Posner characterizes the current preoccupation with moral and constitutional theory as an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise, and advocates a rebuilding of the law on the basis of systematic empirical inquiry.

Early in the first volume of his Ideen zu einer reinen Phiinomeno logie und phiinomenologischen Philosophie, Edmund Husserl stated concisely the significance and scope of the problem with which this present study is concerned. When we reflect on how it is that consciousness, which is itself absolute in relation to the world, can yet take on the character of transcendence, how it can become mundanized, We see straightaway that it can do that only by means of a certain participation in (...) transcendence in the first, originary sense, which is manifestly the transcendence of material Nature. Only by means of the experiential relation to the animate organism does consciousness become really human and animal (tierischen), and only thereby does it achieve a place in the space and in the time of Nature. l Consciousness can become "worldly" only by being embodied within the world as part of it. In so far as the world is material Nature, consciousness must partake of the transcendence of material Nature. That is to say, its transcendence is manifestly an embodiment in a material, corporeal body. Consciousness, thus, takes on the characteristic of being "here and now" (ecceity) by means of experiential (or, more accurately, its intentive) relation to that corporeal being which embodies it. Accordingly, that there is a world for consciousness is a conse quence in the first instance of its embodiment by 2 that corporeal body which is for it its own animate organism. (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)

Attention to internal body sensations is practiced in most meditation traditions. Many traditions state that this practice results in increased awareness of internal body sensations, but scientific studies evaluating this claim are lacking. We predicted that experienced meditators would display performance superior to that of nonmeditators on heartbeat detection, a standard noninvasive measure of resting interoceptive awareness. We compared two groups of meditators (Tibetan Buddhist and Kundalini) to an age- and body mass index-matched group of nonmeditators. Contrary to our prediction, (...) we found no evidence that meditators were superior to nonmeditators in the heartbeat detection task, across several sessions and respiratory modulation conditions. Compared to nonmeditators, however, meditators consistently rated their interoceptive performance as superior and the difficulty of the task as easier. These results provide evidence against the notion that practicing attention to internal body sensations, a core feature of meditation, enhances the ability to sense the heartbeat at rest. (shrink)

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)

The universal acceptance of atomism in physics and chemistry in the early 20th century went along with an altered view on the epistemic status of microphysical conjectures. Contrary to the prevalent understanding during the 19th century, on the new view unobservable objects could be ‘discovered’. It is argued in the present paper that this shift can be connected to the implicit integration of elements of meta-empirical theory assessment into the concept of theory confirmation.

This paper highlights the significance of sensory studies and psychophysical investigations of the relations between psychic and physical phenomena for our understanding of the development of the physics discipline, by examining aspects of research on sense perception, physiology, esthetics, and psychology in the work of Gustav Theodor Fechner, Hermann von Helmholtz, Wilhelm Wundt, and Ernst Mach between 1860 and 1871. It complements previous approaches oriented around research on vision, Fechner’s psychophysics, or the founding of experimental psychology, by charting Mach’s engagement (...) with psychophysical experiments in particular. Examining Mach’s study of the senses and esthetics, his changing attitudes toward the mechanical worldview and atomism, and his articulation of comparative understandings of sensual, geometrical, and physical spaces helps set Mach’s emerging epistemological views in the context of his teaching and research. Mach complemented an analytic strategy focused on parallel psychic and physical dimensions of sensation, with a synthetic comparative approach – building analogies between the retina, the individual, and social life, and moving between abstract and sensual spaces. An examination of the broadly based critique that Mach articulated in his 1871 lecture on the conservation of work shows how his historical approach helped Mach cast what he now saw as a narrowly limiting emphasis on mechanics as a phase yet to be overcome. (shrink)

Richard Cross provides the first full study of Duns Scotus's theory of cognition, examining his account of the processes involved in cognition, from sensation, through intuition and abstraction, to conceptual thought. Cross places Scotus's thought clearly within the context of 13th-century study on the mind, and of his intellectual forebears.

Richard H. Bell analyzes the social and political thought of Simone Weil, paying particular attention to Weil's concept of justice as compassion. Bell describes the ways in which Weil's concept of justice stands in contrast with liberal 'rights-based' views of justice, and focuses upon central aspects of her thought, including 'attention,' human suffering and 'affliction,' and the importance of 'a spiritual way of life' in reshaping the individual's role in civic life.

