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Human life, society and law: fundamentals of the philosophy of the law, by Luis Recaséns Siches.- Phenomenology of the decision, by Carlos Cossio.- The eidetics and aporetics of the law, by Juan Llambías de Azevedo.- The philosophical-juridical problem of the validity of law, by Eduardo García Máynez.- Liberty as right and as power, by Eduardo García Máynez.

This volume inaugurates a new critical edition of the writings of the great English philosopher Francis Bacon (1561-1626)--the first such complete edition in more than a hundred years. It contains six of Bacon's Latin scientific works, each accompanied by entirely new facing-page translations which, together with the extensive introduction and commentaries, offer fresh insights into one of the great minds of the early seventeenth century.

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate (...) confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate (...) confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."¿Mitchell Muncy, The University Bookman. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate (...) confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)

Robert Stevens was indicted for marketing dog-fighting videos in violation of 18 U.S.C. § 48, a law criminalizing depictions of animals being "intentionally mutilated, tortured, wounded, or killed..." The law aimed principally at "crush videos," but extended to dog-fighting as well. Stevens challenged the law’s constitutionality and the Supreme Court eventually struck it down. This article explores whether the Stevens decision will have lasting implications for animal cruelty jurisprudence. It argues that the answer is “maybe, but probably not.” In Stevens, (...) the Court skirted the question of whether preventing animal cruelty can rise to the level of compelling state interest. Ironically, its avoidance of the issue may constitute a net positive for animal advocacy. (shrink)

Latin America has often been represented by images of pre-Columbian artifacts and artwork on book covers and in other printed materials produced by Latin American studies. This article tries to show that there are strong connections between this type of representation and the semantics of Latin America both in everyday English language and in the discourses of the social sciences. First, the author reviews the history of the concept of Latin America in (...) everyday English language, showing how it has been defined as the opposite of a glorified collective self-image of America, in cultural, temporal, and racial terms. Next, chief approaches of Latin American studies (modernization theory, studies of corporatism, and the present-day textbook literature) are examined, focusing on how social scientific discourses have defined Latin America. Before returning to the topic of pre-Columbian representation, the covers of the best-selling present-day textbooks are surveyed to show how these pictorial representations reproduce the cultural and temporal perceptions of otherness already present in the texts, plus a racial perception that is mostly absent in them. The author argues that the pre-Columbian representation reproduces the three aspects of Latin America’s othering in a powerful and synthetic way. Last, the results of the present analysis are evaluated in the light of some contributions to postcolonial theory, visual culture studies and picture theory. (shrink)

Aeschines of Sphettus.--Parmenides, Zeno, and Socrates.--Forms and numbers: a study in Platonic metaphysics.--The philosophy of Proclus.--The analysis of Epistēmē in Plato's seventh epistle.--St. Thomas Aquinas as a philosopher.--Francis Bacon.--Some features of Butler's ethics.--David Hume and the miraculous.--Knowing and believing.--Is goodness a quality?

Sven Bernecker presents an analysis of the concept of propositional (or factual) memory, and examines a number of metaphysical and epistemological issues crucial to the understanding of memory. -/- Bernecker argues that memory, unlike knowledge, implies neither belief nor justification. There are instances where memory, though hitting the mark of truth, succeeds in an epistemically defective way. This book shows that, contrary to received wisdom in epistemology, memory not only preserves epistemic features generated by other epistemic sources but also functions (...) as a source of justification and knowledge. According to the causal theory of memory argued for in this book, the dependence of memory states on past representations supports counterfactuals of the form: if the subject hadn't represented a given proposition in the past he wouldn't represent it in the present. The book argues for a version of content externalism whereupon the individuation of memory contents depends on relations the subject bears to his past physical or social environment. Moreover, Bernecker shows that memory doesn't require identity, but only similarity, of past and present attitudes and contents. The notion of content similarity is explicated in terms of the entailment relation. (shrink)

Wisdom, J. L. Susan Stebbing, 1885-1943, an appreciation.--Acton, H. B. Moral ends and means.--Laird, J. Reflections occasioned by ideals and illusions.--Edgell, B. The way of behaviour.--Oakeley, H. D. Is there reason in history?--Mace, C. A. The logic of elucidation.--Ewing, A. C. Philosophical analysis.--Duncan-Jones, A. The concert ticket.--Black, M. Logic and semantics.--Saw, R. L. The grounds of induction in Professor Whitehead's philosophy of nature.--Russell, L. J. Epistemology and the ego-centric predicament.--Susan Stebbing: publications (p. 155-156).

