The period of highest creativity of the Catholic novels of France, England, and America was that between the two extremes of past isolation and present confluence.

The first volume of this series presents fifteen selected papers dealing with a variety of topics in ontology, philosophy of mind, and philosophy of language.

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

This is the second volume of philosophical essays by one of the most innovative and influential philosophers now writing in English. Containing thirteen papers in all, the book includes both new essays and previously published papers, some of them with extensive new postscripts reflecting Lewis's current thinking. The papers in Volume II focus on causation and several other closely related topics, including counterfactual and indicative conditionals, the direction of time, subjective and objective probability, causation, explanation, perception, free will, and rational (...) decision. Throughout, Lewis analyzes global features of the world in such a way as to show that they might turn out to supervene on the spatiotemporal arrangement of local qualities. (shrink)

The controversy over judicial activism is as old as the question whether law is “made” or “found” by the courts, and is die quintessential living question for legal philosophers. Here the practical meets the abstract, as Supreme Court justices must, explicitly or not, adopt some philosophical viewpoint in deciding how general constitutional propositions do, or do not, decide current concress te controversies.

This paper considers the traditional debate about Marx and justice in light of Jacques Derrida's recent text, Spectres of Marx Specifically, I treat Derrida's consideration of the Marxist notion of justice in terms of the problematic of time. Following Derrida, I suggest that while much of the history of Marxism relies on a teleological and Hegelian understanding of time‐becoming‐history, the Marxist critique of justice is actually made possible by what Derrida calls a ‘messianic’ notion of time; one wherein history does (...) not come to an inevitable and predictable end, but rather breaks away to begin a whole new history. I conclude that the outcome of Derrida's analysis is that our responsibility as Marx's heirs is to resist the dogmatism inherent in the former logic, and to heed the normative call of the latter. (shrink)

Many years ago, C.B. Martin drew our attention to the possibility of ‘finkish’ dispositions: dispositions which, if put to the test would not be manifested, but rather would disappear. Thus if x if finkishly disposed to give response r to stimulus s, it is not so that if x were subjected to stimulus r, x would give response z; so finkish dispositions afford a counter‐example to the simplest conditional analysis of dispositions. Martin went on to suggest that finkish dispositions required (...) a theory of primitive causal powers; there, I think, he was mistaken. All that they require is an improved conditional analysis, and this improved analysis can be built upon whatever treatments of properties and of laws we may favour on other grounds. (shrink)

A spectre is haunting linguistics and education: the prematurely buried legacy of Basil Bernstein, Michael Halliday, Ruqaiya Hasan and Karl Marx. On the one hand, this spectre seems to demand that we treat both language and learning as natural wholes, instead of reducing them to natural sciences like phonetics or neuroscience and social sciences like discourse analysis and curriculum studies and then trying to hook them up again through interdisciplinary links. On the other, this spectre requires us to work in (...) a world where knowledge is already profoundly fragmented, where choosing to learn one fragment rather than another does make a difference in the health and welfare of the teacher and especially of the learner. Let this paper serve as a manifesto defending the maligned work of Halliday and Hasan, and also as a manual to demonstrate how their analytical approach exposes the fragmentation of knowledge and shows how it can be overcome. (shrink)

Homer and the heroic ideal -- Hesiod, poet of everyday life -- Aeschylus and the institution of justice -- Sophocles, the Theban plays -- Euripides and the twilight of the gods -- The inquiries of Herodotus of Halicarnassus -- Thucydides, power and pathos -- Aristophanes and the serious business of comedy -- Plato, philosophy, and poetry -- Aristotle and the invention of political science.

Tracing the sign -- Signing the trace -- The messianic without messianism -- Mourning terminable and interminable : law and (commmodity) fetishism -- Justice, law, and Antigone's singular act -- Generalizing the economy of fetishism.

Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original (...) legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Perloff’s Wittgenstein: W(h)ither Poetic Theory?David Kellogg (bio)Though Marjorie Perloff has been one of the most powerful forces in contemporary poetry studies for some time, her work has not received the critical attention it warrants. Her latest book, Wittgenstein’s Ladder: Poetic Language and the Strangeness of the Ordinary, provides an opportunity for reflection on a body of writing remarkable both in its consistency and its constant reinvention. Indeed, reading (...) Perloff through Wittgenstein’s Ladder throws her other work over the last twenty years into a new light, as many concepts crucial to her vocabulary—not only theory but also modernism, artifice, avant-garde—are here turned around and forced into new roles. To ask whether and to what extent Wittgenstein’s Ladder constitutes a break in her career is simultaneously to raise the question of critical and poetic theory.Theory Inside and Out“It is in this sense that grammar may be said to replace theory,” writes Marjorie Perloff in the introduction to Wittgenstein’s Ladder [18]. The sense in question is Ludwig Wittgenstein’s, or rather the sense of the late (post-1929) Wittgenstein inflected through Perloff’s post-poststructuralist sensibility. As the sentence preceding this remarkable claim puts it: “For although the later Wittgenstein was to argue that grammar is precisely the key to understanding a given proposition, that there is no essence above and beyond a specific grammatical structure, one nevertheless must ‘distrust’ grammar in the sense of interrogating it as stringently as possible” [17–18].Of course, formulations of theory as a style of distrust have been a commonplace in theoretical discourse for some time. It would not be difficult to argue that Perloff’s explicit advocacy of grammar through Wittgenstein—whose philosophy, she argues, “is indeed intentionally ‘antiphilosophical,’ its purpose being precisely to determine in what circumstances philosophy should be ‘against’ philosophy and why” [12]—is of a piece with recent attempts to think the limits of theory in theory itself. But such a reduction would seriously misread Perloff’s project. We would do well to question, for example, the obvious similarities between Perloff’s description of a duplicity in the project of grammar/theory and the model it might be taken as at once pointedly evoking and evading, Paul de Man’s now-classic essay “The Resistance to Theory.” Despite their apparent similarities, the startling claims of Wittgenstein’s Ladder have little in common with de Man’s suggestion that “resistance may be a built-in constituent of [theoretical] discourse,” and that “the polemical opposition, the systematic non-understanding and misrepresentation, the unsubstantial but eternally recurrent objections, are the displaced symptoms of a resistance inherent in the theoretical enterprise itself” [12].For one thing, de Man explicitly distances his conception of a theoretical project deeply threatening to the claims of knowledge from one rooted in concepts of grammar: [End Page 67][A]s long as it remains grounded in grammar, any theory of language, includ-ing a literary one, does not threaten what we hold to be the underlying principle of all cognitive and aesthetic linguistic systems. Grammar stands in the service of logic which, in turn, allows for the passage to the knowledge of the world. The study of grammar, the first of the artes liberales, is the necessary pre-condition for scientific and humanistic knowledge. As long as it leaves this principle intact, there is nothing threatening about literary theory. The continuity between theory and phenomenalism is asserted and preserved by the system itself. Difficulties occur only when it is no longer possible to ignore the epistemological thrust of the rhetorical dimension of discourse, that is, when it is no longer possible to keep it in its place as a mere adjunct, a mere ornament within the semantic function.[14; emphasis added]In other words, de Man places grammar opposite the project of criticism, which he identifies with rhetoric and ultimately with reading. What de Man refers to as “the latent tension between rhetoric and grammar” is resolved decidedly in favor of the former: “the grammatical decoding of a text leaves a residue of indetermination that has to be, but cannot be, resolved by grammatical means, however... (shrink)

In the early 1970s, the major industrial states were preparing to shift to nuclear fission as their principal source of electrical power. But that change has not occurred. In part, this is due to a growing public recognition that techniques and institutions for management of spent nuclear fuel, separated plutonium, and long-lived radioactive wastes are not yet fully developed. The consequent pressures for resolution have spurred a series of often ill-defined and sometimes contradictory attempts to promote international cooperation and control (...) of hazardous activities. How are these varied suggestions to be compared and evaluated? By what criteria can plans be selected that are likely to be both effective and negotiable? In this study, Gene I. Rochlin, physicist and social scientist, explores the technical, political, and institutional aspects of international nuclear export and fuel cycle policies. He categorizes existing proposals and suggests way to develop new ones that better promote both national and international goals. Dr. Rochlin argues neither for nor against the use of nuclear power or plutonium fuels. Instead, he addresses the question of how international arrangements could be reached that might jointly satisfy the objective of the several key nations, yet not be too difficult to negotiate. He concludes that a major fault has been the tendency to improvise arrangements for specific technical or industrial operations. As a result, overall social and political goals have become the bargaining points for compromise. Yet attempts to simultaneously resolve all problems are unlikely to prove fruitful. Dr. Rochlin suggests instead the formation of institutions organized around more limited social, political, and technical objectives, even at the expense of excluding some nations or omitting some aspects of the nuclear fuel cycle. Only by so doing, he argues, can immediate agreements be reached that preserve the potential for more comprehensive future arrangements without sacrificing industrial, environmental, or nonproliferation goals. This important book will be of interest to scientists, social scientists, government officials, and others concerned with the problems of plutonium management and nuclear wastes. (shrink)

