From the Nuremberg Trials to contemporary human rights, Jews have long played prominent roles in the making of international law. But the actual ties between Jewish heritage and legal thought remain a subject of mystery and conjecture even among specialists. This volume of biographical studies takes a unique interdisciplinary approach, pairing historians and legal scholars to explore how their Jewish identities and experiences shaped their legal thought and activism. Using newly-discovered sources and sophisticated interpretative methods, this book offers an alternative (...) history of twentieth-century international legal profession – and a new model to the emerging field of international legal biography. (shrink)

This work argues that philosophy is not just useful, but vital, for thinking coherently about priorities in health policy and public policy.

The problems and the keys to their solutions -- Ontology of artworks -- Copyright and its limits -- Token appropriation -- Pattern appropriation -- Appropriation of artistic elements.

In this paper, I review recent attempts by experimental philosophers and psychologists to study folk metaethics empirically and discuss some of the difficulties that researchers face when trying to construct the right kind of research materials and interpreting the results that they obtain. At first glance, the findings obtained so far do not look good for the thesis that people are everywhere moral realists about every moral issue. However, because of difficulties in interpreting these results, I argue that better research (...) is needed to move the debate forward. (shrink)

Explores the theories of democratic individualism articulated in the works of the American transcendentalist writer Ralph Waldo Emerson, pragmatic philosophers William James and John Dewey, and African-American novelist and essayist Ralph Ellison.

James O. Young seeks to explain why we value music so highly. He draws on the latest psychological research to argue that music is expressive of emotion by resembling human expressive behaviour. The representation of emotion in music gives it the capacity to provide psychological insight--and it is this which explains a good deal of its value.

Abstract:Disturbing cases continue to be published of patients declared brain dead who later were found to have a few intact brain functions. We address the reasons for the mismatch between the whole-brain criterion and brain death tests, and suggest solutions. Many of the cases result from diagnostic errors in brain death determination. Others probably result from a tiny amount of residual blood flow to the brain despite intracranial circulatory arrest. Strategies to lessen the mismatch include improving brain death determination training (...) for physicians, mandating a test showing complete intracranial circulatory arrest, or revising the whole-brain criterion. (shrink)

This study examines the influence of ethics instruction, religiosity, and intelligence on cheating behavior. A sample of 230 upper level, undergraduate business students had the opportunity to increase their chances of winning money in an experimental situation by falsely reporting their task performance. In general, the results indicate that students who attended worship services more frequently were less likely to cheat than those who attended worship services less frequently, but that students who had taken a course in business ethics were (...) no less likely to cheat than students who had not taken such a course. However, the results do indicate that the extent to which taking a business ethics course influenced cheating behavior was moderated by the religiosity and intelligence of the individual student. In particular, while students who were highly religious were unlikely to cheat whether or not they had taken a business ethics course, students who were not highly religious demonstrated less cheating if they had taken a business ethics course. In addition, the extent of cheating among highly intelligent students was significantly reduced if such students had taken a course in business ethics. Likewise, individuals who were highly intelligent displayed significantly less cheating if they were also highly religious. The implications of these findings are discussed. (shrink)

Almost all of us would agree that the experience of art is deeply rewarding. Why this is the case remains a puzzle; nor does it explain why many of us find works of art much more important than other sources of pleasure. Art and Knowledge argues that the experience of art is so rewarding because it can be an important source of knowledge about ourselves and our relation to each other and to the world. The view that art is a (...) source of knowledge can be traced as far back as Aristotle and Horace. Artists as various as Tasso, Sidney, Henry James and Mendelssohn have believed that art contributes to knowledge. As attractive as this view may be, it has never been satisfactorily defended, either by artists or philosophers. Art and Knowledge reflects on the essence of art and argues that it ought to provide insight as well as pleasure. It argues that all the arts, including music, are importantly representational. This kind of representation is fundamentally different from that found in the sciences, but it can provide insights as important and profound as available from the sciences. Once we recognise that works of art can contribute to knowledge we can avoid thorough relativism about aesthetic value and we can be in a position to evaluate the avant-garde art of the past 100 years. Art and Knowledge is an exceptionally clear and interesting, as well as controversial, exploration of what art is and why it is valuable. It will be of interest to all philosophers of art, artists and art critics. (shrink)

