There is an ongoing debate within the law of unjust enrichment whether the victim of a pickpocket has, in addition to a claim in tort against the thief, one in unjust enrichment. Those who argue that he does say that it follows a fortiori from the availability of claims in unjust enrichment for mistake. If the law gives a claim where the transferor's consent to the transfer was merely vitiated, as it does in cases of mistake, so too should it (...) do so where he was ignorant, giving no consent whatever to the ‘transfer’. This idea is used by the protagonists of ignorance as the basis of an explanation of a number of controversial cases, especially Lipkin Gorman v Karpnale and Foskett v McKeown, as belonging within unjust enrichment. This article questions whether the argument is correct. Differently to the case of a mistaken transfer, where the claimant's title passes to the defendant, the pickpocket victim's title stays put. That would seem to be fatal to any unjust enrichment analysis, for an essential element of such a claim, an enrichment at the claimant's expense, now appears to be missing. The question then is whether that objection can be overcome. Various strategies have been proposed, that the law looks to ‘factual’ rather than ‘technical’ enrichments, that title can be electively transferred by the victim to the thief and that title can simply be renounced. None of these strategies work, however, with the consequence that any claim by a victim against his thief can only be in tort, not unjust enrichment. (shrink)

Autobiography and Teacher Development in China investigates the roles of autobiography in teacher education, as several scholars in China recontextualize Western conceptions of teacher development, combining them with uniquely Chinese cultural conceptions to articulate a reconceptualization of teacher development that holds worldwide significance. Framed by the work of Zhang Hua and William F. Pinar, these theoretical and practical essays point to an internationally inflected reconceptualization of teachers' professional development, pre-service and in-service. This volume addresses multiple movements of teacher education (...) reform worldwide, focused on crafting a nationally distinctive course not only internationally, but also culturally, historically, and locally. (shrink)

Analytic theology can flourish in the secular academy, and flourish as authentically Christian theology. Analytic Theology and the Academic Study of Religion explains analytic theology to other theologians and scholars of religion, while simultaneously explaining those other fields to analytic theologians. William Wood defends analytic theology from some common criticisms, but also argues that analytic theologians have much to learn from other forms of inquiry. Analytic theology is a legitimate form of theology, and a legitimate form of academic inquiry, (...) and it can be a valuable conversation partner within the wider religious studies academy. Analytic Theology and the Academic Study of Religion articulates an attractive vision of analytic theology, fosters a more fruitful inter-disciplinary conversation, and enables scholars across the religious studies academy to understand one another better. (shrink)

Reprint of the original, first published in 1860.

This article traces the career arc of Dutch psychoanalyst Joost A. M. Meerloo by examining his biography and his psychology of interrogation and confession. His life story, particularly his experiences during the German occupation of the Netherlands and his escape to England during World War II, shaped his views on these issues, as well as his rise to prominence as an expert on these topics in the United States. His psychoanalytic perspectives on interrogation and confession, including false confession, reflected the (...) zeitgeist of the First Wave of Cold War interrogation tactics and related scholarship. His career as a scholar of interrogation faded with the study of distinct interrogation tactics used by communists during the Korean War, the emergence of experimental social psychology, and a growing cohort of scholars who rejected his psychoanalytic views in favor of more contemporary approaches. For these reasons, his work remains undervalued, increasing the risks that today’s scholars will fail to recognize his larger contributions and his warnings about vulnerability and psychologists’ roles in military interrogations. The article reviews the rise and fall of the career of Joost A. M. Meerloo as a scholar of Cold War interrogation, including his contributions and his unheeded warnings about vulnerability and psychologists’ roles in military interrogations. (shrink)

