Robert Merrihew Adams has been a leader in renewing philosophical respect for the idea that moral obligation may be founded on the commands of God. This collection of Adams' essays, two of which are previously unpublished, draws from his extensive writings on philosophical theology that discuss metaphysical, epistemological, and ethical issues surrounding the concept of God--whether God exists or not, what God is or would be like, and how we ought to relate ourselves to such a being. Adams studies (...) the relation between religion and ethics, delving into an analysis of moral arguments for theistic belief. In several essays, he applies contemporary studies in the metaphysics of individuality, possibility and necessity, and counterfactual conditionals to issues surrounding the existence of God and problems of evil. (shrink)

In the debate between positivism and non-positivism the argument from relativism plays a pivotal role. The argument from relativism, as put forward, for instance, by Hans Kelsen, says, first, that a necessary connection between law and morality presupposes the existence of absolute, objective, or necessary moral elements, and, second, that no such absolute, objective, or necessary moral elements exist. My reply to this is that absolute, objective, or necessary moral elements do exist, for human rights exist, and human rights exist (...) because they are justifiable. (shrink)

In this article, I take up two arguments in favor of the discursive model of legal argumentation: the claim to correctness argument and the dual nature thesis. The argument of correctness implies the dual nature thesis, and the dual nature thesis implies a nonpositivistic concept of law. The nonpositivistic concept of law comprises five ideas. One of them is the special case thesis. The special case thesis says that positivistic elements, that is, statutes, precedents, and prevailing doctrines, are necessary for (...) law in order to achieve legal certainty. Without this, law would not be as perfect as it could possibly be. But it says, at the same time, that this alone would not be enough to fulfill the claim to correctness. The claim to correctness refers not only to the real dimension of law, defined by statutes, precedents, and prevailing doctrines, but also to its ideal dimension, defined, first and foremost, by justice. The special case thesis is my oldest thesis. It has remained an essential element of my system over the years. Its connection with four other theses—the Radbruch formula, the human rights thesis, the idea of deliberative democracy, and principles theory—does not change this at all. On the contrary, this connection has lent greater strength to the special case thesis. (shrink)

According to the author there is no doubt that one has to distinguish between the justification and the application of norms. Problems are seen only to arise if one asks what exactly the distinction is and which consequences have to be drawn from it. Recently, Klaus Günther, in particular, has searched for this distinction and connected it with far‐reaching conclusions concerning the theory of norms, arguments, and morals. His theses are the object of the author's considerations.

Gascoigne, Robert Review of: Between the 'mysticism of politics' and the 'politics of mysticism': Interpreting new pathways of holiness in the Roman Catholic tradition, by David Ranson, pp. 303, paperback $39.95, hardback $75.00.

These are the answers I gave to Brian Bix, Peter Koller, Ralf Posher, Torben Spaak, Timothy Endicott, and Jan Sieckmann at the end of a splendid conference day in 2018. The critique given to me concerned important aspects of three main themes in my work: the claim to correctness, human and constitutional rights, and the ideal dimension of law. In the last decades I have attempted to connect these themes systematically. The result is the idea of democratic constitutionalism as an (...) institutionalization of practical reason. (shrink)

The rational choice assumption that any chosen behavior can be understood as optimizing material self?interest is not borne out by psychological research. Expressive motives, for example, are prominent in the symbols of politics, in social relationships, and in the arts of persuasion. Moreover, instrumentality is a mindset that is learned (perhaps overlearned), and can be situationally manipulated; because it is valued in our society, it provides a privileged vocabulary for justifying behaviors that may have been performed for other reasons, and (...) encourages the illusory belief in the universality of rational choice. (shrink)

Disagreements about the success of any given argument often arise because the suppositions of the critic differ from the suppositions of the author of the argument. In maintaining the plausibility of a metaethical argument for theism against the objections articulated by Stephen J. Sullivan, I will probe our differing suppositions with regard to the relation of theological to naturalistic metaethical theories, the starting point for the metaethical argument for theism, and the relation of the qualities of God's will to our (...) obligation to obey God. (shrink)

Robert Abrams argues that new concepts of space and landscape emerged in mid-nineteenth-century American writing, marking a linguistic and interpretative limit to American expansion. Abrams supports the radical elements of antebellum writing, where writers from Hawthorne to Rebecca Harding Davis disputed the naturalizing discourses of mid-nineteenth century society. Whereas previous critics find in antebellum writing a desire to convert chaos into an affirmative, liberal agenda, Abrams contends that authors of the 1840s and 50s deconstructed more than they constructed.

