In an increasingly globalized world, empathy has been identified as a core competency of future global citizens and thus as an important skill to be fostered in global citizenship education (GCE). Despite this, however, what empathy is, and how it can play the pivotal role often claimed for it in the literature, have not been adequately explored. Here, Eirik Risberg argues that, pace the common conception of empathy, empathy should not be construed narrowly, as an affective concept, but (...) broadly, as a cognitive and epistemic concept. Drawing on recent work in philosophy and psychology, Risberg explores a suggestion that construes empathy as a complex self-directed perspective-taking of the situation of another. While this may constitute a conception of empathy that is more modest than the most ardent proponents of empathy would like, it has the benefit of avoiding the objections that have been leveled against empathy as a moral concept and thus allows us to maintain that empathy is a valuable skill to be cultivated in educating global citizens for the twenty-first century. (shrink)

The Making of Modern Law: Foreign, Comparative and International Law, 1600-1926, brings together foreign, comparative, and international titles in a single resource. Its International Law component features works of some of the great legal theorists, including Gentili, Grotius, Selden, Zouche, Pufendorf, Bijnkershoek, Wolff, Vattel, Martens, Mackintosh, Wheaton, among others. The materials in this archive are drawn from three world-class American law libraries: the Yale Law Library, the George Washington University Law Library, and the Columbia Law Library.Now for the first time, (...) these high-quality digital scans of original works are available via print-on-demand, making them readily accessible to libraries, students, independent scholars, and readers of all ages.+++++++++++++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: +++++++++++++++Yale Law LibraryLP3Y044500019260101The Making of Modern Law: Foreign, Comparative, and International Law, 1600-1926At head of title: Friedrich Julius Stahl.Tubingen: J. C. B. Mohr (Paul Siebeck), 1926xxxvi, 222 p. 21 cmGermany. (shrink)

An attempt to present a classification under which all the law can be brought into scientific arrangement.

Mit der Begründung dieser Schriftenreihe im Jahre 1966 ging es dem Berliner Handels- und Wirtschaftsrechtler Ernst E. Hirsch, wie er damals schrieb, um den Nachweis, »daß die Wiederaufnahme der durch die nationalsozialistische Herrschaft unterbundenen Bemühungen von Arthur Nussbaum um Erforschung der Rechtstatsachen für eine Rechtswissenschaft stricto sensu ebenso unentbehrlich ist wie die im deutschen Rechtskreis von Eugen Ehrlich begründete, aber noch immer vor allem von Juristen teils abgelehnte, teils beargwöhnte Rechtssoziologie.« Entsprechend dieser (unveränderten) Aufgabenstellung ist die Schriftenreihe zum einen der (...) Beschäftigung mit den Klassikern der Vergangenheit und ihrer Relevanz für das Heute und zum anderen aktuellen Fragestellungen der Gegenwart gewidmet. (shrink)

Early and later Confucians, known in Chinese as the “ruists” school of ancient origins, perceived the idea of “harmony” as a fundamental concept that lies at the basis of self-cultivation, society and governance. In modern times this idea still plays in one or another form a dominant note in Chinese politics and social life. The article attempts to search for causes of the significance of “harmony” by focusing on analyzing two pivotal Confucian texts compiled in the Han dynasty, namely, Records (...) of Music [Yue ji 樂記] and Divination of Music [Yue wei 樂緯]. The analysis shows that ruists belonging to Zhou dynasty’s imperial class of music officials, gradually developed the aesthetics of music into a complex idea of "harmony" that contains the highest aesthetical way—“Dao”—which guides both the whole universe as well as the evolution of human society. (shrink)

This chapter looks for a new understanding of the picture of a “projection”; and indeed the example of river names suggests a new way of speaking of projections. The considerations Wittgenstein discusses here indicate that the imagination (projection) is intertwined with calculation and that this should be considered a characteristic feature of natural languages: agreement about the success of the ongoing shared activities demands at every step the ability to project, to transfer – it demands creative imagination. Theoretically, an insight (...) into the workings of our language is all too often denied us because it is blocked by traditional pictures and prejudices. That is why philosophy plays such a decisive, critical role in its apparently quite conservative “mere description”: because it must point out how to distinguish those cases in which language “works properly” from those in which it leads us astray by “going on holiday”. (shrink)