Whereas his contemporaries were explicitly aware that the limits of memory called for scrupulous arrangement of one?s papers, Boyle?s papers remained chaotic throughout his life, necessitating a habitual recourse to memory. This invites consideration of Boyle?s views on the use of memory and notes, taking account of the precepts and options of his day. Like many other early modern virtuosi, Boyle made copious notes comprising both textual extracts and empirical information, but he did not maintain large commonplace books of the (...) kind recommended by Renaissance humanists; nor did he publicize an account of his note?taking methods, as John Locke did. However, through his early contacts with Samuel Hartlib, Boyle was exposed to the ways in which diverse information could be noted, stored and used. Furthermore, his practice exemplified the well?known dual function of notes as both prompting memory and relieving it. Boyle did not pause to write a sustained essay on these issues; nevertheless, scattered throughout his prefaces, advertisements, works, notebooks and manuscripts there are significant comments on his practice of making what he called ?loose notes?. Boyle was aware of the kinds of notes he kept and his reliance on both memory and notes as prompts to reflection and thought. (shrink)

Many of the errors that occur in children' subtraction are due to the use of incorrect strategies rather than to the incorrect recall of number facts. A production system is presented for performing written subtraction which is consistent with an earlier analysis of the nature of such a cognitive skill. Most of the incorrect strategies used by schoolchildren can be accounted for in a principled way by simple changes in the production system, such as the omission of individual rules or (...) the inclusion of rules appropriate to other arithmetical tasks. The production system model is evaluated against a corpus of over 1500 subtraction problems done by 10‐year olds and is shown to account for about two‐thirds of the (nonnumber fact) errors. It also provides an alternative, simpler interpretation of the subtraction errors analysed by Brown and Burton (1978). Some implications for teaching are discussed. (shrink)

This volume contains more than twenty essays in the history of modern philosophy and history of religion by R.H. Popkin.

In the transition to Einstein’s theory of Special Relativity (SR), certain concepts that had previously been thought to be univocal or absolute properties of systems turn out not to be. For instance, mass bifurcates into (i) the relativistically invariant proper mass m0, and (ii) the mass relative to an inertial frame in which it is moving at a speed v = βc, its relative mass m, whose quantity is a factor γ = (1 – β2) -1/2 times the proper mass, (...) m = γm0. (shrink)

..............................................................................................101 I. The Idea of a Noncombatant ........................................................104 II. The Moral Shield Protecting Noncombatants.............................106 A. Accommodation.......................................................................107 B. Guilty Past ...............................................................................107 C. Guilty Bystander Trying to Inflict Harm .................................109 D. Guilty Bystander Disposed to Inflict Harm .............................109 E. Guilty Bystander Exulting in Anticipated Evil ........................109 F. Fault Forfeits First Doctrine in Just Warfare ...........................110 III. Noncombatants as Wrongful Trespassers ...................................110 IV. The Noncombatant Status of Captured Soldiers ........................111 V. Guerrilla Combat ..........................................................................116 VI. Morally Innocent Unjust Combatants.........................................118 VII. Should Rights Reflect What (...) We Can Know? ............................121 VIII. Absolute and Moderate Construction of the Revised Right.. (shrink)

Berichte zur Wissenschaftsgeschichte, Volume 45, Issue 1-2, Page 189-199, June 2022.

Much of the debate around requirements for the free, prior, and informed consent of indigenous peoples has focused on enabling indigenous communities to participate in various forms of democratic decision-making alongside the state and other actors. Against this backdrop, this article sets out to defend three claims. The first two of these claims are conceptual in nature: (i) Giving (collective) consent and participating in the making of (collective) decisions are distinct activities; (ii) Despite some scepticism, there is a coherent conception (...) of collective consent available to us, continuous with the notion of individual consent familiar from discussions in medical and sexual ethics. The third claim is normative: (iii) Participants in debates about free, prior, and informed consent must keep this distinction in view. That is because a group’s ability to give or withhold consent, and not only participate in making decisions, will play an important role in realising that collectives’ right to self-determination. (shrink)

What does it mean for ethics to say, as Wittgenstein did, that philosophy “leaves everything as it is”? -/- Though clearly absorbed with ethical questions throughout his life and work, Wittgenstein's remarks about the subject do not easily lend themselves to summation or theorizing. Although many moral philosophers cite the influence or inspiration of Wittgenstein, there is little agreement about precisely what it means to do ethics in the light of Wittgenstein. -/- Ethics after Wittgenstein brings together an international cohort (...) of leading scholars in the field to address this problem. The chapters advance a conception of philosophical ethics characterized by an attention to detail, meaning and importance which itself makes ethical demands on its practitioners. Working in conversation with literature and film, engaging deeply with anthropology and critical theory, and addressing contemporary problems from racialized sexual violence against women to the Islamic State, these contributors reclaim Wittgenstein's legacy as an indispensable resource for contemporary ethics. (shrink)