Originally published in 1967. An introduction to the literature of nonstandard logic, in particular to those nonstandard logics known as many-valued logics. Part I expounds and discusses implicational calculi, modal logics and many-valued logics and their associated calculi. Part II considers the detailed development of various many-valued calculi, and some of the important metathereoms which have been proved for them. Applications of the calculi to problems in the philosophy are also surveyed. This work combines criticism with exposition to form a (...) comprehensive but concise survey of the field. (shrink)

These three impressive volumes seem likely to be for some time the standard collection of Leibniz’s writings in Italian translation. Replacing two volumes of 1967-68, with the same title and publisher, which were edited by Domenico Omero Bianca, the new translation by Massimo Mugnai and Enrico Pasini offers the Italian reader an outstandingly comprehensive selection of Leibniz’s works in a presentation richly though unobtrusively illuminated by the latest scholarship. My chief aim in this review will be to give scholars working (...) in English an idea of the lines of study suggested by this new product of Italian scholarship, and the resources available in it. (shrink)

Tekst niedostępny online z racji zgody na publikację przekładu tylko w wersji drukowanej.

A model of what an edition of a philosohic text for an introductory level should be. Introduction does an admirable job of putting Berkeley's thought in the intellectual context of its time. --Gary C. Hatfield.

Leibniz's version of the ontological argument, a modal argument for theism on which he worked most intensively in the 1670s, has two stages. The first, an “incomplete” proof, concludes that God can only be a necessary being, and therefore if God's existence is possible, then God exists. The second stage is an a priori argument that the existence of such a necessary God is indeed possible. Leibniz's fullest attempts at a possibility proof turn on his conception of a most perfect (...) being, and the chapter concludes that they are not likely to succeed, in part because of difficulties in connecting the concepts of perfection and necessary existence. (shrink)

My aim in this article is to flesh out a new distinction between moral responsibility, as it is understood in light of Strawson’s “reactive attitudes,” and an institutional form of responsibility—a responsibility that employees bear for their work to their superiors. I show that Strawson’s view of responsibility is separate from organizational responsibility, and hence the responsibility of employees to their managers cannot be understood in terms of indignation or resentment, both of which are key Strawsonian concepts. The latter type (...) of responsibility can be understood in terms of objective attitudes, managerial demands, organizational standards, and related expectations. Based on a Cartesian and a Wittgensteinian notions of asymmetry between first- and third-person uses of psychological concepts, Strawson developed a view of responsibility that dissolves the above asymmetry. In contrast with the latter asymmetry, which focuses on those who ascribe psychological concepts to themselves and to others, Strawson’s view is centered on the recipients of reactive attitudes. According to his view, resentment and indignation differ because they are aimed at different recipients, something that cannot be applied in cases of organizational responsibility. (shrink)

Cet ouvrage est consacré à la refondation richirienne de la phénoménologie, à partir du traitement de la question de l'espace/temps phénoménologique archaïque. Par le biais de l'analyse de cette interrogation spatio-temporelle spécifique et de la pertinence qu'elle développe, l'objectif est double : d'une part, arriver à dégager un lieu de compréhensibilité, inédit, commun aux multiples enjeux les plus fondamentaux de la refonte et de la refondation de la phénoménologie transcendantale entreprises par Richir et, d'autre part, dans la foulée, permettre par (...) là même la possibilité de comprendre l'ensemble des textes du corpus. Cette compréhensibilité des mobiles philosophiques les plus importants de la phénoménologie refondue jointe à la possibilité d'une compréhension globale et transversale de la textualité richirienne doit permettre en outre de réfléchir et de fonder la démarche tout entière. En accomplissant cette refondation de manière tout à fait originale, dans une oeuvre commencée en 1968 qui compte en 2012 près de dix mille pages, réparties en vingt ouvrages et près de deux cents articles, Richir poursuit le but et a comme ambition de bouleverser et de changer en profondeur les paramètres essentiels de la phénoménologie. Et, chemin faisant, la philosophie tout entière est à reprendre à nouveaux frais. Le lecteur est convié à pénétrer au coeur de ce nouvel espace/temps richirien, véritable idée directrice de la phénoménologie et d'une philosophie sans précédent. (shrink)

Erscheint anlasslich des 15. Weltkongresses der Internationalen Vereinigung fur Rechts- und Sozialphilosophie (IVR) vom 18. bis 24. August 1991 in Gottingen und enthalt eine Selbstdarstellung der deutschen Sektion der IVR. Die Autoren berichten uber ihre eigene theoretische Position oder uber neuere Diskussionszusammenhange, die ihnen wichtig erscheinen. Aus dem Inhalt: K. Adomeit: Menschenrechte und Rechtsphilosophie u H. Albert: Erkenntnis, Recht und soziale Ordnung u R. Alexy: Idee und Struktur eines vernunftigen Rechtssystems u O. Ballweg: Analytische Rhetorik als juristische Grundlagenforschung u R. (...) Dreier: Zur gegenwartigen Diskussion des Verhaltnisses von Recht und Moral u W. Eichhorn: Wege und Irrwege einer Transformation u M. Frommel: Mannliche Gerechtigkeitsmathematik versus weiblicher Kontextualismus? u H. Garrn: Zur rechtspraktischen Bedeutung einer Theorie der juristischen Rhetorik u G. Haney: Das Widerspruchsvolle des Rechtsbegriffs u W. Hassemer: Rechtsphilosophie, Rechtswissenschaft, Rechtspolitik - am Beispiel des Strafrechts u A. Kaufmann: 45 Jahre erlebte Jahre Rechtsphilosophie u H. Klenner: Die ontologische und gnoseologische Dimension der Sein/Sollen-Problematik u U. Klug: Multidimensionale Rechtsphilosophie u H.-J. Koch/H. Russmann: Juristische Methodenlehre und analytische Philosophie u M. Kriele: Die demokratische Weltrevolution u K. Kuhl: Rehabilitierung und Aktualisierung des kantischen Vernunftrechts u E.-J. Lampe: Moderne Rechtsanthropologie u K.A. Mollnau: Vom Beginn der Niedergangsjurisprudenz in der DDR u U. Neumann: Sprachphilosophische Ansatze in der neueren Rechtsphilosophie u u.a. (Franz Steiner 1991). (shrink)