This article reviews the first two works featuring essays derived from talks given before the Ayn Rand Society, an affiliated group of the American Philosophical Association, Eastern Division. The books are both edited by the late Allan Gotthelf and James G. Lennox, each dealing with a different aspect of Ayn Rand's philosophy. The first is a study in Ayn Rand's normative theory and the second offers reflections on Rand's theory of knowledge.

A few days before his death my husband requested me to write a few words of thanks on the publication of this collection of articles. He had already prepared the greater part of the volume for the press and had also decided on the title Science a Road to Wisdom. His original selection was somewhat more comprehensive, which is still partly reflected in the Preface. Knowing how much he wished to see this collection published, I respectfully and lovingly fulfil his (...) request, thanking Else M. Barth and J. J. A. Mooij for their extensive and expert care in putting the final touches to the volume. ADDITION TO THE TRANSLATION Finally, I wish to thank Peter G. E. Wesly for his willingness to undertake the translation of the book into English. c. P. C. BETH-PASTOOR IX PREFACE In this republication of a number of philosophical studies I have refrained from including articles of a specialized nature on symbolic logic and the methodology of the exact sciences. There was no cause to include my contributions towards the didactics of mathematics and physics, nor did I consider it appropriate to reprint pieces of a predominantly polemical nature. I decided, however, that a very modest selection from my purely historical work would not be out of place. (shrink)

Memoir.--Cogitatio metaphysica.--The relation of logic to psychology [Philosophical review, vol. V & vol. VI]--The relation of metaphysics to epistemology [Philosophical review, vol. III]--The one and the many. [Mind, n. s., vol. VII]--Confessio fidei.--Moral philosophy. On the method and scope of ethics.--Index.

Drawing on the epistemology of logic literature on anti-exceptionalism about logic, we set out to investigate the following metaphilosophical questions empirically: Is philosophy special? Are its methods (dis)continuous with science? More specifically, we test the following metaphilosophical hypotheses empirically: philosophical deductivism, philosophical inductivism, and philosophical abductivism. Using indicator words to classify arguments by type (namely, deductive, inductive, and abductive arguments), we searched through a large corpus of philosophical texts mined from the JSTOR database (N = (...) 435,703) to find patterns of argumentation. The results of our quantitative, corpus-based study suggest that deductive arguments are significantly more common than abductive arguments and inductive arguments in philosophical texts overall, but they are gradually and steadily giving way to non-deductive (i.e. inductive and abductive) arguments in academic philosophy. (shrink)

This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing (...) debates about experimental philosophy generally, one can anticipate where disagreement is likely to occur. Outside of experimental general jurisprudence, there is plenty of vibrant discussion about how experimental results can enrich our understanding of various concepts that figure in everyday legal thought such as causation, intention, consent, or meaning. In the future, experimental legal philosophers should continue to consider the degree to which their project is purely descriptive or whether it is revisionary or pragmatic in its ambitions. Also, future work might consider whether to focus more attention on legal experts. (shrink)

"Dare to be wise."--Mysticism.--Personality.--The individualism of value.--The unreality of time.--The relation of time and eternity.--The meaning of causality.--Propositions applicable to themselves.--Introduction to the study of philosophy.--The further determination of the absolute.--An ontological idealism.

