One is sometimes, but only sometimes, justified in pursuing a suboptimal course of action due to a concern that, in attempting the ideal course, one might fail to follow through and so make the situation even worse. This paper explains why such hedging is sometimes justified and sometimes not. -/- The explanation we offer relies on Elizabeth Anscombe’s distinction between reasons and logoi. Reasons are normative considerations that identify something good or bad that an act will secure or avoid, while (...) logoi constrain which actions one may consider at all. We argue that a careful unpacking of this distinction, in light of Anscombe’s associated notion of natural unintelligibility, explains why hedging is only sometimes justified. First, the intuitively inappropriate cases of hedging all involve treating logoi as though they had the normative bearing of reasons. Second, the action-theoretic differences between reasons and logoi ground a principled explanation of why one may hedge when considering reasons but not when considering logoi. -/- Having made this argument, we then show how our approach to hedging is superior to the two approaches recently developed by Berislav Marušić and Stephen White. First, we show that their accounts give counter-intuitive results in some cases. Second, we argue that their accounts violate a plausible principle of interpersonal parity (i.e., they sometimes allow us to consider the faults of others while precluding us from considering our own faults). Finally, we argue that our account better explains how intuitions shift as we vary the details of cases. (shrink)

Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James (...) Phelan, and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)

Margaret Reynolds: The Child in Poetry Ken Binmore: The Origins of Fair Play James Simpson: Bonjour Paresse: Waste and Recycling in Book 4 of Gower's Confessio Amantis Ian Hacking: Kinds of People: Moving Targets Adam Smith: Nation and Covenant: The Contribution of Ancient Israel to Modern Nationalism Louise Daston: The Marquis de Condorcet and the Meaning of Enlightenment R J Evans: Coercion and Consent in Nazi Germany Robert Douglas-Fairhurst: A E Housman's Rejected Addresses Bernard Bailyn: The Search for Perfection: Atlantic (...) Dimensions John Stachel: Einstein; Ian Donaldson, Shakespeare, Jonson and the Invention of the Author Neil MacCormick: Judicial Independence: Who Cares? Norman Hammond: Recovering Maya Civilisation Roy Foster: 'Now Shall I Make My Soul': Approaching Death in Yeats's Life and Work Robert Darnton: The Devil in the Holy Water: Political Libel in Eighteenth-Century France. (shrink)

People are habitual explanation generators. At its most mundane, our propensity to explain allows us to infer that we should not drink milk that smells sour; at the other extreme, it allows us to establish facts (e.g., theorems in mathematical logic) whose truth was not even known prior to the existence of the explanation (proof). What do the cognitive operations underlying the inference that the milk is sour have in common with the proof that, say, the square root of two (...) is irrational? Our ability to generate explanations bears striking similarities to our ability to make analogies. Both reflect a capacity to generate inferences and generalizations that go beyond the featural similarities between a novel problem and familiar problems in terms of which the novel problem may be understood. However, a notable difference between analogy-making and explanation-generation is that the former is a process in which a single source situation is used to reason about a single target, whereas the latter often requires the reasoner to integrate multiple sources of knowledge. This seemingly small difference poses a challenge to the task of marshaling our understanding of analogical reasoning to understanding explanation. We describe a model of explanation, derived from a model of analogy, adapted to permit systematic violations of this one-to-one mapping constraint. Simulation results demonstrate that the resulting model can generate explanations for novel explananda and that, like the explanations generated by human reasoners, these explanations vary in their coherence. (shrink)

When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan lamented, whose "massive scholarship" has never been fully recognized. In addition, he was the second Harlan to sit on the Court, following his grandfather--also named John Marshall Harlan. But while his grandfather was an (...) outspoken supporter of reconstruction on a conservative court, the younger Harlan emerged as a critic of the Warren Court's liberal expansion of civil liberties. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, education at Princeton and Oxford, his work as a prosecutor during Prohibition, Republican Party activities, wartime service in the Army Air Force, and years as one of the nation's preeminent corporate lawyers. The book focuses, however, on Harlan's years on the high bench. Yarbrough weaves together discussions of the Justice's relations with his brethren, clerks, and staff, an examination of Harlan's role in the decision-making process on the Court, and an analysis of his jurisprudence. The Justice's approach to constitutional interpretation exalted precedent, deference to governmental power, and narrow decisions closely tied to case facts; but he also accepted an evolving, creative model of constitutional construction which permitted expansive readings of constitutional rights. Yarbrough's details Harlan's close relationship with Justice Frankfurter, showing how--despite their friendship and alliance--Harlan strongly marked out his own position, both personally and judicially, on the Warren and Burger courts. And he examines the substance and significance of his dissents in such famous cases as Miranda and the Pentagon Papers. Intensively researched, smoothly written, and incisively argued, Yarbrough's biography offers an absorbing account of the life and career of a great dissenter, hailed by admirers as a "lawyer's lawyer" and a "judge's judge." Coming at a time when the high court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both. (shrink)

The idea that there are some things which we should not talk about is most commonly dealt with in the context of debates about rights to free speech, and other contexts in which the value of talking is typically understood in instrumental terms. This paper explores ways of grounding that idea which do not depend upon instrumental values, in particular in the context of self-revelatory and confessional talk.