What should happen to a property holding after the death of its owner? One conventional answer to this question is that the owner can legitimately designate the beneficiary of a posthumous transfer through a written will. Yet this aspect of property ownership has received little in the way of philosophical attention or moral justification. Philosophers tend either to accept bequest as a conventional feature of property ownership or reject its legitimacy on egalitarian grounds. Dissatisfied by both approaches, this paper: provides (...) a conceptual individuation of bequest, drawing a distinction between it and other sorts of property transfer, such as inheritance; shows how the canonical, historical accounts of private property ownership have failed to justify bequest; outlines what any plausible justification of bequest will require, which I argue is an account of the posthumous interests such transfers serve; and concludes by briefly sketching the normative relevance of my justificatory account of the power to bequeath. (shrink)

Bender, Robert Review of: Women in Cambridge: A Men's university - though of a mixed type, by Rita McWilliams-Tullberg, Gollancz 1975, 255 pp.

Not by Genes Alone excellently explains Peter J. Richerson and Robert Boyd's important ideas about human gene-culture co-evolution to a broader audience but remains short of a larger vision of civilization. Several decades ago Ralph Burhoe had seen that fertile possibility in Richerson and Boyd's work. I suggest getting past present reductionistic customs to a scientific perspective having an integral place for virtue. Subsystem agency is part of this view, as is the driving role of abundance, whose ultimate origins (...) are in the mysterious, quintessentially energetic Big Bang. The free-rider problem may not impede higher social organization as inexorably as Richerson and Boyd believe; "the tragedy" of enervating leakage from "the commons" may often be less influential than an invigorating flow of externalities to the commons. Eukaryotic origins mark the origin of inevitable wider sharing as higher living systems evolve. I use a metaphor of flesh and spirit in drawing a parallel between that turning point and the wide sharing that occurs in civilization. This helps solve the enigma of the demographic transition. Why do so many productive participants in first-world societies severely restrict their selfish-gene reproduction to below replacement birth rate? It is not because culture is maladaptive but because civilization's brain and womb have become partially differentiated in distinct populations. Considerations of social boundaries, myths of sacrifice, and human creativity help in understanding how human social evolution taps potentials present in reality. Human beings' diverse vigorous activities—the organized ones and the inadvertent ones, the wise and the foolish, the good and the bad, the carefully thoughtful and the merely playful—provide the ground of being, or primordial soup, for cultural entities that transcend our intentions. If we have it right for the most part and are fortunate, we will continue to emerge at higher levels. (shrink)

Are the words that a novelist uses adequate to his or her elusive subject&—the human condition? Are they pertinent, accurate, invariably fair, unflinchingly honest? Or do the novelist's words execute essentially formal maneuvers, engaging our interest through their patterns rather than their reach? And what about a possible third, synthesizing option? Robert W. Greene discovers that the two apparently divergent intentions in question (metalinguistic vs. moralistic) often paradoxically coexist in French fiction. Also, no doubt because it is more consistently (...) self-conscious than that of any previous era, the fiction of twentieth-century France seems to illustrate this convergence with special brillance. From L'lmmoralist (1902) to L'Usage de la parole (1980) Greene explores combinations and permutations of moralistic analysis and metalinguistic commentary in a particular sequence of prose narrative. Along the way, he observes Gide, Proust, Malraux, Camus, Duras, and Sarraute, each in his or her own fashion, moving ceaselessly back and forth between soundings of the heart and diagnoses of the tongue. (shrink)

Bill Bowring’s book attempts to argue for a Marxist account of international law that embraces it as a tool for progressive politics and revolutionary change. He argues it is necessary to give a substantive account of both, locating them in the real struggles of the oppressed. Specifically, he locates human rights in the three great revolutions ‐ the French, the Russian and the anticolonial. However, this revolutionary heritage has been ‘degraded’ by recent events. As such, it is necessary to adopt (...) ‘revolutionary conservatism’, invoking international law’s origins against its current degradation. This review argues that, owing to international law’s indeterminacy, Bowring’s project is susceptible to imperial appropriation. This means, however, that Bowring cannot give an account of why we should use international law. It then argues that Bowring’s account of Pashukanis is wrong, and that Pashukanis’s work can better make sense of Bowring’s insights and international law more generally. (shrink)