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

ICRC has coordinated relief for victims who are ignored by the world, in more places than all the UN agencies combined. When law is silent, as often during war time it is, human rights policies must be built on ethical choice.

Introduction: Context and hisotry -- Introducing the dailogue partners : Torrance and Feyerabend -- Torrance : theology cohabiting with natural science -- Torrance's proposal : a new objectivity -- Feyerabend's challenge : 'knowledge without foundations' -- Two excuses -- Coherence and language -- From foundations to spirals -- Conclusion.

In this article I intend to give more attention to Pufendorf's ideas than has been the custom among international relations theorists. The main focus will be upon Pufendorf's distillation and conceptualization of the implications of Westphalia in terms of sovereignty and the integrity of states. Furthermore, his extension of the Aristotelian classification of types of state, and his attempts to go beyond Bodin's and Hobbes's theories of sovereignty, provide the vocabulary and concepts in terms of which the different international actors (...) of the late seventeenth century could be understood. In this respect the focus is altogether different from Linklater. My emphasis upon the historical and emblematic character of the Peace of Westphalia, the personification of the state and its animation by sovereignty, which serves to facilitate Pufendorf's exploration of the idea of a system of states, and my suggestion that his ideas are not wholly redundant and may be used to explore some facets of a modern states system, serve considerably to extend Forsyth's brief analysis. (shrink)

Much of the sustained attention on pandemic preparedness has focused on the ethical justification for plans for the “crisis” phase of a surge when, despite augmentation efforts, the demand for life...

Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first--the value view of rights--argues that for a person to have a right is to be valuable in a certain way, or to have a value property. This special type of value is in turn identified by the reasons that others have for treating the right holder in certain ways, and that correlate with the value in question. David Alm then argues that (...) the familiar agency view of rights should be replaced with a different version according to which persons' rights, and thus at least in part their value, are based on their actions rather than their mere agency. This view, which Alm calls exercise-based rights, retains some of the most valuable features of the agency view while also defending it against common objections concerning right loss. This book presents a unique conception of exercise-based rights that will be of keen interest to ethicists, legal philosophers, and political philosophers interested in rights theory. (shrink)

I distinguish between two conceptually different kinds of physical space: a space of ordinary material bodies, which is the space of points at which I could imaginably place the tip of my finger, or the center of a billiard-ball, and a space of elementary physical determinables, which is the smallest space of points such that stipulating what is happening at each one of those points, at every time, amounts to an exhaustive physical history of the universe. In all classical physical (...) theories, these two spaces happen to coincide – and what we mean by calling a theory “classical”, and all we mean by calling a theory “classical”, is precisely that these two spaces coincide. But once the distinction between these two spaces in on the table, it becomes clear that there is no logical or conceptual reason why they must coincide – and it turns out that a very simple way of pulling them apart from one another gives us quantum mechanics. (shrink)

David Shaw has a Master of Arts degree in Philosophy from the Aquinas Institute. This three-year in-depth study of Aristotle was illuminated with commentaries by Thomas Aquinas. Many persons believe that God has created everything that is. I do not disagree with them but I am not satisfied with this generality. There is no guidance in this belief. We have endured 300 years since the revolutionaries of modern science began their dismemberment of the Greek cosmos that had endured for (...) 2,000 years. We now have no theory of creation. The Hebrew cosmos and the Greek cosmos made up the traditional theories of creation for the western world. Since many have forgotten this history, I summarize it before venturing into my proposal for a new theory of creation. Our universe and the ancient universe are vastly different. The ancient universe was static. It was thought to have no history. Our universe is dynamic. It has a history. Harold Morowitz has identified 28 emergences of new complexity in our universe [1]. I propose a new theory of creation. I give four arguments for community as the next emergence based on the statements of four great thinkers: Plato, Thomas Jefferson, Martin Luther King, and Michael Sandel. These thinkers do not propose community as the next emergence, they do identify community as a central process in human affairs. A description of my experience with community-building projects is included. While writing this section, the importance of civic fabric in building community confronted me.Community does not flow from civic fabric. Community does not flow without civicfabric. Civic fabric is the foundation for community. 1. Morowitz, Harrold. The Emergence Of Everything: How The World Became Complex. (shrink)

The public forum has been connected to the functioning of democracy, expressive freedom, and the media's role in society. While the public forum's legal contours have been examined, the ethical foundation of the public forum has not. Relying on archival research, this article argues that ideas about the public forum can be traced to the pragmatism of Grenville Clark, who influenced ideas about the public forum through his work on the American Bar Association's Bill of Rights Committee.

