Doctrinal legal scholarship faces persistent challenges from empirical approaches, but such criticism rarely seeks to encounter doctrine on its own terms. In this article, we seek to excavate the theoretical and methodological basis of doctrinal legal scholarship by situating the discipline in a hermeneutic continuum between theory and practice, or law’s engagement with the social world. We first unfold this dynamic as an exercise in methodological interpretivism and ontological hermeneutics and then turn to explicate our analysis with examples drawn from (...) tort law and international criminal law. We ultimately argue that law can never be strictly circumscribed as an empirical object because law cannot be disassociated from an agent’s reasons, which are continuously bound up in a hermeneutic circle, and which the scholar must enter into to achieve legal understanding. Unavoidably, therefore, doctrinal legal scholarship becomes part of the very object it is investigating. (shrink)

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

In lieu of an abstract, here is a brief excerpt of the content:Motion and Mercutio in Romeo and JulietDaryl W. PalmerThere is nothing permanent that is not true, what can be true that is uncertaine? How can that be certaine, that stands upon uncertain grounds? 1It is by now a commonplace in modern scholarship that drama, particularly Tudor drama, poses questions, rehearses familiar debates, and even speculates about mere possibilities. 2 In 1954, Madeleine Doran spelled out some of the ways (...) in which debate "affected the structure of Elizabethan drama." 3 In turn, Joel B. Altman, having eloquently extended Doran's examination, concludes that "the plays functioned as media of intellectual and emotional exploration for minds that were accustomed to examine the many sides of a given theme, to entertain opposing ideals, and by so exercising the understanding, to move toward some fuller apprehension of truth that could be discerned only through the total action of the drama." 4 Altman points to Henry Medwall's Fulgens and Lucres (c. 1490) as an exemplar of this practice. Although the interlude instructs and entertains, "the center of interest has shifted from demonstration to inquiry. The action develops not from an abstract assertion, but from a specific question: who is the nobler man, Cornelius or Gaius?" 5 By the time William Shakespeare began to write his plays, inquiry was an essential part of dramatic construction. So Juliet asks, "What's in a name?" 6 Hamlet opens with the question: "Who's [End Page 540] there?" (1.1.1), and achieves a kind of apotheosis in the figure of its hero: "To be, or not to be, that is the question..." (3.1.55). Everyone recognizes these familiar questions, and we know (or think we know) how to describe the most viable answers. I want to suggest, however, that this familiarity has dulled our appreciation of the drama's interrogative range. As a way of resisting this tendency, I want to argue that Shakespeare's Romeo and Juliet takes up an ancient conversation about motion, a dialog that originates with the pre-Socratics. This is not to say that the play is ultimately about motion. It obviously engages a panoply of thematic materials. I have simply chosen, in this limited space, to concentrate on the way the playwright stages his questioning as a kind of fencing lesson. My goal is to produce neither a "reading" of the play nor an allegory of philosophy, but rather to recollect the ways in which Shakespeare's drama qualifies and extends an ancient interrogative tradition. In so doing, I follow Stanley Cavell who maintains "that Shakespeare could not be who he is—the burden of the name of the greatest writer in the language, the creature of the greatest ordering of English—unless his writing is engaging the depth of the philosophical preoccupations of his culture." 7Some of the most venerable documents of Western philosophy fix on the problem of motion. If we go back more than 2,300 years, we come upon Plato's Theaetetus, in which Socrates explains a "first principle" to the title character, namely that "the universe really is motion and nothing else." 8 A kind of history lesson in ontology and epistemology, this tentative explanation has its origins in Heraclitus or Empedocles or Protagoras or some combination of the aforementioned. Perhaps the most famous expression of this ideal comes from Heraclitus: "You cannot step twice into the same river, for other waters and yet others go ever flowing on." 9 More to the point is the following declaration from the same philosopher: "Everything flows and nothing abides; everything gives way and nothing stays fixed." 10 In this spirit, Protagoras declares, "All matter is in a state of flux." 11 Such precedents provide the backdrop for Socrates in the Theaetetus as he summarizes: "The point is that all these things are, as we were saying, in motion, but there is a quickness or slowness in their motion" (Thea, 156c). In this historical spirit, he identifies "a tradition from the ancients, who hid their meaning from the common herd in poetical figures, that Oceanus and Tethys, the source of all things, are flowing streams and nothing is at rest" (Thea, 180d–e).To... (shrink)

