In this article we examine the role which vindication plays in contract damages. Vindication describes the making good of a right by the award of an adequate remedy. We argue that, while the primary purpose of compensation is to provide an indemnity for loss, an award of compensatory damages will nevertheless generally vindicate the right to performance of the contract. We go on to consider a distinct measure of damages, vindicatory damages. These, we argue, are neither compensatory nor restitutionary, neither (...) loss-based nor gain-based: they are a rights-based remedy. We then identify various situations in which the courts may be seen to have awarded what are, in substance, vindicatory damages. We conclude by considering the benefits which may follow from recognition of the availability of vindicatory damages as a contract remedy. (shrink)

In recent decades, the idea has become common that so-called virtue ethics constitutes a third option in ethics in addition to consequentialism and deontology. This paper argues that, if we understand ethical theories as accounts of right and wrong action, this is not so. Virtue ethics turns out to be a form of deontology . The paper then moves to consider the Aristotelian distinction between right or virtuous action on the one hand, and acting rightly or virtuously on the other. (...) It is claimed that virtue might play an important role in an explanation of acting virtuously , but that such explanations can be charged with ‘double-counting’ the moral value of the virtues. The paper concludes that, if we focus on the question of the value of virtue, rather than on the notion of right action, there is room for a self-standing and important view which could be described as virtue ethics. (shrink)

Philosophers of religion of the Cracow Circle (1934-1944) are the principal precursors of what is now called the analytic philosophy of religion. The widespread claim that the analytic philosophy of religion was from the beginning an Anglo-American affair is an ill-informed one. It is demonstrable that the enterprise, although not the label "analytic philosophy of religion," appeared in Poland in the 1930’s. Józef Bochenski’s postwar work is a development of the Cracow Circle’s prewar work in the analytic philosophy of religion, (...) or at least of important elements of that earlier work. Bochenski’s approach in his ’Logic of Religion’ is quite original and might still be profitably studied and discussed by philosophers of religion of the analytic persuasion. (shrink)

Local warming -- Global alarming -- The search for salvation -- Radical precaution -- Market solutions and homeostasis -- The moral economy -- Heimat and habitat -- Beauty, piety, and desecration -- Getting nowhere -- Begetting somewhere -- Modest proposals.

This paper will examine a claim that nursing is united by its moral stance. The claim is that there are moral constraints on nurses' actions as people practising nursing and that they are in some way different from both what for now can be called standard morality and also different from the person's own moral views who also happens to be a nurse, hence the defining and unifying factor for nursing. I will begin by situating the claim within the broader (...) area about the need for a definition to state features that are essential to all and only members of its class. This will highlight the fact that there are two distinct types of definition used by authors seeking to find a unity for nursing. One type of definition has to do with goals or purposes given to nursing and the other with ends discovered as nursing. But even if there are ends waiting to be discovered a particular practical concern is how we can have knowledge of them. I will suggest that knowledge by intuition is plausible but that as things currently stand in moral epistemology it will not provide the unifying ground for nursing. Then I will argue that in the latter approach to definition a certain account of human nature has been advanced in order to provide features that are there to be discovered and so not dependent on human beings for the definition or classification. However, such an attempt to define nursing cannot do what is wanted. Rather than the account of human nature grounding morality and doing so for nursing, the account of human nature itself relies upon a prior account of morality. Because of this it loses its supposed ground of unity for the profession. Nursing is not united by its moral stance especially if this is understood in a strong sense as unique moral stance, but as things currently stand in moral epistemology this is not necessarily a bad thing for practitioners or patients. (shrink)

According to theological fictionalism, God has the same status as a fictional character in a novel or a movie. Such a claim has been defended by Robin Le Poidevin on the basis of Kendall Walton’s theory of make believe. But it is not only a philosophical esoteric account of religious beliefs, it is now an exoteric view, sometimes accepted by "believers" themselves, and so could even be considered a postmodern heresy. But theological fictionalism does not work: faith is real assent (...) and not make believe; belief is different from acceptance; belief and faith are dispositional, but make believe seems to presuppose an account of beliefs as occurrent states; we cannot anymore imagine at will than we can believe at will. (shrink)

How far should religious practices be curtailed in pursuit of other social goals, such as equality and the removal of discrimination? This book reasons that religious freedom is one of our most precious freedoms, and essential to democracy, drawing on examples from across the Western world.

The essays in this volume delve deeper into the cultural and intellectual foundations, philosophical ideas, political traditions, and economic movements that underlie the greatest financial crisis in nearly a century.