This is the third volume to appear in an edition that will be the first complete, critical, and annotated English translation of all of Nietzsche's work. Volume 2: _Unfashionable Observations_, translated by Richard T. Gray, was published in 1995; Volume 3: _Human, All Too Human _, translated by Gary Handwerk, was published in 1997. The edition is a new English translation, by various hands, of the celebrated Colli-Montinari edition, which has been acclaimed as one of the most important works (...) of scholarship in the humanities in the last half century. The present volume provides for the first time English translations of all of Nietzsche's unpublished notebooks from the summer of 1872 to the end of 1874. The major works published in this period were the first three _Unfashionable Observations_: "David Strauss the Confessor and the Writer," "On the Utility and Liability of History for Life," and "Schopenhauer as Educator." Translations of the preliminary notes for these pieces are coordinated with the translations of the published texts printed in Volume 2: _Unfashionable Observations_. The content of these notebooks goes far beyond the notes and plans for published and unpublished _Unfashionable Observations_, encompassing numerous sketches related to Nietzsche's major philological project from this period, a book on the pre-Platonic Greek philosophers. The ideas that emerged from Nietzsche's deliberations on these early Greek thinkers are absolutely central to his thought from this period and contribute in significant ways to the development of several of his major themes: the role of the philosopher vis-à-vis his age and the surrounding culture; the relationships among philosophy, art, and culture; the metaphorical nature of language and its relationship to knowledge; the unmasking of the modern drive for absolute "truth" as a palliative against the horror of existence; and Nietzsche's "unfashionable" attack on modern science and modern culture, especially on the Germany of the Bismarck Reich. These notebooks represent important transitional documents in Nietzsche's intellectual development, marking, among other things, the shift away from philological studies toward unabashed cultural criticism. (shrink)

Volume 23, Issue 3, September 2020, Page 302-313.

This brief introduction offers a survey of the contributed papers to this volume.

Richard Popkin has assembled 63 leading scholars to forge a highly approachable chronological account of the development of Western philosophical traditions. From Plato to Wittgenstein and from Aquinas to Heidegger, this volume provides lively, in-depth, and up-to-date historical analysis of all the key figures, schools, and movements of Western philosophy. The Columbia History significantly broadens the scope of Western philosophy to reveal the influence of Middle Eastern and Asian thought, the vital contributions of Jewish and Islamic philosophers, and the (...) role of women within the tradition. Along with a wealth of new scholarship, recently discovered works in 17th- and 18th-century philosophy are considered, such as previously unpublished works by Locke that inspire a new assessment of the evolution of his ideas. Popkin also emphasizes schools and developments that have traditionally been overlooked. Sections on Aristotle and Plato are followed by a detailed presentation on Hellenic philosophy and its influence on the modern developments of materialism and scepticism. A chapter has been dedicated to Jewish and Moslem philosophical development during the Middle Ages, focusing on the critical role of figures such as Averroës and Moses Maimonides in introducing Christian thinkers to classical philosophy. Another chapter considers Renaissance philosophy and its seminal influence on the development of modern humanism and science. Turning to the modern era, contributors consider the importance of the Kaballah to Spinoza, Leibniz, and Newton and the influence of popular philosophers like Moses Mendelssohn upon the work of Kant. This volume gives equal attention to both sides of the current rift in philosophy between continental and analytic schools, charting the development of each right up to the end of the 20th century. Each chapter includes an introductory essay, and Popkin provides notes that draw connections among the separate articles. The rich bibliographic information and the indexes of names and terms make the volume a valuable resource. Combining a broad scope and penetrating analysis with a keen sense of what is relevant for the modern reader, _The Columbia History of Western Philosophy_ will prove an accessible introduction for students and an informative overview for general readers. (shrink)

Reasoning can promote psychological development, so even if the role of philosophical counselor is defined strictly in terms of assisting the reasoning of the client, we can expect client-centered philosophical inquiry to yield psychological benefits. The practices of philosophical counseling and psychotherapy permeate one another to some degree while also diverging in characteristic focus. Philosophical counselors are particularly well suited to helping clients think through their situation in the world.

For most of this past century, scholarship on the topics of personal- ity and emotion has emerged from the humanities and social sciences. In the past decade, a remarkable change has occurred in the influence of neuro- science on the conceptualization and study of these phenomena. This article ar- gues that the categories that have emerged from psychiatric nosology and descriptive personality theory may be inadequate, and that new categories and dimensions derived from neuroscience research may produce a more tractable (...) parsing of this complex domain. The article concludes by noting that the dis- covery of these biological differences among individuals does not imply that the origins of these differences lie in heritable influences. Experiential shaping of the brain circuitry underlying emotion is powerful. The neural architecture provides the final common pathway through which culture, social factors, and genetics all operate together. (shrink)