This study is the most comprehensive account to date of modern treatments of the love commandment. Gene Outka examines the literature on agape from Nygren's Agape and Eros in 1930. Both Roman Catholic and Protestant writings are considered, including those of D'Arcy, Niebuhr, Ramsey, Tillich, and above all, Karl Barth. The first seven chapters focus on the principal treatments in the theological literature as they relate to major topics in ethical theory. The last chapter explores further the basic normative (...) content of agape and discusses some of the most characteristic problems. "The book is in my judgment the best recent work in religious ethics. Outka brings together analytic moral philosophy and theological ethics, providing a masterly survey of views and issues arising in the past forty years.... I can think of few books of interest to scholars in both philosophy and theology, but Outka's is one. Unlike some scholars who are at home in continental theology, Outka is also at home in secular analytic philosophy; he brings them together in a mutually illuminating way."--Donald Evans "Outka has mastered this vast literature on love, and has brought a critical and clarifying analysis to bear upon it. This is a most important book on a most important subject, and brings the whole discussion into a new phase."--John Macquarrie "The first thing to be said about Outka's book quite simply is that it is excellent; in fact, it is probably the very best available book about contemporary Christian ethical theory."--The Humanities Association Review. (shrink)

Judith Butler and Catherine Malabou’s recent exchange, ‘You Be My Body for Me: Body, Shape and Plasticity in Hegel’s Phenomenology of Spirit’, is remarkable because in their rereading of Hegel’s famous lord and bondsman parable, rather than focusing on recognition, work, or even desire, Butler and Malabou each wonder about how Hegel contributes to a new way of thinking about ‘having’ a body and how coming to ‘be’ a body necessarily involves a kind of dispossession. Butler and Malabou’s reading of (...) Hegel is congruent with a current shift on the left away from a liberal politics of recognition to a Marxist analytic of dispossession: a move, in other words, away from liberal ‘solutions’ of redistribution – of either goods or recognition – towards thinking through issues of settler colonialism, forced migration and empire. Butler and Malabou’s piece points towards the insight that Hegel’s parable must be thought in terms of the political history of possessive individualism, and so in terms of the history of juridically defined property relations; the history of regarding both the body and the land as property. The ‘two valences’ of dispossession, in other words, refers in fact to a logic of property relations, one between those who ‘have’ property and those who are juridically defined as propertyless. (shrink)

In his 1992 text ‘Force of Law’ Jacques Derrida makes the radical claim that the aura of law’s legitimacy is always achieved by virtue of an ideological sleight of hand. I argue that the radicality of this claim does not lie in its abandonment of the rule of law, nor is this claim a call to political quietism. Rather, Derrida charges us with the responsibility of interrogating the moments of law’s force or ideology. Following this suggestion I argue that one (...) important way that the law has maintained its aura of legitimacy is on the basis of an ideological appeal to the presumed natural or transparent nature of sexual complementarity. Through a reading of Hegel’s use of the Greek mythological Antigone, I argue that one important way that the im possibility of the necessary encounter between law and the singular case has been covered over, is by way of an appeal to the presumed naturalness of heterosexuality. The conclusion of my analysis is that the illusion of law’s legitimacy is not necessarily achieved with reference to the feminine, nor by virtue of an appeal to the transparency of heterosexuality, but it is no coincidence that it has been achieved in this way so often in the history of political philosophy either. However, no matter how the illusion of law’s legitimacy is achieved, it will always require a sleight of hand; it will always be ideological and therefore political. This analysis therefore serves as an example of how deconstruction can be mobilized as much more than a philosophical meditation on the impossibility of justice; rather, it offers a mode of analysis of critical importance to social and legal theorists. Key Words: Antigone • Derrida • Hegel • sexual difference. (shrink)

Although The Common Law, the seminal work by Oliver Wendell Holmes, Jr., clearly represents the culmination of an intellectual journey, the development of Holmes' thought has not been easily deciphered. Frederic Rogers Kellogg traces Holmes' intellectual path, and asks: why did Holmes write The Common Law? what did he mean by his message that the law has evolved away from moral and toward external standards of liability? how did he arrive at this conclusion? The answers, Dr. Kellogg maintains, (...) are to be found in a series of nine essays that originally appeared in The American Law Review. They show that Holmes was obsessed with elemental questions of pure legal theory and link him closely to the philosophic method of his friend Charles Sanders Peirce. Taken together with Holmes' later work, and viewed in light of American philosophy, these essays establish Holmes as the founder of a distinct approach to jurisprudence and reveal the implications of that approach for Holmes' later contributions to constitutional law. (shrink)