This is the first comprehensive study in English of Voltaire's contes philosophiques--the philosophical tales for which he is best remembered and which include his masterpiece Candide. Pearson situates each story in its historical and intellectual context and offers new readings in light of modern critical thinking. He rejects the traditional view that Voltaire's contes were the private expression of his philosophical perplexity, and argues that it is narrative that is Voltaire's essential mode of thought. His book is a witty, lucid, (...) and scholarly guide to the "fables of reason" through which Voltaire's skepticism undermined the contemporary religious and philosophical explanations of human experience. (shrink)

People espousing human moral equality encompassing every conspecific have been unumbrageous being labeled ‘speciesists’ and likened to Nazis and Klansmen, despite the insult’s being indefensible, and, if meant seriously, enraging. Perhaps their equanimity is unruffled because anti-speciesist acquaintances are remarkably chummier with them than with real racists. -/- Anti-speciesists confuse two questions: (1) Is the bare fact of an individual’s being a human in itself a reason for us humans to deal with it as we'd like to be dealt with? (...) (2) Have we enough reason, apart from human well-being, to impose on each other protections of other animals? Speciesism, perspicuously specified, says ‘yes’ to (1) and nothing about (2). World-wide, human fantasy is filled with nonhuman persons, alien morally accountable agents, thought worthy of being treated as we would wish to be treated, or better. The idea of human equality is consistent with both rapaciously using animals and radical animal protectionism. We meat-eaters discount animal interests, not because they’re nonhuman, but because we know no compelling reason to count them more. -/- Anti-speciesist literature is surveyed and seen to specify ‘speciesism’ capriciously. Terminology aside, anti-speciesist criticisms are specious. Anti-speciesists hope to shift the justificatory burden by denying species membership any moral relevance, but that denial cannot motivate their protectionism. Their ad hominem dismissal of speciesism as a self-serving prejudice is unsustainable. Their avowed inability to imagine any justification of speciesism is hardly probative. Their alleged refutations are baldly question-begging assertions of theses of hallowed ethical theories speciesism denies. They derive anti-speciesism from “anti-biologism” (a radical denial of any biological relation’s having any intrinsic moral relevance), which is fallaciously extrapolated from anti-racist and anti-sexist ideas. Appeals to taxonomical controversies glibly and disingenuously assume the relevance of those controversies, which anti-biologism denies. (shrink)

As scholars of the American tradition, we know Charles Sanders Peirce as an original thinker with personal foibles and complex ideas, a primary source and yet an enigma in the main channel of the tradition. He is most profound in developing an architectonic system that rivals and proceeds beyond Kant in the interest of furthering the inquiry necessary for self-control and the development of the community of inquiry. The object of the Real consistently appears as a figure to Peirce's inquiry (...) as its true home, and the community of self-and-other correcting minds sharing this goal of inquiry may bring themselves together in experience and work. This handbook is an example of such work that extends beyond this... Read More. (shrink)

L'intérêt des sciences humaines pour les rapports entre TIC, langues et savoirs n'est pas nouveau. Cependant l'intelligibilité d'une construction épistémologique des relations reste un domaine en friche dans le contexte de la mondialisation. Le présent article essaie de s'en prendre à ce vide épistémologique en interrogeant particulièrement les enjeux des langues africaines dans le travail de structuration et de dissémination du savoir global et des savoirs locaux. Ces savoirs, chacun à sa manière, tentent de se construire un statut nouveau en (...) s'insérant dans les divers marchés de la connaissance. Pour cela, ils tirent profit du renouvellement des thématiques occidentales vis-à-vis des consommateurs africains d'information scientifique. En conséquence, des politiques de productivité et de circularité des savoirs s'érigent dans des stratégies d'uniformisation épistémologique. Parallèlement, la mode de la «diversité linguistique et culturelle», censée protéger les langues et savoirs locaux, risque de les transformer en de simples objets ethnographiques.The interest of the humanities to the relationship between ICT and language knowledge is not new. However, the intelligibility of a construction epistemological relations remains a fallow field in the context of globalization. This article tries to take this empty epistemological questioning particularly the issues of African languages ​​in the work of structuring and dissemination of global knowledge and local knowledge. This knowledge, in their own way, trying to build a new status by inserting themselves into the various markets for knowledge. For this, they benefit from the renewal of western themed vis-à-vis African consumers of scientific information. As a result, productivity and political knowledge circularity themselves up in uniform epistemological strategies. Meanwhile, the fashion of the "linguistic and cultural diversity," intended to protect indigenous knowledge and languages, may turn them into mere ethnographic objects. (shrink)