According to the self-defense view, the moral justification of punishment is derived from the moral justification of an earlier threat of punishment for an offense. According to the forfeiture view, criminals can justly be punished because they have forfeited certain rights in virtue of their crimes. The paper defends three theses about these two views. (1) The self-defense view is false because the right to threaten retaliation is not independent of the right to carry out that threat. (2) A more (...) plausible account of the right to threaten says instead that the right to retaliate is primary to the right to threaten, and that the former right in turn arises because aggressors forfeit the right not to suffer retaliation. (3) The ?fair warning thesis,? according to which just punishment must be preceded by a threat, is less plausible than first appearances suggest and is therefore no serious obstacle to the view of threats described above. (shrink)

When patients are admitted to the hospital, they are generally expected to remain in or within close proximity to their assigned rooms in order to promote their safety and appropriate medical care. Although there are circumstances when patients may safely leave their hospital room or floor, guidance within the medical literature for the management of patient movement within the hospital are lacking. Excessive restrictions on patient movement may be seen as overly paternalistic, while lax requirements may interfere with high quality (...) care, patient safety and efficient hospital practice. As a result, guidance in the form of institutional policy is warranted. Such policy development should take into consideration the potential clinical, legal, and ethical concerns in balancing the competing values of patients’ preferences and respect for autonomy, while ensuring high quality, safe, and efficacious medical care. This paper will provide a framework for hospitals to create institution-specific patient movement policies that are fair, systematic, and transparent. (shrink)

In this paper I criticize the standard argument for deontological egalitarianism, understood as the thesis that there is a moral claim to have an equal share of well-being or whatever other good counts. That argument is based on the idea that equals should be treated equally. I connect the debate over egalitarianism with that over comparative justice. A common theme is a general skepticism against comparative claims. I argue (i) that there can be no claim to equality based simply on (...) the fact of equal worth as that fact itself does not have any value for the supposed claim holder; and (ii) intuitions that suggest otherwise can be explained away without appealing to comparative claims. (shrink)

In this paper, I consider the question of whether crime victims can be said to have a moral right to see their victimizers punished that could explain why they often feel wronged or cheated when the state fails to punish offenders. In the first part, I explain what I mean by a “right to punishment” and what it is for such a right to “explain” the frustrated crime victim’s reaction. In the second part, I distinguish such a right from a (...) Lockean-style right to punish, which is also shown incapable of providing the needed explanation. In the third part I argue that it is difficult to identify any benefit such that the right to punishment could plausibly be understood as a right to that benefit. I discuss two main candidates here: the vaguely Hegelian idea that punishment is itself some sort of restitution for the wrong done to the victim; and the idea, due to Victor Tadros, that punishment is a form of compensation for wrongdoing by contributing indirectly to protecting victims from future harm. In the final section, I suggest instead that the frustrated crime victim’s reaction, when justified, is best explained, not by the violation of any right to punishment, but rather by the state’s failure to treat the victim as an equal. (shrink)