The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals (...) for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?"Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:REJOINDER TO BRUCE MARSHALL FREDERICK J. CROSSON University of Notre Dame Notre Dame, J.ndiana DISCUSSIONS HAVE to end sometime, and the differences in the reading of Aquinas by Bruce Marshall and myself will perhaps have sufficiently come into view if brief comments on several points are made. 1. In his second statement 1 Marshall seems to have shifted his argument. Originally he argued that a non-believer (...) (e.g. a pagan philosopher such as Aristotle) could not know or even properly refer to God.2 But in the subsequent statement, he seems to concede that, according to Aquinas, " That there is one God was known even by the philosophers, and is not a part of faith " and that " while some of the Gentiles knew God with respect to certain things which were knowable by reason, nevertheless they did not know him insofar as he is the Father...." (501; cf. 51213 ). Marshall seems now to hold that although that knowledge was possible at one time, it is not any longer: As Thomas reads Paul, then, the error (and specifically the idolatry) of the Gentiles overrides the knowledge of himself which God has given to them " from 1creation through the senses " ; in consequence the further possibility of this knowledge... is withdrawn by God. With regard to the Gentiles, including their sapientes-the philosophers with demonstrative arguments-the denial of knowledge overrides the initial ascription of it (512, my emphasis). 1 Bruce D. Marshall, " Thomas, Thomisms, and Truth", The Thomist 56 (1992) pp. 499-524. His original article was in ibid. 53 (1989), pp. 353-402. Page references in the text or footnotes without other citation will be to these articles. 2 " The person whose discourse does not cohere with the broader norms of Christian belief is not even talking about God, and so cannot possibly know or refer to him " (378-379), emphasis mine. 299 300 FREDERICK J. CROSSON I confess to a certain difficulty in understanding what "overrides " means here: cancels? contradicts? blots out? In any case, it seems that it was, at some time and for some non-Christian thinkers (e.g. Aristotle), possible to come to the knowledge of God's existence by reason, but that Marshall interprets Aquinas as saying that that knowledge is no longer even possible. 2. Marshall's general claim is that Aquinas must be read as holding a coherentist notion of revealed truth, so that a pagan and a Christian cannot mean the same thing the word ' God '. But Aquinas says exactly the opposite: Neither a Catholic nor a pagan knows the nature of God as he is in himself, but each knows him by some understanding (aliquam rationein ) of causality or excellence or remotion... Consequently a pagan can take this name God, when he says an idol is God, in the same way that a Catholic does in saying an idol is not God.3 3. Again and again, Marshall returns to the claim that, according to Aquinas, " In simple things any failure of knowledge (defectus cognitionis) is in fact a total lack of knowledge " (382) ;4 he cites the Commentary on John, in which Thomas declares... while it is possible for composite things to be known in part and to be unknown in part, if simple things are not grasped completely, they are not known (501). In Marshall's view, these claims about the knowledge of simple forms exclude the possibility of any adequation between the conclusion of a pagan philosopher's demonstration and the Divine esse: "... the defectus cognitionis of which Thomas speaks in II-II, 2, 2, ad 3, entails not a partial, but a total lack of corres:. pondence between the mind and God" (384). Marshall seems to read such statements as if they made the following objection: a Summa Theologiae I, q. 3, a. 10, ad 5: Dicendum quod ipsam naturam Dei prout in se est, neque catholicus neque paganus cognoscit; sed uterque cognoscit earn secumdum aliquam rationem causalitatis vel excellentiae vel remotionis... Et secundum hoc in eadem significatione accipere potest gentilis hoc nomen Deus, cum. (shrink)

The idea that crimes can usefully be understood as ‘public wrongs’, and that this can generate a plausible principle of criminalisation, has found some support in recent years; it has also been subjected to some sharp criticism. This paper aims to sketch the most plausible version of that idea, and to show how, once properly explained, it is not vulnerable to those criticisms. After a brief defence of the negative principle, that we may not criminalise conduct that does not constitute (...) a public wrong, it explains the positive principle, that we have reason to criminalise conduct if it constitutes a public wrong, by drawing an analogy between criminal law and codes of professional ethics, and by appealing to the idea of civil order, as the normative structure of a polity—a structure that criminal law helps both to constitute and to sustain. Four objections are then met: that this account implies an unacceptable relativism; that it distorts the reasons that bear on criminalisation; that it cannot make room for those who do not identify themselves with the polity in which they live; and that it implies an unrealistically demanding conception of what is required for a polity to exist. (shrink)

The fourth volume in the Criminalization series, this volume explores some of the most general principles and theories of criminalization. It includes not only philosophical work, but also historical, legal, and sociological investigations into criminalization, clarifying the state of the discipline today.

