Gadamer's attempt to 'rehabilitate tradition' in general clarifies that which theology and the human sciences have in common since he claims that the rehabilitation of tradition is crucial for all human science enquiry. His systematic unfolding of the hermeneutical process described in Truth and Method is discussed under three headings: The meaning of tradition and how the idea of tradition may be rehabilitated; how do we know in the human sciences? and, the nature of theological reflection as part of the (...) human sciences. Gadamer's hermeneutics helps to transcend the antithesis between reason and tradition. It offers a more appropriate way to under stand cultural and historical texts and broadens the purview of the human sciences. It is within this broader understanding of the human sciences that theological reflection comes to itself. S. Afr. J. Philos. Vol.21(4) 2002: 345-358. (shrink)

Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.

Much of Grünbaum's work may be regarded as a careful development and systematic elaboration of the Riemann-Poincaré thesis of the conventionality of congruence, the thesis that the continuous manifolds of space, time, and space-time are intrinsically metrically amorphous, i.e. are devoid of intrinsic metrics. Therefore, to appreciate Grünbaum's philosophical contributions, one must have a clear understanding of what he means by an intrinsic metric. The second and fourth sections of this paper are exegetical; in them we try to piece together, (...) from his sundry remarks about intrinsic metrics, what Grünbaum means by the term 'intrinsic metric.' We shall argue that, the customary carefulness and precision of Grünbaum's writings notwithstanding, there are residual unclarities and difficulties which beset his conception of an intrinsic metric. In the fifth section we shall propose an explication of Grünbaum's notion of an intrinsic metric which seems on the whole faithful to Grünbaum's intuitions and insights and which also seems capable of performing the philosophical services which his work demands of that notion. The third section is a digression on Zeno's metrical paradox of extension. (shrink)

Mandeville writes that it was said of Montaigne “that he was pretty well vers’d in the Defects of Man-kind, but unacquainted with the Excellencies of human Nature,” adding, “If I fare no worse, I shall think my self well used.” Mandeville transformed Montaigne’s suggestion into a methodology for his systematic attempt to “anatomize the invisible Parts of Man”. His tale of “the grumbling hive,” and his extensive commentary on it, were designed to demonstrate that “if Mankind could be cured of (...) the Failings they are Naturally guilty of, they would cease to be capable of being rais’d into such vast, potent and polite Societies, as they have been”. (shrink)

. A structured awareness of time lies at the core of the law's distinctive normativity. Melody is offered as a rough model of this mindfulness of time, since some important features of this awareness are also present in a hearer's grasp of melody. The model of melody is used, first, to identify some temporal dimensions of intentional action and then to highlight law's mindfulness of time. Its role in the structure of legal thinking, and especially in precedent‐sensitive legal reasoning, is (...) explored. This article argues further that melody‐modeled mindfulness of time is evident also at a deeper and more pervasive level, giving structure to the distinctive mode of law's normative guidance. The article draws one important theoretical consequence from this exploration, namely, that the normative coherence of momentary legal systems depends conceptually on their coherence over time. (shrink)

This paper reviews goals, content materials, and other essential elements of a new, experimental philosophy course on the built environment of cities now being developed in Buffalo, New York. Applying traditional philosophical methods, the course adds experiential components and expands philosophy’s scope in ways that promote deep learning about the city. A model unit on the work of Frederick Law Olmsted receives special attention here, as Olmsted’s work in Buffalo and elsewhere invites philosophical treatment—analysis, critical examination, and so on—from scholars, (...) students, and city residents alike. We shall see that the distinctive character of philosophy can encourage teaching in new areas where philosophical study might promote learning and understanding, thus inspiring curricular innovation and a wide range of powerful student learning experiences. (shrink)

This chapter contains section titled: Is and Ought Public Justification and the Principle of Utility Pestilential Nonsense: Rights, Justice, and Utility The Calculus of Pleasure Problems about Pleasure Interests Equality The Universal Interest References and further reading.

When they abandoned the analytic-synthetic distinction, analytic philosophers substituted for it uncritical appeals to thought experiments or conceivability arguments. Although the history of philosophy is replete with thought experiments, medieval and early modern philosophers developed sophisticated theories concerning what governs what happens in thought experiments. By contrast, contemporary philosophers subscribe to the thesis of facile conception according to which casual allegations of conceivability or inconceivability are taken as good evidence of possibility or impossibility. Philosophers need to adopt standards of thought (...) experimentation like those found in science and to ground them in a general theory of conceivability. (shrink)

This chapter contains section titled: I Integrity: The Notion II Integrity and Justice III The Public Character of Justice IV Fidelity V Integrity and the Law Acknowledgement.

Gerald Postema presents the collected writings on legal, political, and moral theory of a key thinker of the 17th century, Sir Matthew Hale. Hale develops a unique and sophisticated account of the nature and foundations of common law, with extended reflections on natural law, moral and legal reasoning, and the legal limits of political authority.