Hefty and serious—that is how this book feels when you pick it up. That was my subjective aesthetic experience anyway. Aesthetic judgment is, after all, one key to assessing our thoughts and perceptions. More on that soon, as you might expect.Hefty and serious also describes the questions with which the volume grapples: Is there, or can there be, a clear American Aesthetics, not merely aesthetics practiced by Americans? What would that look like? How would such a process affect the minds (...) and actions of Americans?The answers? It's complicated.The twenty essays in this volume trace the possibility of an American Aesthetics from foundational ideas of the past to the contemporary landscape. The goal is not only articulating an aesthetics that is distinctively American—aesthetics as a method for examining the arts and the artful—but also the possibility of aesthetics as a dynamic tool for pursuing a flourishing life within our hyper-capitalist, consumerist culture.Constant amongst the scholars gathered here is the assertion that aesthetics is not an abstract academic pursuit interesting only to the privileged and interested few but rather that aesthetics is the key element in the human pursuit of meaning and purpose in our lives. Aristotle would approve!Speaking of ancestors, the scholars here trace the work of grandparents such as Ralph Waldo Emerson, Charles Pierce, and William James, and parents such as the pragmatist John Dewey and the process philosopher Alfred North Whitehead. (Whitehead is from the UK but “American” in that he died in the US after a long career at Harvard and wrote his magnum opus, Process and Reality, in the US.) From these ancestors, the scholars gathered in this volume see a path forward: Art as conscious experience, as Dewey posited, and/or art as committed immersion in the process, as Whitehead claimed.Whitehead's process approach—process aesthetics—reminds us that each moment of our experience in this at once mundane and amazing world is an occasion of beauty and a telos—each moment is in the larger process of reality quite literally our last.William James attempted to map how we might free ourselves from the everyday and from everyday-ness: “We are stuffed with abstract conceptions, and glib verbalities and verbosities and in the culture of these higher functions the peculiar sources of joy connected with our simpler functions often dry up” (109). Yet, according to James, there is hope due to the fact that we human beings seek art and do art first and foremost because we enjoy it.Enjoyment was not the angle from which John Dewey approached the subject. According to Dewey our aesthetic reactions and interactions create the experience of art (and life) that re-accesses “an underlying harmony... that we vaguely remember” (112). For pragmatists, noticing a “thing” is entering a relationship with that thing, what David Strong terms in his essay, “correlational coexistence” (371).From these building blocks the scholars assembled propose ways to change US culture from one prone to ask, “What does it do?” into one in which it is increasingly possible to ask, “What does it mean?” This would be a fundamental shift in the dominant paradigms in US culture.How to get there? Randall E. Auxier offers a concise definition of “bad”—bad is something that is “lifeless and too much indebted to the actual.” My attempts at singing fall into that category, as do many American experiences conceived in the mode of what they do, not what they mean.That works of art escape or repel descriptions of their constitutive elements has proven to be a persistent philosophical conundrum through the centuries, as has the question of whether human feelings create an object or an object creates feelings, or both/and—Dewey's interaction of “organism and environment.” From whichever philosophical direction we approach this crux, aesthetic thinking can lead us to recognize and experience the inwardness of what we view as things—objects—and this examination can realign our personal axiology—our personal valuation of reality—the “ten thousand things” of ancient Chinese philosophy.Several authors cite Suzanne Langer's theory of symbol, broadening the scope of “art” well beyond Art with a capital A into the aesthetic and the ritualistic.The scholars gathered here are optimistic that aesthetic examination can create more of those rare moments (moments art can reliably create) in which our very being adjusts to the reality of existence, and we feel exhilarated and a part of the whole process of existence. We call this “nirvana” or “enlightenment.”That is another thing that feels hefty about this volume: the persistent optimism among the scholars that psychic wholeness and human flourishing are possible for more Americans. Robert S. Corrington terms this the “selving process,” roughly what Carl Jung termed “individuation.” This collection adds up to much more than the sum of its parts, as one idea inflected in a particular way by one author sparks off the same idea approached from a different perspective in another. This collection contains scholars on the cutting edge of process theology, pragmatism, aesthetics, and religion, many of whom are adept at crossing the traditional fences between academic fields. The US needs an American Aesthetics. As American poet William Carlos Williams wrote,It is difficultto get the news from poems yet men die miserably every day for lackof what is found there. (shrink)

David Richards here argues that the legal interpretation of the US constitution depends on an understanding of the liberal humanist principles which guided the Founders.

O autor reexamina a crítica de Derrida à fenomenologia de Husserl de forma a mostrar como a sua coerência estrutural emerge não tanto de uma redução a uma doutrina particular, mas antes das exigências de uma concepção unitária, especificamente impostas pelas determinações epistemológicas e metafísicas da presença. PALAVRAS-CHAVE – Desconstrução. Derrida. Fenomenologia. Husserl. Presença. Significado. ABSTRACT – The author reexamines Derrida’s critique of Husserl’s phenomenology, so as to show how its structural coherency arises not so much from the reduction to (...) a particular doctrine, but rather from the demands of a unitary conception, specifically from the demands imposed by the epistemological and metaphysical determinations of presence. KEY WORDS – Deconstruction. Derrida. Husserl. Meaning. Phenomenology. Presence. (shrink)

Terry Eagleton is the foremost Marxist cultural theorist of our time. In the first book-length study of this highly influential figure, David Alderson provides detailed discussions of Eagleton's Marxism and his engagements with postmodernism, as well as an evaluation of his interventions in Irish Studies. Each of the chapters in this important intervention in current theoretical debates offers accessible contextualization of the key issues and provides detailed analyses of Eagleton's literary criticism. Alderson shows that the complex relations between nature, (...) culture and ideology, body, subjectivity and authority are at the heart of Eagleton's ethical and political concerns. He goes on to demonstrate that these relations inform the theorist's critical examinations of such literary works as Wuthering Heights and The Merchant of Venice, and his treatment of W.B. Yeats and Oscar Wilde. (shrink)

The David Lewis’s article concerns the issue of penal substitution in the dual context of the contemporary system of criminal law, in which punishment does not perform a compensatory function, and in the context of the Christian interpretation of Christ’s death as Atonement. It may seem that we do not believe in penal substitution, but in fact we do believe in it selectively. There are Christians who believe that Christ’s death is a payment of the debt of punishment owed (...) by the sinners, but do not believe that a murderer’s friend can serve on his behalf a death sentence. Most of us believe in penal substitution with reference to fines but not other kinds of punishment. In both cases the beliefs concerning penal substitution are clearly inconsistent. However, if selective acceptance of penal substitution is so common, perhaps it makes sense after all. (shrink)