In these previously uncollected essays, Smith argues that American philosophers like Peirce, James, Royce, and Dewey have forged a unique philosophical tradition—one that is rich and complex enough to represent a genuine alternative to the analytic, phenomenological, and hermeneutical traditions which have originated in Britain or Europe. "In my judgment, John Smith has no equal today in combining two scholarly qualities: the analysis of philosophical texts with penetration and rigor, and the discernment of what it is in these (...) texts that matters. These qualities are in evidence throughout the essays in _America's Philosophical Vision._ Whether he is evaluating Rorty's view of Dewey; the pragmatic theory of experience and truth; theories of freedom, creativity, and the self; Royce's conception of community; or synoptic philosophic visions, Smith always succeeds in uniting a comprehensive understanding of philosophic writings with a sure grasp of their import for human culture and aspiration. It is a great benefit to students of American thought that these papers have now been collected into one volume."—James Gouinlock, Emory University. (shrink)

Given statements like these about current developments in intellectualizing about law in America it is an exciting time to look at American legal philosophy. Given the ferment in the law schools and the volume of literature in the law journals it is also a difficult task confidently to extract the main lines of current thought and adequately to assess the significance of current intellectual movements. American lawyers are inclined to point out that there is no such thing (...) as ‘American law’. Rather, in addition to Federal law and the Supreme Court's jurisdiction there are some fifty jurisdictions each with its own Constitution, Legislature and Supreme Court and consequently diversity rather than uniformity is the rule. Equally, the very idea that there is some single, coherent and widely accepted theory of law deserving description as ‘American legal philosophy’ obviously begs all manner of significant questions. (shrink)

Ageism is a pan-cultural problem, and correspondingly, increased research attention worldwide has focused on how a person’s age drives prejudice against them. Nevertheless, recent work argues that chronological age alone is a limited predictor of prejudice—particularly in the workplace, where age conflates intertwined elements, and across cultures, in which the nature of ageism can substantially differ. A recent organizational behavior framework advocates for extending beyond numerical age alone, focusing instead on prejudice arising from workers’ perceived Generation, Age, Tenure, and Experience. (...) In addition to clarifying the multifaceted nature of workplace ageism, GATE helps uncover potential cultural ageism differences. Using the United States and China as focal Western and Eastern prototypes, the current paper compares Eastern and Western cultures through a GATE Lens. Eastern and Western cultures adopt different perceptions of generations, elder life stages, organizational tenure expectations, and desired experience levels. Moreover, existing research offers clues for how workplace GATE-ism likely differs between cultures, but more research is needed. Future research should adopt a nuanced GATE conception of “age”-ism, toward enhanced ageism understanding and the ability to utilize a globally aging workforce. (shrink)

Thomas Kelly's book 'Bias: A philosophical study', is a philosophical exploration of the phenomena of bias and our practice of attributing it. He delves into the multifaceted nature of bias and offers a norm theoretic account for conceptualizing the phenomenon as typically involving "systematic departures from the norms". As a topic of inquiry, bias has attracted comparatively less attention in philosophy than in other disciplines like psychology and statistics. Hence, this book is an interesting and relevant read. (...) Scholars working in the areas of ethics, epistemology and social epistemology can greatly benefit from it. Practitioners of AI can also gain valuable insights from the study of bias. -/- In my review of the book, I provide a critical summary of Kelly's main arguments while acknowledging its fruitfulness in understanding bias. (shrink)

This is a philosophical study by a group of scholars discussing issues related to globalization, its challenges and opportunities as well as how philosophy can provide constructive suggestions, especially from African experiences and perspectives. Thematic concerns include relationship between African and Western philosophies, ecological problems, religious extremism and pluralism, freedom and ethics, climate change in Africa, environmental ethics, ubuntu ethics and business management, dialogue of cultures and traditions, etc.

To some students this method was too uncompromising for human frailty. To others, while chastening almost to despair, it was immensely stimulating; and the writer of this notice, who had the privilege of working with him for three years, falls emphatically in the latter group. Joachim was a remark able teacher who had no use for the arts and devices of the teacher. He gained his effect through the purgative influence on his pupils of his rare singleness of mind. Frail (...) of body, shy, deficient in animal spirits, he was still so obviously and wholly interested in the truth of the matter, so scrupulous in scholarship, and so just in statement, so incapable of glossing over difficulties with rhetoric, so reverent of the great philosophers and so modest about himself, that one's hours with him were memorable lessons in the patience and the discipline of good work. Though the discipline was rigorous, one was given to feel that something of great price lay at the end, nothing less indeed than a vision of reality. Logic in his hands was no mere razor-honing, nor was it a manipulation of symbols according to rules, nor yet a rattling of semantical dry bones; it was a study of the nature and conditions of intelligibility. And since intelligibility reached its high point in philosophy, he chose to study logic by studying the ideals of understanding implicit in the great philosophers. For his own part, the test of any theory was its power to maintain itself in the light of reflectively ordered experience as a whole, and hence he would not have regarded his classical learning, his studies in German literature, or even his virtuosity on the violin as wholly alien to his thought. He belonged to the tradition in which philosophy, if not identical with wisdom, at least carried it as a corollary. (shrink)

Chiefly comprises articles previously published in various periodicals.