In this paper I present an account of a distinctive form of ‘practical’ or ‘deliberative’ uncertainty that has been central in debates in both ethics and metaethics. Many writers have assumed that such uncertainty concerns a special normative question, such as what we ought to do ‘all things considered.’ I argue against this assumption and instead endorse an alternative view of such uncertainty, which combines elements of both metaethical cognitivism and non-cognitivism. A notable consequence of this view is that even (...) if there are objective and irreducible truths about how we ought to act, all things considered, the ‘central deliberative question,’ as it’s sometimes called, doesn’t concern such truths. Instead, that question doesn’t have a true answer. (shrink)

ABSTRACT Suppose that, for every possible event and person who would exist whether or not the event were to occur, there is a well-being level that the person would occupy if the event were to occur, and a well-being level that the person would occupy if the event were not to occur. Do facts about such connections between events and well-being levels always suffice to determine whether an event would harm or benefit a person? Many seemingly attractive accounts of harm (...) and benefit entail an affirmative answer to this question, including the widely held Counterfactual Comparative Account (CCA). In this paper, however, we argue that all such accounts will be unsuccessful. (shrink)

In this article I argue against Schroeder's account of the weight of normative reasons. It is shown that in certain cases an agent may have reasons she cannot know about without them ceasing to be reasons, and also reasons she cannot know about at all. Both possibilities are troubling for Schroeder's view.

In much of pre-Qin political philosophy, including those thinkers usually labeled Confucian, Daoist, or Mohist, at least part of the justification of the political state comes from their views on morality, and the vision of the good ruler was quite closely tied to the vision of the good person. In an important sense, for these thinkers, political philosophy is an exercise in applied ethics. Han Fei, however, offers an interesting break from this tradition, arguing that, given the vastly different goals (...) of moral theory and political theory, it would be disastrous to rely upon the former to undergird the latter. He develops a distinctly amoral political philosophy that avoids many of the problems he sees as arising from a reliance on particular virtues on the part of the ruler or others within the state. In this paper, I analyze the source of normativity in Han Fei’s political philosophy, arguing that he demonstrates a keen understanding of the problems inherent in any system that relies upon moral standards to develop a strong, stable, and prosperous state. Rather, he demonstrates how an understanding of human nature, along with a recognition of facts about the natural world, allows for the development of a non-moral political philosophy that relies on a systematic bureaucracy and an inviolate system of law, one which will be much more successful, he believes, than anything his competitors can construct. (shrink)

Chapter 15 of the Xunzi stands as the most comprehensive account of the early Confucian analysis of warfare. Unlike a range of other early, non-Confucian discussions on warfare, particular strategies and tactics are taken to be of secondary importance. Thus, Xunzi refuses to discuss practical military strategy without framing it within a much broader ethical, social, and political context. On his account, a well-ordered, flourishing state necessarily rests upon a particular set of rituals and social norms in which people can (...) cultivate themselves morally. Such a state has nothing to fear from any enemy, no matter how tactically sophisticated or militarily skilled. -/- To many, such a view seems overly. However, given that Xunzi is anything but Pollyannaish in other parts of the text and is quite pessimistic about human nature in general, it behooves us to dig a bit more deeply into his ideas about military affairs and examine whether they can be understood in a more plausible light. This article provides a reading of Xunzi’s views on military affairs that is internally consistent and corresponds with Xunzi’s broader ethical and political views, while also showing why someone of Xunzi’s obvious intellectual acumen might hold such a view. (shrink)

