In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different (...) theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy. (shrink)

In this article I have tried to rebut certain types of arguments which purport to show not merely that God does not exist but that the notion of necessary existence is itself either self-contradictory or senseless. In showing that it is not self-contradictory I have allowed myself the luxury of a negative and a positive approach. Negatively, I have had to show that when the accusation of self-contradiction is made, it is often accompanied, not by an argument but by a (...) sheer assertion. On the rare occasions when an argument is forthcoming, the arguments, I have tried to show, have been invalid, not even, inconclusive. And to the extent that Kant may be said to have argued not simply the impossibility of a genuine proof of the existence of God, but indeed the impossibility of the concept of necessary existence, I have argued out the weakness of Kant's arguments, the most notable of which I have discussed in some detail. Finally, to establish the genuineness of the concept of necessary existence, positively, I have paradoxically made use of a notion from Russell's logic. (shrink)

Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately (...) describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike.Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation. (shrink)

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Buddhist meditation practices presuppose that the abstract doctrines of Buddhist teachings can be transformed into individual experiences. In contrast to the assumption of a merely solipsistic phenomenology which focuses on first-person perspectives alone, we would like to propose a sociological extension of this perspective to a relational perspective that includes specific world- and selfreferences. With the empirical case of a long-time practitioner of Theravada Buddhism, we show how the primary focus on individual experiences may be misleading in terms of Buddhist (...) training and how shifts in the first-person perspective only occur through social friction. In this way, we are able to present empirical insights into how individual qualities of meaning become linked to social qualities of meaning, which then can be understood as a process of co-production of individual and social meaning. The empirical basis of this contribution is part of the research project 'Buddhism in the West'. The solution of the problem of life is seen in the vanishing of the problem. (Is not this the reason why those who have found after a long period of doubt that the meaning of life became clear to them have been unable to say what constituted that meaning?) -- Ludwig Wittgenstein (1974, Proposition 6.522) However it is, however it is he touches the arising-and-passing of aggregates: he gains rapture and joy: that, for those who know it, is deathless, the Deathless. --Dhammapada (373/374, Translation: Venerable Thanissaro). (shrink)

Spanning pivotal years in the historic democratization of South Africa, this analysis provides a trenchant reflection of higher education in transition. Penned by one of South Africa’s foremost philosophers of education, the critique grapples with very real concerns in higher education policymaking and practice, including stakeholder politics, institutional cultures, and curriculum transformation and interrogation of the function of higher education institutions in modern societies. Exposing the tensions between egalitarian principles and the nature of higher knowledge, the essays raise questions to (...) which there are no simple answers. With characteristic rigor, the analysis looks into the assumptions underlying much of the thinking about these questions and concludes that a failure to sharpen thinking around higher education is a failure to recognize the epistemic value of academic practice in a developing democracy. (shrink)

Mitte der fünfziger Jahre entsteht mit den Arbeiten der amerikanischen Linguisten Zellig S. Harris und Noam Chomsky die Theorie der generativen (Transformations-)Grammatiken a) Chomskys Grammatikmodell in den "Aspects" ... b) Entwicklung der Theorie ... nach 1965 ...

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Hegel attempts both to give evil its metaphysical due and to give it intelligibility within a processive idealistic system. To accomplish these ends, he consistently employs the contrast between the natural and the free act of the subject and the contrast between the particular and the universal. He places these contrasts within the situation of an original and presupposed unity of spirit that itself is the ground of the mediation required for thinking freedom, for evil, and for ultimate reconciliation. He (...) argues for evil’s ultimate intelligibility in terms of its necessity as a consequent moment in the development of spirit from its ground; he resolves problems of evil’s penultimate irrationality in terms of its unstable contradictory elements in spirit’s history which is not yet fully concrete, a simultaneity of “ought to be” and “ought not to be” in the sense that the instability must be surpassed but not that it should never have been. The aims of this paper will be to summarize and evaluate Hegel’s efforts to give evil both significance and intelligibility within his system and to estimate if a system of progressive idealism contributes a philosophically new dimension to the problem of evil in a universe. (shrink)

Within this 1963 text, Professor Watson writes as a physicist seeking to understand how it is that physics goes on at an ever increasing pace to reveal new ...