In _Suhrawardī’s Illuminationism_, Jari Kaukua offers a new interpretation of Shihāb al-Dīn al-Suhrawardī’s (d. 1191 CE) illuminationist (_ishrāqī_) philosophy. Commonly portrayed as a mystic, Suhrawardī appears here as a critical and systematic philosopher.

Sven Bernecker’s contribution to the ongoing revival in the philosophy of memory offers a consistent vision and analysis of propositional remembering, and covers a range of topics in analytic metaphysics and epistemology. Bernecker defends a methodological externalism, by which memory ‘must be analyzed from a third-person point of view’ (34): so even though conceptual analysis remains the primary method, the ‘linguistic intuitions’ that guide it ‘are not a priori but empirical working hypotheses’ (31). Given the central role of such (...) intuitions in Bernecker’s treatment of many briefly described thought experiments throughout the book, it is strange that he does not defend their use more explicitly in this early section on method, instead leaving it to a later footnote (147, n. 11) to say that ‘trying to defend the use of intuitions in the philosophy of memory would . . . take us too far afield’. Bernecker’s subtitle signals a restricted target audience: this is a book for those analytic philosophers who will enjoy long exegeses on Twin Earth, slow switching or quasi-memory. Psychological results on memory are cited, but only piecemeal, and interactive dialogue with scientific theory is not Bernecker’s aim. (shrink)

Coady’s book is probably the single most comprehensive treatment of philosophical questions relating to testimony and as such must be read by anyone interested in the topic. His epistemological conclusions concerning testimony challenge much of the philosophical tradition.

The fact that this well-known work has gone into a paperback edition almost twenty years after its first appearance in 1949 says more for it than a reviewer can, given the usual limitations of time and space. It is a pleasure, however, to add a brief voice to the general commendation, and to recommend this work for its gathering together of a wealth of information not otherwise easily accessible.

This paper develops and defends novel accounts of accurate and reasonable doubt. We take a cue from Sosa's telic epistemic normative picture to argue that one’s degree of doubt that p is accurate just in case it matches the level of veritic risk involved in believing that p. In turn, on this account, reasonable doubt is doubt that is generated by a properly functioning cognitive capacity with the function of encoding veritic risk.

This paper contends that philosophers should consult the work of intellectual historians, who write on the history of the social formation of philosophy in the U.S., in order to understand our past role in American society and our intellectual niche in the academy. By understanding the history of our field as a social and cultural phenomenon, and not as a set of ideas that transcend their human contexts, we will be in a better position to set a future course (...) for our discipline. (shrink)

Originally published in 1981, this book provides a detailed account of the emergence of the children's rights movement, and analyses the concept of a right. It considers the justifications which may be sought when rights are claimed. Particular attention is given to the problem which arises when different rights are seen to be in conflict with each other or with other kinds of moral consideration. These arguments are then examined with regard to such special features of children as their incomplete (...) but developing rationality and their material dependence on adults. (shrink)

Most music we hear comes to us via a recording medium on which sound has been stored. Such remoteness of music heard from music made has become so commonplace it is rarely considered. _Musical Performance: A Philosophical Study_ considers the implications of this separation for live musical performance and music-making. Rather than examining the composition or perception of music as most philosophical accounts of music do, Stan Godlovitch takes up the problem of how the tradition of active music (...) playing and performing has been challenged by technology and what problems this poses for philosophical aesthetics. Where does does the value of musical performance lie? Is human performance of music a mere transfer medium? Is the performance of music more expressive than recorded music? Musical Performance poses questions such as these to develop a fascinating account of music today. musicians - but via some recording medium on which sound has been stored. (shrink)