Kripke is famous for holding that when the identity sign is flanked by proper names or natural kind terms, then the result is necessary if true. His conclusion is supported by the idea that proper names and natural kinds terms are rigid designators. To explore the cogency of Kripke’s position, this paper takes on two interlocking projects in the formulation of the semantics for quantified modal logic (QML). Project 1. Define ‘rigidity’ in a way that is faithful to Kripke’s intentions, (...) and for which evidence for the rigidity of proper names and natural kind terms is forthcoming. Project 2. Given a candidate definition of rigidity produced in Project 1, find a well-motivated semantics for QML that validates the claim that ‘t is identical to s’ is necessary if true when terms t and s are rigid in that sense. It is surprisingly difficult to succeed at both projects. Three different definitions for ‘rigidity’ are explored here along with a variety of corresponding QMLs. The few QMLs that survive Project 2 are very different from ones Kripke developed in his seminal paper “Semantic Considerations in Modal Logic”. Furthermore, there are serious costs whichever solution we attempt. (shrink)

Among the more significant developments of the twentieth century, the widespread attention given to 'rights issues' must surely justify ranking it somewhere near the top. Never before has the issue of rights attracted such a wide audience or stirred so much controversy. Until very recently 'rights' were traditionally recognized as attributable only to humans. Today, we increasingly are hearing a call to extend 'rights' to the nonhuman animal and, on occasion, to the environment. In this book, James B. Reichmann, (...) S.J., undertakes an investigation of the metaethical grounds of 'rights' theory, with special focus on the controversial issue of whether creatures other than humans can and should be considered true subjects of 'rights.' He contends that before assigning rights to this or that individual or group, whether human or not, we need to be very clear about what it is we are assigning, to whom, and why. The book argues forcefully that the various recent efforts to build a case supporting animal and environmental 'rights' fail in their quest, and that any such effort resting on a Darwinian evolutionary base is likewise condemned to fail. In furtherance of this claim the author first investigates life phenomena, followed by a detailed comparative study of knowing, communicating and doing, as these are observed in the human and the nonhuman animal. This in turn is followed by an overview of diverse views advanced by contemporary environmental ethicists and animal 'rights' advocates, including Peter Singer, Tom Regan, J. Baird Callicott, Laura Westra, and Don E. Marietta, Jr. Representative though doubtless provocative conclusions drawn from this study include the claims that: (1) Classic Darwinian theory provides no admissable premise from which to derive a theory of inherent, inalienable rights. (2) No satisfactory explanation of the origin of rights and obligation can derive save from within the context of natural law theory. (3) The human person alone unqualifiedly possesses rights. (4) The view that vegetarianism is an ethical mandate is neither compatible with the Christian world view, nor philosophically sound. ABOUT THE AUTHOR: James B. Reichmann, S.J., is professor emeritus of philosophy at Seattle University where he continues to teach. (shrink)

Among the old and new controversies over brain death, none is more fundamental than whether brain death is equivalent to the biological phenomenon of human death. Here, I defend this equivalency by offering a brief conceptual justification for this view of brain death, a subject that Andrew Huang and I recently analyzed elsewhere in greater detail. My defense of the concept of brain death has evolved since Bernard Gert, Charles Culver, and I first addressed it in 1981, a development that (...) paralleled advances in intensive care unit treatment. The century‐old concept of the organism as a whole provides the fundamental justification for the equivalency of brain death and human death. In our technological age, in which increasing numbers of components and systems of an organism can be kept alive, and for longer intervals, the permanent cessation of functioning of the organism as a whole is the phenomenon that best corresponds to its death. (shrink)

Journal of Religious Ethics, Volume 49, Issue 4, Page 768-792, December 2021.

An ambitious new model of experimentation that will reorient our understanding of the key features of experimental practice. What is experimental knowledge, and how do we get it? While there is general agreement that experiment is a crucial source of scientific knowledge, how experiment generates that knowledge is far more contentious. In this book, philosopher of science James Mattingly explains how experiments function. Specifically, he discusses what it is about experimental practice that transforms observations of what may be very (...) localized, particular, isolated systems into what may be global, general, integrated empirical knowledge. Mattingly argues that the purpose of experimentation is the same as the purpose of any other knowledge-generating enterprise—to change the state of information of the knower. This trivial-seeming point has a non-trivial consequence: to understand a knowledge-generating enterprise, we should follow the flow of information. Therefore, the account of experimental knowledge Mattingly provides is based on understanding how information flows in experiments: what facilitates that flow, what hinders it, and what characteristics allow it to flow from system to system, into the heads of researchers, and finally into our store of scientific knowledge. (shrink)

