of the oral biome and of the role of the various constituent bacteria in the aetiology of dental disease is growing. Probiotics and their relationship with prebiotics, as well as other microbiome‐based interventions, could be useful in preventing and treating dental disease and in promoting oral health. However, given the promise and early stage of this treatment approach, there are also a number of ethical, social and regulatory issues associated with innovative probiotic therapy. In this (...) article, a brief update is given on contemporary theories of the aetiology and management of the two commonest dental diseases, and on the roles of pre‐ and probiotics and oral biome transplant in the management of these diseases. The focus is primarily on four core issues: informed consent, risk–benefit assessment, how to determine suitable healthy donors, and commercialization and regulation. We discuss the safety and benefits of oral probiotics, not only concerning the products and quality control during their manufacture, but also regarding the depth of public knowledge about this topic. We point out that the requirement of listing ingredients honestly might be insufficient, and that the prevalent rhetoric of ‘natural’ and ‘organic’ as well as some health claims in the translational, innovative probiotic industry and markets are themselves misleading and should be carefully scrutinized. Finally, we suggest an ethical imperative to find a balance between scientific research and industry, and public health in the regulation of probiotics. (shrink)