In his Introduction to The Encyclopaedia Logic, G.W.F. Hegel reflects at great length upon the question “Where does philosophy begin? Where does the inquiry start?” And in this reverie, he concludes that because philosophy “does not have a beginning in the sense of the other sciences” it must be the case that “the beginning only has a relation to the subject who takes the decision to philosophise.”1 For Hegel himself, it is the ultimate project of such philosophizing to bring this (...) person—the finite spirit, the single intellect, the philosopher—into identity with God as the object of pure thinking. And it is also for Hegel that, like Confucianism, persons are not facts but achievements... (shrink)

Philosophy, like most things Chinese, must be understood in terms of continuities. And any discussion of the cultural interests of contemporary China must begin from context: the “where” and the “whenh” of things. In contrast to Western philosophy, which began from the decontextualizing metaphysical sensibilities of the classical Greeks, the Chinese tradition is resolutely historicist. Reason is a series of historical instances of reasonableness; culture is a specific historical pattern of human flourishing; logic is the internal coherence of this particular (...) human narrative; knowledge modestly is local and site‐specific – making one's way smoothly and without obstruction; truth is proximate – the capacity to foster productive relationships that begin with the maintenance of one's own integrity and extend to the enhancement of one's own natural, social and cultural contexts. (shrink)

In the second edition of this groundbreaking text in non-Western philosophy, sixteen experts introduce some of the great philosophical traditions in the world. The essays unveil exciting, sophisticated philosophical traditions that are too often neglected in the western world. The contributors include the leading scholars in their fields, but they write for students coming to these concepts for the first time. Building on revisions and updates to the original, this new edition also considers three philosophical traditions for the first time—Jewish, (...) Buddhist, and South Pacific philosophy. (shrink)

For more than a century scholars both inside and outside of China have undertaken the project of modernizing Confucianism, but few have been as successful or influential as Li Zehou (b. 1930). Since the 1950s, Li's extensive efforts in this regard have in turn exerted a profound influence on Chinese modernization and resulted in his becoming one of China's most prominent social critics. To transform Confucianism into a contemporary resource for positive change in China and elsewhere, Li has reinterpreted major (...) ideas and concepts of classical Confucianism, including a rereading of the entire Analects, replete with his own philosophical speculations derived from other Chinese and Western traditions (most notably, the ideas of Kant and Marx), and developed an aesthetical theory that has proved especially far-reaching. Although the authors of this volume hail from East Asia, North America, and Europe and a wide variety of academic backgrounds and fields of study, they are unanimous in their appreciation of Li's contributions to not only an evolving Confucian philosophy, but also world philosophy. They view Li first and foremost as a sui generis thinker with broad global interests and not one who fits neatly into any one philosophical category, Chinese or Western. This is clearly reflected in the chapters included here, which are organized into three parts: Li Zehou and the Modernization of Confucianism, Li Zehou's Reconception of Confucian Philosophy, and Li Zehou's Aesthetical Theory and Confucianism. Together they form a coherent narrative that reveals how Li has, for more than half a century, creatively studied, absorbed, and reconceptualized the Confucian ideational tradition to integrate it with Western philosophical elements and develop his own philosophical insights and original theories. At the same time, he has transformed and modernized Confucianism for the purpose of both coalescing with and reconstructing a new world cultural order. (shrink)

In this book philosophers, scholars of religion, and activists address the theme of responsibility. Barbara Darling-Smith brings together an enlightening collection of essays that analyze the ethics of responsibility, its relational nature, and its global struggle.

In his own time, Lao Sze-Kwang formulated his own intra-cultural approach to the philosophy of culture that begins from the interdependence and organic nature of our cultural experience. In this essay, I address three questions: Why did Lao abandon his early reliance on the Hegelian model of philosophy of culture and formulate his own “two- structured” theory? Again, given Lao’s profound commitment and contribution to Chinese philosophy and its future directions, why is it not proper to describe him as a (...) “Chinese philosopher?” And why is the much accomplished Lao Sze- Kwang not installed in the CUHK pantheon as yet one more of the great “New Confucian” philosophers (xinruxuejia 新儒學家) to be associated with this institution? (shrink)

In these essays, Deutsch's critics both praise and attack him, and he offers his thoughtful responses.