This is a study of the central questions of explanation in the social sciences, and a defence of 'holism' against 'individualism'. In the first half of the book Susan James sets out very clearly the philosophical background to this controversy. She locates its source not at the analytical level at which most of the debate is usually conducted but at a more fundamental, moral level, in different conceptions of the human individual. In the second half of the book she (...) examines critically three case studies of holistic approaches - Althusser, Poulantzas and the Annales historians - and progressively refines our sense of the strengths and deficiencies of their programmes. She ends by arguing for a form of concessive holism, which offers some accommodation to liberal conceptions of individual autonomy but continues to emphasise the explanatory importance of social regularities and environments. (shrink)

Patients -- Clients -- Welfare assessment -- Clinical choices -- Achieving animal welfare goals -- Beyond the clinic.

Kuhn closed the Introduction to The Structure of Scientific Revolutions with what was clearly intended as a rhetorical question: How could history of science fail to be a source of phenomena to which theories about knowledge may legitimately be asked to apply? (Kuhn 1970, 9) This paper argues that there is a more fruitful way of conceiving the relationship between a historical and philosophical study of science, which is dubbed the 'phylogenetic' approach. I sketch an example of this approach, and (...) take a first pass at an abstract characterization of the method. (shrink)

This generous omnium-gatherum brings together all the writings William James published that have not appeared in previous volumes of this definitive edition of ...

This paper develops an order-theoretic generalization of Blok and Pigozziʼs notion of an algebraizable logic. Unavoidably, the ordered model class of a logic, when it exists, is not unique. For uniqueness, the definition must be relativized, either syntactically or semantically. In sentential systems, for instance, the order algebraization process may be required to respect a given but arbitrary polarity on the signature. With every deductive filter of an algebra of the pertinent type, the polarity associates a reflexive and transitive relation (...) called a Leibniz order, analogous to the Leibniz congruence of abstract algebraic logic . Some core results of AAL are extended here to sentential systems with a polarity. In particular, such a system is order algebraizable if the Leibniz order operator has the following four independent properties: it is injective, it is isotonic, it commutes with the inverse image operator of any algebraic homomorphism, and it produces anti-symmetric orders when applied to filters that define reduced matrix models. Conversely, if a sentential system is order algebraizable in some way, then the order algebraization process naturally induces a polarity for which the Leibniz order operator has properties –. (shrink)

This paper reflects on the relationship between theory and practice in bioethics, by using various concepts drawn from debates on innovation in healthcare research—in particular debates around how best to connect up blue skies ‘basic’ research with practical innovations that can improve human lives. It argues that it is a mistake to assume that the most difficult and important questions in bioethics are the most abstract ones, and also a mistake to assume that getting clear about abstract cases will automatically (...) be of much help in getting clear about more complex cases. It replaces this implicitly linear model with a more complex one that draws on the idea of translational research in healthcare. On the translational model, there is a continuum of cases from the most simple and abstract to the most concrete and complex. Insights need to travel in both directions along this continuum—from the more abstract to the more concrete and from the more concrete to the more abstract. The paper maps out some difficulties in moving from simpler to more complex cases, and in doing so makes recommendations about the future of bioethics. (shrink)

"Ludwig Wittgenstein's brief Tractatus Logico-Philosophicus is one of the most important philosophical works of the Twentieth Century, yet it offers little orientation for the reader. The first-time reader is left wondering what it could be about, and the scholar is left with little guidance for interpretation. In Tractatus in Context, James C. Klagge presents the vital background necessary for appreciating Wittgenstein's gnomic masterpiece. Tractatus in Context contains the early reactions to the Tractatus, including the initial reviews written in 1922-1924. (...) And while we can't talk with Wittgenstein, we can do the next best thing-hear what he had to say about the Tractatus. Klagge thus presents what Wittgenstein thought about germane issues leading up to his writing the book, in discussions and correspondence with others about his ideas, and what he had to say about the Tractatus after it was written-in letters, lectures and conversations. It offers, you might say, Wittgenstein's own commentary on the book. Key Features: Illuminates what is at stake in the Tractatus, by providing the views of others that engaged Wittgenstein as he was writing it. Includes Wittgenstein's earlier thoughts on ideas in the book as recorded in his notebooks, letters, and conversations as well as his later, retrospective comments on those ideas. Draws on new or little-known sources, such as Wittgenstein's coded notebooks, Hermine's notes, Frege's letters, Hänsel's diary, Ramsey's notes, and Skinner's dictations. Draws connections between the background context and specific passages in the Tractatus, using a proposition-by-proposition commentary"--. (shrink)