Reading Certainty offers incisive historical analysis of the foundational questions of the Christian tradition: how are we to read scripture, and how can we know we are saved? This collection of essays honors the work and thought Susan E. Schreiner by exploring the import of these questions across a wide range of time periods. With contributions from renowned scholars and from Schreiner's students from her more than three decades of teaching, each of the contributions highlights the nexus of certainty, perception, (...) authority, and exegesis that has defined her scholarly work. Intellectual historians, early modernists, and scholars of Christianity will all appreciate this testament to Schreiner's influence. Contributors include: Vincent Evener, Bruce Gordon, Ralph Keen, Mark Lambert, Kevin J. Madigan, Richard A. Muller, Willemien Otten, Daniel Owings, Elizabeth Palmer, Karen Park, Barbara Pitkin, Ronald K. Rittgers, William Schweiker, Jonathan Strom, and Matthew Vanderpoel. (shrink)

Introduction -- The pre-socratic philosophers -- Sixth and fifth centuries B.C.E. -- Thales -- Anaximander -- Anaximenes -- Pythagoras -- Heraclitus -- Parmenides -- Zeno -- Empedocles -- Anaxagoras -- Leucippus and Democritus -- The Athenian period -- Fifth and fourth centuries B.C.E. -- The Sophists -- Protagoras -- Gorgias -- Thrasymachus -- Callicles and Critias -- Socrates -- Plato -- Aristotle -- The Hellenistic and Roman periods -- Fourth century B.C.E. through fourth century C.E. -- Epicureanism -- Stoicism -- (...) Neoplatonism -- Medieval and Renaissance philosophy -- Fifth through fifteenth centuries -- Saint Augustine -- The encyclopediasts -- John Scotus Eriugena -- Saint Anselm -- Muslim and Jewish philosophies -- Averroës -- Maimonides -- The problem of faith and reason -- The problem of the universals -- Saint Thomas Aquinas -- William of Ockham -- Renaissance philosophers -- Continental rationalism and British empiricism -- The seventeenth and eighteenth centuries -- Descartes -- Hobbes -- Spinoza -- Leibniz -- Locke -- Berkeley -- Hume -- Kant -- Post-kantian British and continental philosophy -- The nineteenth century -- Hegel -- Schopenhauer -- Kierkegaard -- Marx -- Nietzsche -- Utilitarianism -- Bentham -- Frege -- Pragmatism, the analytic tradition, and the phenomenological tradition and its aftermath -- The twentieth century -- Pragmatism -- James -- Dewey -- The analytic tradition -- Moore -- Russell -- Logical positivism -- Wittgenstein -- Quine -- The phenomenological tradition and its aftermath -- Husserl -- Heidegger -- Sartre -- Structuralism and poststructuralism -- Saussure -- Lévi-Strauss -- Lacan -- Derrida -- Irigaray. (shrink)

The articles on ‘thinking’ by Gilbert Ryle brought together by Konstantin Kolenda were not very well received, even by those who acknowledge, as awhole generation of philosophers must, a considerable intellectual debt to him. Bernard Williams in his review ‘Ryle Remembered’ ) seemed to capture the general impression created by the book. My suspicion is that this was so because readers approached it with a resistance built up over years of hearingRyle flounder on the topic. They read the book expecting (...) to find nothing init that they had not already assimilated or rejected. To pick up the metaphor G. E. L. Owen employed in the obituary he wrote for the Aristotelian Society, they had come to regard Ryle's work as a philosophical seam which during his own lifetime had already been so extensively and profitably minedthat by the time of his death it was already producing diminishing returns. Although Williams in his review did provide a rationale for Ryle's floundering I suspect that his rationale, like most readers’ expectations, preventedhim from reading the articles in the volume at all closely. Williams's viewwas that towards the end of his life, with whatever he had had in the way of theory collapsing around him, Ryle was left with nothing but his massive common sense together with the resources of a style of writing which had bythen become a caricature of itself. As against this I shall argue that Ryle, puzzled by the notion of thinking, took the problem back to his own philosophical roots where he finally came to think that the solution lay. (shrink)

Books reviewed in this essay: Wolfgang Carl, Frege’s Theory of Sense and Reference: Its Scope and its Origins William P. Alston, A Realist Conception of Truth.

The philosophy of George Herbert Palmer, by C. M. Bakewell.--Personal traits of George Herbert Palmer, by E. W. Hocking--Faculty minute on the life and service of Professor Palmer.