In this paper, I wish to examine the plausibility of two distinct but interrelated claims that might arise out of reading the Mozi . First, I want to examine the plausibility of understanding Mohist philosophy as quite naturalistic, notwithstanding the Mozi’s apparent discussion of a Heaven (tian 天) that has desires, likes, and dislikes and ghosts and spirits who do Heaven’s bidding. In this vein, I wonder if the Mohists think that it is simply a fact of the universe that (...) Heaven cares for all humans impartially, in much the same way that certain other thinkers in the Chinese tradition understand Heaven as having a set of regularities that can be understood and acted upon. Arising from this may be the idea that the right thing to do, in a hypothetical rather than categorical sense, is to accord with Heaven. -/- This then leads to the second part of this paper – questioning the substantive moral normativity often ascribed to the Mozi. Once we remove the supra-natural understanding of Heaven from Mohist thought, we may understand the normativity within as a non-moral normativity. Perhaps it is not that we morally ought to accord with Heaven’s will and act impartially or morally ought to accord with the natural world and follow the Dao. Rather, these can simply be seen as success criteria. Insofar as we wish to have a strong, flourishing, and prosperous state – or, in the Mozi’s terms a wealthy, populous and well-ordered state – it is necessary to accord with how the world is actually structured. (shrink)

One of Han Fei’s most trenchant criticisms against the early Confucian political tradition is that, insofar as its decision-making process revolves around the ruler, rather than a codified set of laws, this process is the arbitrary rule of a single individual. Han Fei argues that there will be disastrous results due to ad hoc decision-making, relationship-based decision-making, and decision-making based on prior moral commitments. I lay out Han Fei’s arguments while demonstrating how Xunzi can successfully counter them. In doing so, (...) I argue that Xunzi lays out a political theory restricting the actions of the ruler through both the use of ritual and law, which allows him to develop a theory that legitimizes government while at the same time constraining itself. Xunzi’s political theory makes important strides in its attempt to recognize the importance of the ruler as a moral exemplar while also restricting his control in the political process. (shrink)

Liebe Grete Herrmann, besten Dank für Ihren Brief vom 19.5! Auch ich freue mich, Sie auf dem Pariser Kongreß zu sehen; wahrscheinlich werde ich auch an der vorangehenden Positivistentagung teilnehmen, also schon am 29.7. in Paris sein. Es interessiert mich, diese antimetaphysischen Metaphysiker einmal aus der Nähe zu beobachten. Ich werde sehen, es so einzurichten, daß ich eventuell auch nach dem Hauptkongreß noch einige Tage in Paris sein kann, um die von Ihnen angeregten Diskussionen mitzuführen. Jedenfalls hoffe ich auf einige (...) gründliche Gespräche mit Ihnen. (shrink)

The epistemological debate about radical skepticism has focused on whether our beliefs in apparently obvious claims, such as the claim that we have hands, amount to knowledge. Arguably, however, our concept of knowledge is only one of many knowledge-like concepts that there are. If this is correct, it follows that even if our beliefs satisfy our concept of knowledge, there are many other relevantly similar concepts that they fail to satisfy. And this might give us pause. After all, we might (...) wonder: What is so great about the concept of knowledge that we happen to have? Might it be more important, epistemically speaking, to investigate whether our beliefs satisfy some other relevantly similar concept instead? And how should questions such as these even be understood? This paper discusses the epistemological significance of these issues. In particular, a novel skeptical stance called ‘meta-skepticism’ is introduced, which is a kind of skepticism about the idea that some knowledge-like concepts are epistemically more important than others. It suggested that it is unclear whether this form of skepticism can be avoided. (shrink)

Moral disagreement is sometimes thought to pose problems for moral realism because it shows that we cannot achieve knowledge of the moral facts the realists posit. In particular, it is "fundamental" moral disagreement—that is, disagreement that is not due to distorting factors such as ignorance of relevant nonmoral facts, bad reasoning skills, or the like—that is supposed to generate skeptical implications. In this paper, we show that this version of the disagreement challenge is flawed as it stands. The reason is (...) that the epistemic assumptions it requires are incompatible with the possibility of fundamental disagreement. However, we also present an alternative reconstruction of the challenge that avoids the problem. The challenge we present crucially invokes the principle that knowledge requires "adherence". While that requirement is usually not discussed in this context, we argue that it provides a promising explanation of why disagreement sometimes leads to skepticism. (shrink)