Preface to the fifth edition -- A world of difference -- A universe charged with the grandeur of God : Christian theism -- The clockwork universe : deism -- The silence of finite space : naturalism -- Zero point : nihilism -- Beyond nihilism : existentialism -- Journey to the east : eastern pantheistic monism -- A separate universe : the New Age spirituality without religion -- The vanished horizon : postmodernism -- A view from the Middle East : Islamic (...) theism -- The examined life. (shrink)

Religion has been responsible for both horrific acts against humanity and some of humanity's most sublime teachings and experiences. How is this possible? From a contemporary psychoanalytic perspective, this book seeks to answer that question in terms of psychology dynamic of realism. At the heart of living religion is the idealization of everyday objects. Such idealizations provide much of the transforming power of religious experience, which is one of the positive contributions of religion to psychological life. However, idealization can also (...) lead to religious fanaticism, which can be very destructive. Drawing on the work of various contemporary relational theorists within psychoanalysis, this book develops a psychoanalytically informed theory of the transforming terror-producing effects of religious experience. It discusses the question of whether or not, if idealism is the cause of many of the destructive acts done in the name of religion, there can be vital religion without idealism. Thisis the first book to address the nature of religion and its capacity to sponsor both terrorism and transformation in terms of contemporary relational psychoanalytic theory. It will be invaluable to students and practitioners of psychoanalysis, psychotherapy, psychology and religious studies. (shrink)

This is the text available from Emory University.

_ Source: _Volume 10, Issue 1, pp 1 - 28 We still lack a systematic or complete theory of tradition. By referring to the works of many major figures of the last century – Arendt, Boyer, Eisenstadt, Eliot, Gadamer, Goody, Hobsbawm, Kermode, Leavis, MacIntyre, Oakeshott, Pieper, Pocock, Popper, Prickett, Shils and others – I show that a theory of tradition must include insights taken not only from the study of sociology and anthropology, but also from the study of literature and (...) religion. The proliferation of separate academic subjects does not make it any less necessary for us to attempt to say in general what we are talking about when we talk about tradition. In this article I distinguish three elements which are found in traditions. I call these continuity, canon, and core. The argument is that traditions can be distinguished in terms of whether there is a core in addition to canon and continuity, a canon in addition to continuity, or only mere continuity. Together these form a theory of tradition which enables us to see what is necessary to all traditions and also what it is which distinguishes different types of tradition from each other. (shrink)

Those whose Way is not the same cannot take counsel together.Confucius, Analects XV, 40Quasi-Realism and Fundamental Disagreement: Egan’s ProblemI believe that it is wrong to open your boiled egg at the big end. You believe that it is not wrong to open your egg at the big end. We are at an impasse. The impasse might not be deep. One of us might just be wrong on some matter of prosaic nonnormative fact. But perhaps that is not the case. Even (...) if we both came to be fully informed about all relevant facts, our disagreement might persist. Perhaps other rational means are available to resolve our disagreement. Perhaps if I became more sensitive, more imaginative, more considerate of others’ needs, I would change my mind. And perhaps, by my own present lights, one’s moral sensibility is improved by being changed in these ways, so that this would be, again by my own present lights, a change for the better. Perhaps your contrary view would not prove robust in circumstances where you had to endu. (shrink)

The claim that Rousseau's writings influenced the development of Kant's critical philosophy, and German idealism, is not a new one. As correct as the claim may be, it does not amount to a systematic account of Rousseau's place within this philosophical tradition. It also suggests a progression whereby Rousseau's achievements are eventually eclipsed by those of Kant, Fichte and Hegel, especially with respect to the idea of freedom. In this book David James shows that Rousseau presents certain challenges that (...) Kant and the idealists Fichte and Hegel could not fully meet, by making dependence and necessity, as well as freedom, his central concerns, and thereby raises the question of whether freedom in all its forms is genuinely possible in a condition of human interdependence marked by material inequality. His study will be valuable for all those studying Kant, German idealism and the history of eighteenth- and nineteenth-century ideas. (shrink)