The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting states. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application", it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that (...) whilst the number of contracting states is constantly increasing so too is the threat of variation in application. In this book the most important issues of the CISG's methodology are analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories. (shrink)

On savait que c’était l’entité la plus complexe de l’univers connu. Mais le feu d’artifice de découvertes récentes dépasse l’entendement et fait exploser tous les schémas. Votre cerveau est (beaucoup) plus fabuleux que vous le croyez. Il est : totalement élastique, même âgé, handicapé, voire amputé de plusieurs lobes, le système nerveux central peut se reconstituer et repartir à l’assaut des connaissances et de l’action sur le monde ; totalement social, un cerveau n’existe jamais seul, mais toujours en résonance avec (...) d’autres. Mieux : nous sommes neuronalement constitués pour entrer en empathie avec autrui et aller à son secours. Ce livre aborde ces questions passionnantes avec cinq spécialistes. (shrink)

In his book, Physical Relativity, Harvey Brown challenges the orthodox view that special relativity is preferable to those parts of Lorentz's classical ether theory it replaced because it revealed various phenomena that were given a dynamical explanation in Lorentz's theory to be purely kinematical. I want to defend this orthodoxy. The phenomena most commonly discussed in this context in the philosophical literature are length contraction and time dilation. I consider three other phenomena of this kind that played a role in (...) the early reception of special relativity in the physics literature: the Fresnel drag effect in the Fizeau experiment, the velocity dependence of electron mass in beta-ray deflection experiments by Kaufmann and others, and the delicately balanced torques on a moving charged capacitor in the Trouton-Noble experiment. I offer historical sketches of how Lorentz's dynamical explanations of these phenomena came to be replaced by their now standard kinematical explanations. I then take up the philosophical challenge posed by the work of Harvey Brown and Oliver Pooley and clarify how those kinematical explanations work. (shrink)

Readers of this volume will notice that it contains only a few papers on general relativity. This is because most papers documenting the genesis and early development of general relativity were not published in Annalen der Physik . After Einstein took up his new prestigious position at the Prussian Academy of Sciences in the spring of 1914, the Sitzungsberichte of the Berlin academy almost by default became the main outlet for his scientific production. Two of the more important papers on (...) general relativity, however, did find their way into the pages of the Annalen [35,41]. Although I shall discuss both papers in this essay, the main focus will be on [35], the first systematic exposition of general relativity, submitted in March 1916 and published in May of that year. (shrink)

Moral reasoning typically informs environmental decision-making by measuring the possible outcomes of policies or actions in light of a preferred ethical theory. This method is subject to many problems. Environmental pragmatism tries to overcome them, but it suffers also from some pitfalls. This paper proposes a new method of environmental pragmatism that avoids the problems of both the traditional method of environmental moral reasoning and of the general versions of environmental pragmatism. We call it ‘justificatory moral pluralism’ – it develops (...) the intuition that normative ethical theories need not be mutually exclusive. This leaves room for important forms of pluralist environmental ethics that do not require a once-and-for-all prior commitment to an ethical theory when deciding about policies or courses of action related to the protection of the environment. Justificatory moral pluralism offers a viable solution to the recurrent conflicts between efficient environmental decisions and the need for moral reasoning. (shrink)

There are two principles which bear the name Frege''sprinciple: the principle of compositionality, and the contextprinciple. The aim of this contribution is to investigate whether thisis justified: did Frege accept both principles at the same time, did hehold the one principle but not the other, or did he, at some moment,change his opinion? The conclusion is as follows. There is a developmentin Frege''s position. In the period of Grundlagen he followed to a strict form of contextuality. He repeatedcontextuality in later (...) writings, but became less strict. From 1914 on,pushed by the needs of research, he comes close to compositionality. Buthe could never make the final step toward compositionality forprincipled reasons, therefore he always would reject compositionality. (shrink)

While women philosophers are beginning to be rediscovered in the Early Modern period, they are conspicuously missing from later nineteenth and early to mid-twentieth century histories of philosophy...

Susan Stebbing (1885–1943), the UK’s first female professor of philosophy, was a key figure in the development of analytic philosophy. Stebbing wrote the world’s first accessible book on the new polyadic logic and its philosophy. She made major contributions to the philosophy of science, metaphysics, philosophical logic, critical thinking, and applied philosophy. Nonetheless she has remained largely neglected by historians of analytic philosophy. This Element provides a thorough yet accessible overview of Stebbing’s positive, original contributions, including her solution to the (...) paradox of analysis, her account of the relation of sense-data to physical objects, and her anti-idealist interpretation of the new Einsteinian physics. Stebbing’s innovative work in these and other areas helped move analytic philosophy from its early phase to its middle period. (shrink)

The survival of some masterpieces of literature across the ages is still an unexplained mystery. Deeply rooted in their time, they reflect the preoccupations of a given historical period and have an impact, by means of their testimony, on future generations. They bring into play images, drives and phantoms which have remained unchanged from prehistoric time to our day. The perfection of their form has remained unequaled; their examples incite us to meditation and creativity.