Given the wide range of mythical/occult lore, stage legerdemain, and popular fantasy-based fictional stereotypes that have long been associated with the term magic in human culture, it is quite possible that some academically-minded readers may initially be put off by the title of this book. But these are not the kinds of magic that Dean Radin is talking about. Rather, he is subtly alluding to a certain class of seemingly extraordinary human experiences and abilities for which the exact underlying physical (...) and biological mechanisms are not too well understood as of yet – namely, the experiences and abilities that may be classed as psychic (or psi). He focuses on examining three general sub-classes which, in keeping with the theme of this book, are labeled in the parlance of magic: force of will (referring to psychokinesis, aka. mind-matter interaction), divination (referring to extrasensory perception), and theurgy (referring to experiences related to survival after death). Yet even with such clarification being made from the outset, there might still be readers who would wonder whether it is even a good idea to discuss psi phenomena in conjunction with magic, as some parapsychologists may be reminded of the effort once made by psychologist (and noted skeptic) James Alcock (1981) to portray an association between the two as being something fanciful and not fitting with the pursuit of science in his book Parapsychology: Science or Magic? Arguing on the basis of its seeming incompatibility with mainstream science, Alcock implied that psi is something that could be seen as being akin to occult conjuring, where one is able to spontaneously gain certain knowledge or mentally bring about certain event outcomes at will, without any apparent logic or reason. And as psychologist and psi researcher John Palmer (1983) had pointed out in his critical review of the book, Alcock even went on to imply that parapsychologists tend to act more like occult magicians than scientists, claiming that they are motivated by a predisposed belief in psi rather than an objective search for facts and data-driven theory. In light of such blatant accusations being made in the past, one might figure that parapsychologists would be wary of their subject matter being discussed or referred to in relation to magic again, in any shape or form. (shrink)

The form of this paper, which has more than one purpose, needs a word of explanation and perhaps of excuse. I had had it in mind to bring together and discuss a number of passages of Plautus in which gratus or gratia occurred. Then I came across an interesting paper by Professor L. R. Palmer in Hommages à Max Miedermann , Bruxelles, 1956, pp. 258–69, entitled ‘The Concept of Social Obligation in Indo-European: A Study in Structural Semantics’. There (...) class='Hi'>Palmer dealt, among other things, with gratus and related words; he seemed to me, however, to treat the Latin evidence, the greater part of it from Plautus, in a way which I felt to be mistaken. In addition it seemed that a preconceived theory, derived from a special interpretation of the Mycenean tablets, was being read into Roman thought and institutions against the evidence. I have therefore taken the opportunity to discuss the passages of Plautus in which I was first interested within a general examination of Palmer's treatment of the Latin evidence for his theory. (shrink)

The writings of William H. Whyte do not loom large in the literature of my field: environmental ethics, the branch of ethics devoted to consideration of whether and how there are moral reasons for protecting non-human animals and the larger natural environment. Environmental ethics is a very new field of inquiry, only found in academic philosophy departments since the early 1970s. While there is no accepted reading list of indispensable literature in environmental ethics, certainly any attempt to create such (...) a list would begin with Henry David Thoreau, John Muir, Aldo Leopold, Rachel Carson, and a more recent handful of senior scholars who had been writing on these topics early on, such as J. Baird Callicott, Val Plumwood, Peter Singer, Richard Sylvan, Tom Regan, and Holmes Rolston III (for a review of contemporary environmental ethics, see Light 2002, Palmer 2003, and Wenz 2001). (shrink)

A Persian translation of William Shakespeare's Hamlet along with the original text.

This chapter presents the following hypothesis: There is a perfectly sensible conception of the mind, consciousness, the self, what we mean by ‘I,’ how we perceive and know, and how we remember and decide, all of which cohere amongst one another as well as with what we know about the brain, according to which it is possible for one person to experience directly the conscious states of another person. Not only can one person be directly aware of the conscious states (...) of another person, he can be more aware of them than their original owner. He can even be aware of them when their original owner will never be aware of them. Mindmelding is possible, and this possibility removes much of the force from the mind-body problem by removing the impasse caused by the belief in privacy. It removes what some philosophers saw as a need to posit strange metaphysical categories. The subject's sense of self can be separated from the object of her conscious awareness which can be bound to another's sense of self. (shrink)

On Evidence in Philosophy sketches an epistemology of philosophy itself, a method for philosophical inquiry. Part 1 defends a version of Moore's method of “common sense,” in which humble, boring everyday facts like “I have hands” and “I had breakfast earlier today” trump the a priori philosophical premises of arguments for various eliminative idealisms and skepticisms. Part 2 exhibits the deeper poverty of philosophical method, arguing that philosophy cannot prove or even refute any interesting thesis. But Part 3 defends intuitions (...) as giving us good prima facie reason to accept the judgments they support, and then develops the method of wide reflective equilibrium in the context of a broader explanatory-coherentist epistemology. (shrink)

In Between Facts and Norms Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action, bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more.The introduction by William Rehg succinctly captures the special nature of the work, noting (...) that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so- called liberals and civic republicans.The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book.Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

This generous omnium-gatherum brings together all the writings William James published that have not appeared in previous volumes of this definitive edition of ...