The endowment of religious, charitable, and educational enterprises by the establishment of trusts in land, the income from which could be devoted to such uses, was an immensely popular form of pious expression in both medieval Christendom and the Islamic world. The motives for, and applications of such endowments differed markedly, however, between the two religious cultures. The endowment of prayers and masses for beneficiaries, living and dead, exemplified the sacramental and sacerdotal quality of pre-Reformation Christianity. This ritualistic and ecclesiastical (...) use of endowments in Latin Christian Europe and the Orthodox East, a use dependent on the existence of a sacramental system and an institutional church, contrasted sharply with the broader application of the Muslim waqf, by means of which pious individuals and groups sponsored a wide variety of charities, explicitly life-oriented and quite unconnected with a corporate clerical establishment. The infinite multiplication of private acts of charity by devout Muslims manifested the moralistic bent of Islam, which aspired to recast society according to the norms of the Qur'an and sacred law. The contrasting uses to which the two religious systems put the gifts and legacies of the faithful reflected the operation of fundamentally different religious premises, whereas the institutionalization of these premises in a shared legal fiction, the trust, assured their enforcement in society and life. (shrink)

Charity is not only about giving to those in need, but in a broader sense about loving your neighbor and doing good things for other people without thought of reward. So wrote Swedish visionary Emanuel Swedenborg, who believed that charity, along with faiths, was part of the foundation of spiritual practice. This work combines two of Swedenborg's unpublished manuscripts to form a practical, inspirational handbook for appying the principle of doing good to daily life.

One of the world's great philosophers, William of Ockham's On the Connection of the Virtues (De connexione virtutum) provides insightful perspectives on ordinary issues of human conduct. Written in reasonably simple and nontechnical language, it is translated into English here for the first time. Ockham's views on many subjects have been misunderstood, his views on ethics as much as any. This book is designed to avoid some pitfalls that arise in reading medieval philosophy generally and Ockham in particular. Wood (...) begins her introduction with an account of what is known about Ockham's life and works and with a discussion of his place in the history of philosophy, followed by a brief general guide to his views. Finally, there is a historical account of the medieval debate on the connection of the virtues, to which Ockham's treatise is an important contribution. Problems of interpretation are addressed in the commentary, which follows the translation. Translation, commentary, and introduction provide students of Ockham's treatise with what they need to appreciate his stance on ethical issues and to approach his arguments critically. (shrink)

The ArgumentMany of the epistemological issues that occupied natural philosophers of the seventeenth century were expressed visually in title-page engravings. One of those issues concerned the relative status to be accorded to evidence of the senses, as compared to knowledge gained by faith or reason. In title-page illustrations, the various arguments were often waged by a series of light metaphors: the Light of Reason, the Light of Nature, and the Lights of Sense, Scripture, and Grace. When such illustrations are examined (...) with the authors' theological views in mind, it becomes apparent that in the first half of the seventeenth century, Catholic authors favored the Light of Reason as a source of truth, while Protestant authors favored the Light of Nature. Since by the end of the century it was widely accepted by scientists of all religious persuasions that certain knowledge must be grounded in sense evidence and the direct study of nature, one might argue that in this instance Protestantism was responsible for nurturing an important development of the Scientific Revolution. However, the skewed nature of the sample and the large number of counterexamples available mitigate against taking this offshoot of the Merton thesis too seriously. (shrink)

This article first addresses the question of “why” we teach business ethics. Our answer to “why” provides both a response to those who oppose business ethics courses and a direction for course content. We believe a solid, comprehensive course in business ethics should address not only moral philosophy, ethical dilemmas, and corporate social responsibility – the traditional pillars of the disciple – but also additional areas necessary to make sense of the goings-on in the business world and in the news. (...) These “new pillars,” that we advocate include moral psychology, organizational design and behavior, motivational theory, and a unit on how society, business, and law interact. This last unit builds upon the work of Francis P. McHugh (1988) who urged an integration of “disciplines related to business ethics.” Our seventh pillar would encompass an integration of law, socio-political theory, and policy to demonstrate how business helps construct its own regulatory framework. The concluding recommendation is for a comprehensive “Seven Pillars” of business ethics approach. (shrink)