Gerald J. Galgan's collection of essays speaks in several philosophical voices. He explores the relationship between a metaphysical and epistemological language and follows the transition from the medieval Christian Book of Nature to the modern conception of subjectivity.

‘A fool sees not the same tree that the wise man sees’, so wrote William Blake in his enigmatic ‘Proverbs of Hell’.1 Of course, in one sense, the wise man and the fool see the same tree – they dire...

This article consists of an annotated edition and translation of a previously unpublished Latin letter to G. J. Vossius from Christianus Ravius, refuting the accusation made by Johann Seyffert in his pamphlet attacking Grotius, Classicum Belli Sacri adversus Hugonem Grotium Papistam , that Grotius, while representative of the Swedish government in Paris, had advised Ravius to convert to Catholicism. The historical introduction outlines the details of and probable reasons for Seyffert's published attacks on Grotius, Grotius's attitude towards those attacks , (...) and the implications for his relationship with the Swedish government and Baron von Degenfeld, commander of the German Protestant mercenary soldiers in the service of the French crown. It also recounts what is known of Ravius's stay in Paris during which he met Grotius, and raises the question why Ravius delayed making a response to Seyffert until well after Grotius was dead. (shrink)

I offer this essay not as a “reply to my critics,” but as a contribution to a conversation about the rule of law to which they have richly contributed. After a brief outline of key features of Law’s Rule, it considers whether it is committed to a “thin” or “thick” concept of the rule of law. It then explores the ideas of arbitrary power, accountability, and recourse; and it addresses the question whether the rule of law’s concern is restricted to (...) the exercise of governmental power. It concludes with consideration of a number of tensions that lie at the heart of the rule of law ideal. (shrink)

Is there such a thing as "business ethics?" Author Gerald J. Williams compellingly answers this question in Ethics in Modern Management. Though he agrees that greed and self-interest are at work in the business environment, he also notes that they can be found in just about every area of human endeavor, and it is a fallacy to think that one can justify these vices simply because one operates in the business environment, where such behavior might be more readily condoned. (...) But the book does not stop at establishing the faulty logic behind the "business ethics" concept. It is also designed to help managers with the process of education and moral reflection by describing three approaches to morality--cultural moral relativism, utilitarianism, and Thomistic natural law--and showing how each approach attempts to solve real-life ethical conflicts in the business world. (shrink)

Semantic Holism is the claim that any semantic path from inferential semantics (the indeterminate semantics forced by the classical inference rules of PC) reaches all the way to classical semantics if it is even one step long. In our joint paper Semantic Holism, Belnap and I showed that some such semantic paths are two steps long, but we left open a number of questions about the lengths of semantic paths. Here I answer the most important of these questions by showing (...) that there are infinitely long semantic paths that begin at inferential semantics but that do not even reach classical semantics. I do this by showing how to construct such an infinite semantic path from the members of the family of (n–1)-out-of-n-disjunction connectives. (shrink)

The consumerist elevation of wants into needs requires the elevation of ethical relativism into the status of a "dogma." Collectivism and individualism are the two faces of this dogma and require the uneasy mediation of the claims of utilitarianism and romanticism. The historical and philosophical backdrop for this mediation is suggested with reference to Aristotle, Aquinas, Kant, J.S. Mill, De Tocqueville, and Oakeshott.

The Matrix exposes us to the uncomfortable worries of philosophical skepticism in an especially compelling way. However, with a bit more reflection, we can see why we need not share the skeptic’s doubts about the existence of the world. Such doubts are appropriate only in the very special context of the philosophical seminar. When we return to normal life we see immediately that they are groundless. Furthermore, we see also the drastic mistake that Cypher commits in turning his back upon (...) reality and re-entering the matrix. Not only does reason compel us to admit the existence of the external world, it also requires us to face this world, to build for ourselves meaningful lives within it, and to engage, as adults, in the serious business of living. (shrink)

The remarkable movement known as Solidarity recently celebrated its twenty-fifth anniversary in Poland. This essay provides a theoretical appreciation of the values and principles that guided and undergirded the movement, which greatly contributed to the fall of communism in Central and Eastern Europe. This systematic overview of the ethic of the Solidarity movement fills a lacuna in the field of ethics because ethicists who are interested in the concept of solidarity have largely overlooked the Polish experience of the 1980s. This (...) essay attempts to describe the key ingredients of the Polish ethic of solidarity by analyzing both Polish treatises on the subject and accounts of events on the ground. It elaborates conceptual categories and describes characteristic features of the movement in order to provide a phenomenological account of the nature of solidarity embodied in Poland during this era. These categories and characteristics include unity among differences, the foundation of hope at the movement's roots, self-sacrifice and heroism, promoting the equality and dignity of all, the centrality of participation, the affirmation of "bread and freedom," an option for the poor, and the insistence on life in truth. Although this essay does not attempt to demonstrate the relevance of this "thick" ethic of solidarity to capitalist, democratic societies today, by way of conclusion it raises questions pertaining to the contemporary significance of the Polish ethic of solidarity. (shrink)