Récurrente sous différentes formes dans le domaine de la lexicométrie, l’analyse cooccurrentielle vise à dévoiler les attractions lexicales qui opèrent dans un texte en restituant un état intermédiaire entre la séquence textuelle et l’inventaire lexical, état qui doit combiner l’explicitation syntagmatique de l’une avec la hiérarchisation statistique de l’autre. Pour dépasser les résultats des méthodes de cooccurrence classiques et identifier des systèmes cooccurrentiels plus complexes à l’oeuvre dans le texte, il s’avère nécessaire de substituer à l’approche analytique des associations lexicales (...) une vue synthétique de ces attractions prééminentes en contexte. (shrink)

This article seeks to develop an under-appreciated aspect of spectator activity: the way in which viewers make use of film to enter or sustain a project of bad faith. Based on Jean-Paul Sartre's account of bad faith in Being and Nothingness (1943), the article explains the aspects of bad faith that are pertinent to viewer activity, then explores the way viewers can make use of filmic depictions to facilitate self-denial. For example, spectators may emphasize the fact that persons are depicted (...) in narrow terms as corroboration for their belief that human nature is just as its depicted, thereby denying that we have the freedom to be otherwise. Or spectators may deny the relevance of problematic aspects of themselves when they find it depicted in characters who are admirable in other ways. I then consider whether films themselves can be described as being in bad faith. While technically they cannot, I identify ways that a film may encourage or discourage bad faith in viewers. I also examine how the immersive aspect of film enables viewers to turn attention away from themselves while they engage in self-denial. The case for this approach to viewer activity and film analysis is supplemented by a distinction between traits that do apply to film, e.g., being racist, sexist, or homophobic, and the resources it gives persons to be in bad faith about these social attitudes. I argue that a film can have traits like these while not encouraging bad faith and vice versa, demonstrating the unique perspective offered by approaching film and spectator activity in terms of bad faith. (shrink)

In this thoughtful and literate study, Schwehn argues that Max Weber and several of his contemporaries led higher education astray by stressing research--the making and transmitting of knowledge--at the expense of shaping moral character. Schwehn sees an urgent need for a change in orientation and calls for a "spiritually grounded education in and for thoughtfulness." The reforms he endorses would replace individualistic behavior, the "doing my own work" syndrome derived from the Enlightenment, with a communitarian ethic grounded in Judeo-Christian spirituality. (...) Schwehn critiques philosophies of higher education he considers misguided, from Weber and Henry Adams to Derek Bok, Allan Bloom, and William G. Perry Jr. He draws out valid insights, always showing the theological underpinnings of the so-called secular thinkers. He emphasizes the importance of community, drawing on both the secular communitarian theory of Richard Rorty and that of the Christian theorist Parker Palmer. Finally, he outlines his own prescription for a classroom-centered spiritual community of scholars. Schwehn's study will interest all those concerned with higher education in America today: faculty, students, parents, alumni, administrators, trustees, and foundation officers. (shrink)

This paper examines Aristotle’s discussion of slavery, showing his description of actual slavery to be an indictment and those regarding natural slavery to be a hypothetical investigation of a separate kind. Aristotle not only precludes the inclusion of natural slaves and freepersons in a single natural kind, but also articulates such bizarre requirements for natural slaves that they ultimately cannot exist. While this reading avoids notorious difficulties associated with Aristotle’s discussion of slaves, it replaces them with impossible preconditions for just (...) slavery—so much that one must consider the possibility that Aristotle did not believe there was such a thing as “just” slavery. Was Aristotle’s otherwise acute mind blinded by the prejudices of his time? Or is this the inevitable result of “defending” the indefensible: an ad absurdum that has been ironically misunderstood and anachronistically misapplied to modern race and racism? (shrink)

The background of these remarks is that in 1967, in ‘’Constructive reasoning” [27], I sketched an argument that finitist arithmetic coincides with primitive recursive arithmetic, P RA; and in 1981, in “Finitism” [28], I expanded on the argument. But some recent discussions and some of the more recent literature on the subject lead me to think that a few further remarks would be useful.

Now under what circumstances is a conditional true? Even to raise this question is to depart from everyday attitudes. An affirmation of the form ‘if p then q’ is commonly felt less as an affirmation of a conditional than as a conditional affirmation of the consequent…. If, after we have made such an affirmation, the antecedent turns out true, then we consider ourselves committed to the consequent, and are ready to acknowledge error if it proves false. If on the other (...) hand the antecedent turns out to have been false, our conditional affirmation is as if it had never been made. (shrink)