Scientific models may be more useful for false assumptions they make than true ones when one is interested not in the fit of the model, but in the form of the residuals. Modeling Darwin’s “blending” theory of inheritance shows how it illuminates features of Mendelian theory. Insufficient understanding of it leads to incorrect moves in modeling population structure. But it may prove even more useful for organizing a theory of cultural evolution. Analysis of “blending” inheritance gives new tools for recognizing (...) population structure for culture and for understanding differences between biological and cultural inheritance. (shrink)

This paper discusses using the Chernobyl Incident as a case study in engineering ethics instruction. Groups of students are asked to take on the role of a faction involved in the Chernobyl disaster and to defend their decisions in a mock debate. The results of student surveys and the Engineering and Science Issues Test indicate that the approach is very popular with students and has a positive impact on moral reasoning. The approach incorporates technical, communication and teamwork skills and has (...) many of the features suggested by recent literature. (shrink)

William G. Lycan; XII*—Two—No, Three—Concepts of Possible Worlds, Proceedings of the Aristotelian Society, Volume 91, Issue 1, 1 June 1991, Pages 215–228, https.

This paper argues that we ought to conceive of the Dark Energy problem—the question of how to account for observational data, naturally interpreted as accelerated expansion of the universe—as a crisis of underdetermined pursuit-worthiness. Not only are the various approaches to the Dark Energy problem evidentially underdetermined; at present, no compelling reasons single out any of them as more likely to be true than the other. More vexingly for working scientists, none of the approaches stands out as uncontroversially preferable over (...) its rivals in terms of its rationally warranted promise, i.e. the reasons to further work on, explore, and develop it. We demonstrate this claim by applying a Peircean economic model of pursuit-worthiness in terms of a cognitive cost/benefit estimate—with the instantiation of theory virtues as key indicators of cognitive gains—to the four main Dark Energy proposals (the cosmological constant approach, modified gravity, quintessence, and inhomogeneous cosmologies). According to our analysis, these approaches do not admit of an unambiguous, or uncontroversial, ranking with respect to which ansatz deserves distinguished attention and research efforts. The overall methodological counsel that our analysis underwrites recommends a pragmatic double research strategy forward: to encourage and foster theory pluralism and the search for tests—with the goal of enhancing the testability of the \(\Lambda \) CDM model and “testing it to destruction". (shrink)

After an initial discussion of the character of interdisciplinary linkages between complex disciplines, I consider an area with confluences of many diverse disciplines—the study of cultural evolution. This must embrace not only the traditional biological sciences, but also the multiple often warring disciplines of the human sciences. This interdisciplinary articulation is in its early stages compared, e.g., to that of evolutionary biology or evolutionary developmental biology, and I try to lay out major axes along which its articulation should plausibly occur, (...) given the relevant causal processes acting at different levels. One cannot have an adequate account of cultural evolution without recognizing a central role for cognitive and social development and the social and cultural organizations and institutions and artifactual tools and infrastructure that support and structure these developmental processes. These induce a population structure that mediates the transmission, expression, and elaboration of culture, and in particular the different ways in which they scaffold learning and the development and articulation of complex skills. I consider how these elements should articulate the disciplines that tend to focus separately on them. Intentions and the market are not explicitly included in this account, and I consider ways in which these perspectives might enter. (shrink)

The role of pictures and visual modes of presentation of data in science is a topic of increasing interest to workers in artificial intelligence, problem solving, and scientists in all fields who must deal with large quantities of complex multidimensional data. Drawing on studies of animal motion, aerodynamics, morphological transformations, the history of linkage mapping, and the analysis of deterministic chaos, I focus on the strengths and limitations of our visual system, the analysis of problems particularly suited to visualization-the analysis (...) of similarities and differences between complex objects, and problems making conjoint use of information from several complex images. (shrink)