Is something true because we believe it to be so or because it is true? How can a culturally bound community achieve scientific knowledge when values, attitudes, and desires shape its beliefs? In this book an eminent philosopher considers various schools of thought on the nature of truth. David Weissman argues that truth exists in the correspondence between statement and fact: what can be said about our world can be measured against a reality that has a character and existence (...) independent of any property we ascribe to it. Weissman begins by evaluating the transcendental paradigm of Kant that has exercised enormous influence in the development of Western thought over the past two hundred years. He develops his critique of the Kantian model, in which value judgments underlie the perception or construction of truth, asserting that it is seriously flawed because it renders a determination of truth impossible. Weissman examines various value-driven perspectives on truth developed by such philosophers as Foucault, Derrida, and Rorty, for whom truth is only the set of affirmations, principles, and procedures sanctioned by power and value. However, says Weissman, truth is the required adjunct to desire. Knowing who we are, where we have been, and the consequences of what we have done is the essential preparation for choosing what to do next. We must respect the integrity of a world we have not made and find our way within it with the help of attitudes and desires that have been informed by truth. (shrink)

Michael Hand argues that at least some moral standards can be robustly justified and that because of this educators can legitimately cultivate subscription to t.

In this paper I offer a partial defense of a constitutivist view according to which it is possible to defend fundamental requirements of practical reason by appeal to facts about what is constitutive of rational agency. I show how it is possible for that approach to circumvent the ‘is’/’ought’ problem as well as the requirement that it be possible to act contrary to practical reason. But I do not attempt to establish any particular fundamental requirement. The key ideas are that (...) such a requirement is not genuine if it is arbitrary, and that it is arbitrary just in case (a) it needs explanation and (b) that explanation could not, even in principle, be provided. (shrink)

This chapter contains sections titled: Avicenna's philosophical achievements: Aristotle and beyond Beyond philosophical articulation: glimpses of wisdom Imprints upon philosophical tradition Concluding remarks.

This chapter contains sections titled: Initial Islamic Forays into Philosophical Theology – “the Philosophers ” Averroës' Return to Aristotle and al‐Ghazali's Critique of these Initiatives The Lasting Contribution of Islamic Thought to Philosophical Theology Works cited.

Social and regional inequality remained of secondary importance in the 2017 House of Representatives election, especially in comparison to national security and constitutional reform. Still, the election victory of the coalition between the Liberal Democratic Party (LDP) and Kōmeitō was also due to its ability to shape the debate concerning Japan’s political-economic model of growth and inequality. Abenomics and regional revitalization were the dominating policies, which opposition parties criticized without having a real counter-model. A more detailed analysis shows, however, that (...) Abenomics has not yet fulfilled its promise of shared growth, and that the governing coalition’s discursive control over the political-economic agenda has significantly weakened. This creates opportunities for opposition parties in the future. (shrink)

Urbanization in Early and Medieval China: Gazetteers for the City of Suzhou. Translated and introduced by Olivia Milburn. Seattle: University of Washington Press, 2015. Pp. xx + 360. $50 ; $30.

This chapter contains sections titled: Religious Questions and Metaphysical Questions God of the Philosophers The Kind of Belief that Matters Philosophical Foundations What Metaphysical Reasoning Can Do Belief and Experience Notes.

Populism describes those strategies which actors endorsing populist ideas must use in order to be considered populist. Typical populist strategies include the hijacking of state institutions; the development of clientelistic relationships with constituencies labelled the people, or employing certain rhetorical moves in which enmity between the people and a corrupt elite looms large. In this paper, I argue against tendencies to define populism according to a specific set of tactics that are supposed to flow directly from populist ideas. Instead, populism (...) should be understood in terms of a particular orientation, which grounds and justifies a range of strategies, all of which – nefarious or otherwise – should be considered populist. This orientation posits that enmity between ‘the people’ and an elite is a defining feature of political life, in part because it is responsible for serious failures in a country’s ostensibly democratic institutions. These failures create a degree of ambivalence with respect to these institutions’ claims to authority and obedience, and generate the perception that political actors thereby enjoy an expanded set of moral permissions. Finally, populists argue that elites prosecute revanchist projects aimed at resisting populist pathways to power and undermining them once in office. Populist strategies then are simply whatever range of tactics political actors use who accept the validity of that above orientation. (shrink)

This chapter contains sections titled: I II III IV.