‘Legalism’ is a term that has long been used to categorize a group of early Chinese philosophers including, but not limited to, Han Fei (Han Feizi), Shen Dao, Shen Buhai, and Shang Yang. However, the usefulness of this term has been contested for nearly as long. This essay has the goal of introducing the idea of ‘Legalism’ and laying out aspects of the political thought of Han Fei, the most prominent of these thinkers. In this essay, I first lay out (...) how the term Legalism could be useful and what would be necessary in order for it to serve that use. I then turn to an investigation of certain aspects of the most prominent Legalist philosopher, Han Fei, that is quite important for understanding his philosophy and situating him in the context of the early Chinese philosophical milieu. In particular, I focus on an analysis of Han Fei's conception of the Way (dao), arguing that features of his philosophy most often discussed, namely, his advocacy of law (fa), administrative techniques (shu), and positional power (shi), arise out of his conception of a cosmic Way. I then turn to Han Fei's understanding of the role of history, demonstrating how it differs radically from the views of his contemporaries, raising serious challenges to Confucian, Daoist, and Mohist conceptions of history. (shrink)

Although there has been a resurgence of interest in virtue ethics, there has been little work done on how this translates into the political sphere. This essay demonstrates that the Confucian thinker Xunzi offers a model of virtue politics that is both interesting in its own right and potentially useful for scholars attempting to develop virtue ethics into virtue politics more generally. I present Xunzi’s version of virtue politics and discuss challenges to this version of virtue politics that are raised (...) by the Legalist thinker H an Fei. I show that not only is Xunzi’s virtue politics capable of surviving the challenges raised by his contemporary, he offers an account that is in many ways both attractive and plausible, one that may usefully be brought into conversation with contemporary visions of virtue politics. (shrink)

The Shenzi Fragments is the first complete translation in any Western language of the extant work of Shen Dao (350–275 B.C.E.). Though his writings have been recounted and interpreted in many texts, particularly in the work of Xunzi and Han Fei, very few Western scholars have encountered the political philosopher's original, influential formulations. This volume contains both a translation and an analysis of the Shenzi Fragments. It explains their distillation of the potent political theories circulating in China during the Warring (...) States period, along with their seminal relationship to the Taoist and Legalist traditions and the philosophies of the Lüshi Chunqiu and the Huainanzi. These fragments outline a rudimentary theory of political order modeled on the natural world that recognizes the role of human self-interest in maintaining stable rule. Casting the natural world as an independent, amoral system, Shen Dao situates the source of moral judgment firmly within the human sphere, prompting political philosophy to develop in realistic directions. Harris's sophisticated translation is paired with commentary that clarifies difficult passages and obscure references. For sections open to multiple interpretations, he offers resources for further research and encourages readers to follow their own path to meaning, much as Shen Dao intended. The Shenzi Fragments offers English-language readers a chance to grasp the full significance of Shen Dao's work among the pantheon of Chinese intellectuals. (shrink)

There is a wide array of contemporary arenas toward which the ideas of Han Fei may be directed. One of these is the arenas where Han Fei may potentially be of use is that of corporate and business ethics. Even if we disagree with Han Fei’s pessimistic assumptions about human dispositions and the plausibility of moral cultivation, we may find such a framework useful for analyzing how businesses, corporations, indeed any sort of bureaucracy can and should function. Milton Friedman was (...) of course famous for his claim that “there is one and only one social responsibility of business―to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game.” On this account, businesses not only do, but should act in a fashion which bears stark similarities to how Han Fei believes that human dispositions lead them to act at the individual level. He then draws a range of conclusions from this, and it is worth exploring the extent to which these conclusions are useful as we determine how to analyze, evaluate, organize, and limit corporate behavior. (shrink)

This essay examines whether an invocation of an epistemological privilege on the part of supposed moral experts prevents potential students from being able to evaluate among potential candidates for the role of plausible moral teacher. Throughout, it works to demonstrate that it is possible for even the untutored student to distinguish between a fanatic and a moral expert. In particular, this essay focuses on the version of virtue ethics espoused by the early Chinese philosopher Xunzi. It argues that by reflecting (...) on the attributes of fanatics, as well as on Xunzi's ideas and arguments about students and teachers, it is possible to arrive at a general set of principles that provide beginners with the tools necessary to distinguish dangerous fanatics from plausible moral teachers, even given the fact that both claim for themselves an epistemological privilege. (shrink)