The Christian Tradition has Consistently claimed that, somehow, God may be identified with the truth as such. The claim has a fine biblical pedigree: John’s gospel asserts that Christ, and therefore God, is truth (John 14:6, 16:13). It is prominent in the early church fathers, especially Augustine; and the medievals, including Anselm, largely followed his lead. Nor is the claim confined to the pre-Reformation era. It is also found in the Reformed Church’s Westminster Confession, for example.1 Despite its pedigree, the (...) claim that God is truth strikes modern sensibilities as bizarre, a gross category mistake. For example, many contemporary philosophers treat truth as a property of statements or .. (shrink)

This book introduces the work of an important medieval Islamic philosopher who is little known outside the Persian world. Afdal al-Din Kashani was a contemporary of a number of important Muslim thinkers, including Averroes and Ibn al-Arabi. Kashani did not write for advanced students of philosophy but rather for beginners. In the main body of his work, he offers especially clear and insightful expositions of various philosophical positions, making him an invaluable resource for those who would like to learn the (...) basic principles and arguments of this philosophical tradition but do not have a strong background in philosophy. Here, Chittick uses Kashani and his work to introduce the basic issues and arguments of Islamic philosophy to modern readers. (shrink)

Frege begins his exposition of the symbol system employed in his Begriffsschrift by introducing the sign ⟝, whereby, he says, “[a] judgment is always to be expressed”.[The judgment sign] stands to the left of the sign or complex of signs in which the content of the judgment is given. If we omit the little stroke at the left of the horizontal stroke, then the judgment is to be transformed into a mere complex of ideas; the author is not expressing his (...) recognition or nonrecognition of the truth of this. (shrink)

Roman Frigg and others have developed a general epistemological argument designed to cast doubt on the capacity of a broad range of mathematical models to generate “decision relevant predictions.” In this article, we lay out the structure of their argument—an argument by analogy—with an eye to identifying points at which certain epistemically significant distinctions might limit the force of the analogy. Finally, some of these epistemically significant distinctions are introduced and defended as relevant to a great many of the predictive (...) mathematical modeling projects employed in contemporary climate science. (shrink)

The ArgumentUsing a pernicious Foucaultian reading of Weber's rationalization theories, I endeavor in this essay to illuminate academic acts as kept in the Brandenburg-Prussian state archive in Berlin, with some comparison to others, chiefly those in the Bavarian state archive in Munich. The essay concerns the microtechniques of marking, collecting and keeping records, and the form and content of archives of academic acts – interesting for the reason that paperwork circumscribes the state ministry's ability to recollect academic acts and hence (...) its power and knowledge over academics. I consider mostly acts relating to the early modern “Arts and Philosophy Faculty,” which corresponds more or less to the present-day “Division of Arts, Letters and Sciences.” The transformation, traced from the Baroque to the Romantic era, is understood as a process of “ministerial-market rationalization” of German academia: I try to show how central German ministries, as reflected in archival acts, altered the academic persona to suit themselves and the market, and how professorial appointments were rationalized accordingly. (shrink)

This paper analyzes business people's attitudes towards the tactics used for gathering competitive corporate intelligence both within their own and their competitors' corporations. Business people in large corporations are highly motivated to gather such intelligence. Their attitudes towards the ethicality of specific practices, however, are influenced by the corporate culture, their perceived effectiveness of the techniques, and their perception of the competitors' tactics. Interestingly enough, the most popular technique for securing information is socializing with competitors in nonbusiness settings. Business people (...) generally view their competitors negatively, believing that they go to much further lengths than does their own corporation in gathering competitive intelligence. (shrink)

This paper endorses and defends M. J. Cresswell's view that the distinction drawn in linguistic semantics between strictly "logical" implication and merely lexical implication is bogus, and then explores the bad consequences that concession has for the Davidsonian semantic program. A pattern of semantic explanation made famous by Davidson's "The logical form of action sentences" is shown to be far less interesting than has been thought.