Esta pesquisa se propõe a ser uma forma de análise da práxis cristã, tendo como ponto de partida a experiência místico-religiosa. A resposta de Friedrich Schleiermacher ao Iluminismo tem muito a nos beneficiar, principalmente se levarmos em consideração as críticas de Rudolf Otto. A compreensão do “sentimento de dependência” em Schleiermacher, que se torna em Otto “sentimento de criatura”, e a realidade da experiência de Deus que se conecta à práxis, nos fornecem um excelente ponto de partida para compreensão daquilo (...) que move as pessoas a uma vida de renúncia, servidão e comprometimento com valores e princípios do Evangelho de Jesus Cristo. Com base em uma pesquisa de campo, foi possível perceber que existe uma conexão entre a práxis cristã e a experiência religiosa. Quando há experiência religiosa, há ações cristãs executadas com naturalidade, com maior incidência do que quando não existe tal experiência. Podemos ter muito a perder se acaso deixarmos de considerar o aspecto experiencial da fé cristã com o sagrado. Em primeiro lugar, em nossas formulações teológicas, as quais podem, em maior ou menor grau, enfatizar em demasia aspectos antropocêntricos, deixando de lado o aspecto numinoso. Em segundo lugar, perderemos a oportunidade de influenciar a igreja a vivenciar uma prática espiritual real, que considere, com toda a relevância devida, a experiência de fé e não somente aspectos catequéticos. Por fim, perderemos a possibilidade de analisar a vida de fé, tendo como ponto de partida a experiência de Deus, que pode ter sido agente influenciador número um para uma vida de exemplo de práxis cristã genuína. (shrink)

In this paper I build a case for considering the pioneering behaviourist philosopher Grace de Laguna as one of the grandmothers of analytic philosophy. I argue against the ‘Great Men’ narrative of analytic philosophy as composed of Moore, Russell, Wittgenstein and their followers, and in favour of a more inclusive ‘movement’ narrative of analytic philosophy as a broad and varied movement with an anti-idealist and naturalistic orientation aimed at fitting around novel development in the sciences, including Einsteinian physics and psychology. (...) I compare de Laguna’s prescient early views to Whitehead’s; both share an anti-idealist but also anti-atomist solution to the problem of perception, and both oppose the bifurcation of nature, with de Laguna expressing these views before Whitehead did. I conclude that while both opposed the narrower project of logical atomism, both count as ancestors of the wider analytic movement. (shrink)

When we talk about Presocratic philosophy, we are speaking about the origins of Greek philosophy and Western rationality itself. But what exactly does it mean to talk about “Presocratic philosophy” in the first place? How did early Greek thinkers come to be considered collectively as Presocratic philosophers? In this brief book, André Laks provides a history of the influential idea of Presocratic philosophy, tracing its historical and philosophical significance and consequences, from its ancient antecedents to its full crystallization in (...) the modern period and its continuing effects today. Laks examines ancient Greek and Roman views about the birth of philosophy before turning to the eighteenth-century emergence of the term “Presocratics” and the debates about it that spanned the nineteenth and twentieth centuries. He analyzes the intellectual circumstances that led to the idea of Presocratic philosophy—and what was and is at stake in the construction of the notion. The book closes by comparing two models of the history of philosophy—the phenomenological, represented by Hans-Georg Gadamer, and the rationalist, represented by Ernst Cassirer—and their implications for Presocratic philosophy, as well as other categories of philosophical history. Other figures discussed include Plato, Aristotle, Cicero, Diogenes Laertius, Schleiermacher, Hegel, Nietzsche, Max Weber, and J.-P. Vernant. Challenging standard histories of Presocratic philosophy, the book calls for a reconsideration of the conventional story of early Greek philosophy and Western rationality. (shrink)

In ordinary language, in the medical sciences, and in the overlap between them, we frequently make claims which imply that we might have had different gametic origins from the ones we actually have. Such statements seem intuitively true and coherent. But they counterfactually ascribe different DNA to their referents and therefore contradict material-origin essentialism, which Kripke and his followers argue is intuitively obvious. In this paper I argue, using examples from ordinary language and from philosophy of medicine and bioethics, that (...) statements which attribute alternative material origins to their referents are useful, common in political and medical reasoning, and in many cases best interpreted literally. So we must replace the doctrine of material-origin essentialism with one that can make sense of ordinary discourse and the language of the medical sciences. I propose an anti-essentialist account of such counterfactuals according to which individuals’ modal properties are relative to a given inquiry. (shrink)

Die gegenwärtige digitale visuelle Kultur hat die Filmwissenschaft in den letzten Jahren mit einer Reihe tiefgreifender Fragen konfrontiert. Das sind Fragen nach einer neuen Ontologie bewegter Bilder, dem Zuschnitt des globalen Mediensystems oder der Genealogie digitaler Medien. Der Beitrag schlägt vor, einige der in diesen Debatten aufgeworfenen Fragen mit Hilfe der Akteur-Netzwerk-Theorie (ANT) zu lösen.

Susan Stebbing’s work on incomplete symbols and analysis was instrumental in clarifying, sharpening, and improving the project of logical constructions which was pivotal to early analytic philosophy. She dispelled use-mention confusions by restricting the term ‘incomplete symbol’ to expressions eliminable through analysis, rather than those expressions’ purported referents, and distinguished linguistic analysis from analysis of facts. In this paper I explore Stebbing’s role in analytic philosophy’s development from anti-holism, presupposing that analysis terminates in simples, to the more holist or foundherentist (...) analytic philosophy of the later 20th century. I read Stebbing as a transitional figure who made room for more holist analytic movements, e.g., applications of incomplete symbol theory to Quinean ontological commitment. Stebbing, I argue, is part of a historical narrative which starts with the holism of Bradley, an early influence on her, to which Moore and Russell’s logical analysis was a response. They countered Bradley’s holist reservations about facts with the view that the world is built up out of individually knowable simples. Stebbing, a more subtle and sympathetic reader of the British idealists, defends analysis, but with important refinements and caveats which prepared the way for a return to foundherentism and holism within analytic philosophy. (shrink)