In this paper, we present and defend an analysis of harm that we call the Negative Influence on Well-Being Account (NIWA). We argue that NIWA has a number of significant advantages compared to its two main rivals, the Counterfactual Comparative Account (CCA) and the Causal Account (CA), and that it also helps explain why those views go wrong. In addition, we defend NIWA against a class of likely objections, and consider its implications for several questions about harm and its role (...) in normative theorizing. (shrink)

The first sustained critique of how domestic courts in the EU apply the European Convention on Human Rights and interact with the European Court of Human Rights at Strasbourg. This book considers the British, French, and German approaches to the ECHR and shows that domestic courts apply and develop the Convention faithfully and positively.

An autobiographical account of a formative experience -- Cassirer's philosophy of symbolic forms -- Art and science as supplementing forms -- The parting of the ways and the divide in organizational theory -- Cassirer in the light of neuroscience -- Bringing Cassirer into organizations -- The institution as a symbolic form.

In the Western philosophic tradition, virtue theory has rarely been extended to the political realm. There is a long tradition that advocates the role of virtue in ethical theory, but the implications of this tradition for political theory have largely been neglected. However, in the Chinese tradition, we very early on see the use of virtue-based theories not only in ethics but in political thought as well. Indeed, one of the most sophisticated early Confucian philosophers, Xúnzǐ 荀子 (fl. 298–238 BCE), (...) believes that a virtue-based political theory is a natural extension of his virtue-based ethical theory. At the same time, a prominent anti-Confucian political philosopher, Hán Fēizǐ 韓非子, was diametrically opposed to allowing virtue, or, indeed, any other moral quality, serve as the basis for political theory, arguing instead that a clear set of laws should serve as the fundamental basis. Therefore, this tradition offers us a very clear debate on the problems and promise of a virtue politics. This debate is not only of historical interest, however. To the extent that contemporary philosophers interested in the possibility of extending virtue theory to the political realm take themselves to be prescribing for everyone, as opposed to simply for those within their own cultural background, they must be willing to take into account other traditions that have wrestled with similar issues. In early China we not only see a version of virtue politics, we also see a sophisticated debate about its viability. And, while Xúnzǐ himself may not be capable of answering all of Hán Fēizǐ’s objections, analyzing this debate affords us the opportunity to see how and where a particular conception of virtue politics succeeds and fails, providing contemporary philosophers not only with a set of problems that must be overcome but also with a promising way forward. (shrink)

Introduction to special issue of Culture and Dialogue, on “Confucianism: Comparisons and Controversies,” co-edited with Henrique Schneider.

Problems for Moral Debunkers : On the Logic and Limits of Empirically Informed Ethics, written by Peter Königs.

In this paper, I analyze the ‘Da ti’ chapter of the Han Feizi 韓非子. This chapter is often read as one of the so-called Daoist Chapters of text. However, a deeper study of this chapter allows us to see that, while Daoist terminology is employed, it is done so in a way that is certainly not reminiscent of either the Zhuangzi 莊子 or the Laozi 老子. Neither, though, does it have quite the flavor of other chapters in the Han Feizi (...) where scholars have often read Han Fei s advocating a system of government based on laws promulgated by the ruler, the content of which is left solely to the ruler’s discretion. Throughout this paper, I hope to demonstrate that a reading of the ‘Da ti’ chapter allows us to understand that Han Fei is not simply advocating a system of government based on laws promulgated by the ruler, the content of which is left solely to the ruler’s discretion. This chapter can help us begin to understand that Han Fei has a much more nuanced system and that he advocates law that accords with the overarching pattern of the universe. In doing this, I will show that the idea of fa 法 (standard, law) that we see utilized by Han Fei, both in these chapters do not fall neatly into Western conceptions of law, and thus previous scholars who have worked based on these conceptions have missed important aspects of Han Fei’s thought. I also attempt to demonstrate that this interpretation of law is consistent with the way that it is used in the rest of the Han Feizi. (shrink)