Discovering Eve: Ancient Israelite Women in Context. By Carol Meyers.Wives, Harlots and Concubines. By Alice L. Laffey.Jonah. A Psycho‐Religious Approach to the Prophet. By Andre LaCocque and Pierre‐Emmanuel Lacocque.The Temptation and the Passion: The Markan Soteriology, Second Edition. By Ernest Best.Theios Aner and the Markan Miracle Traditions: A Critique of the ‘Theios Aner’Concept as an Interpretative Background of the Miracle Traditions used by Mark. By Barry Blackburn.The Shepherd Discourse of John 10 and its Context: Studies by Members of the (...) Johannine Writings Seminar. Edited with introduction by Johannes Beutler, S.J., and Robert T. Fortna.The Epistle to the Hebrews: A Commentary on the Epistle to the Hebrews. By Harold W. Attridge, edited by Helmut Koester.Structure and Message of the Epistle to the Hebrews. By Albert Vanhoye, translated by James Swetnam.Religious Pluralism and Unbelief: Studies Critical and Comparative. Edited by Ian Hamnett.7he Uniqueness of Christ in the 7heocentric Model of the Christian Theology of World Religions: An Elaboration and Evaluation of the Position ofJohn Hick. By Gregory H. Carruthers.The Jewish Roots of Christian Liturgy. Edited by Eugene J. Fisher.Women, Religion and Sexuuliry: Studies on the Impact of Religious Teachings on Women. Edited by Jeanne Becher.In Whose Image? God and Gender. By Jann Aldredge Clanton.Women Towards Priesthood: Ministerial Politics and Feminist Praxis. By Jacqueline Field‐Bibb.Afrer Eve: Women, Theology and the Christian Tradition. Edited by J. Martin Soskice.Karl Barth: Biblical and Evangelical Theologian. By Thomas F. Torrance.Theology und Dialogue: Essay in Conversation with George Lindbeck. Edited by Bruce D. Marshall.From Theology to Social Theory: Juan Luis Segundo and the Theology of Liberation. By Marsha Aileen Hewitt.Liberation Theology at the Crossroads: Democracy or Revolution. By Paul E. Sigmund.Global Responsibility: In Search of a New World Ethic. By Hans Kung.Marxism, Moralig and Social Justice. By R. G. Peffer.The Political Philosophy of the British Idealists. By Peter P. Nicholson.The Political Philosophy of Michael Oakeshott. By Paul Franco.Divine Action. By Keith Ward.Free Willand the Christian Faith. By W. S. Anglin.Tracrurian Semantics: Finding Sense in Wirrgetisrein's ‘Tractatus’. By Peter Carruthers.The Metaphyics of the ‘Tracratus’. By Peter Carruthers.Realism with a Human Face. By Hilary Putnam.Explanation and its Limits. Edited by Dudley Knowles.Mencius and Aquinas: Theories of Virtue and Conceptions of Courage. By Lee H. Yearly.Hobbes. By Richard Tuck.Freedom and the End of Reason: On the Moral Foundation of Kant's Critical Philosophy. By Richard L. Velkley.Reason in Religion: The Foundarions of Hegel's Philosophy of Religion. By Walter Jaeschke.International Kierkegaard Commentary, VoL 13: The Corsair Affair. Edited by Robert L. Perkins.Ssren Kierkegaard: ‘Eighteen Upbuilding Discourses’. Edited by Howard V. Hong and Edna H. Hong.Lonergan Workshop, Volume 6. Edited by Fred Lawrence.Holy City, Holy Places: Christian Attitudes to Jerusalem and the Holy Land in the Fourth Century. By P. W. L. Walker.Politics, Poetics and Hermeneutics in Milton s Prose. Edited by David Loewenstein and James Grantham Turner.Beauty and Holiness: The Dialogue between Aesthetics and Religion. By James Alfred Martin.Science Deified & Science Defied: The Historical Significance of Science in Western Culture. Volume 2: From the Earl? Modern Age through the Romantic Era ca. 1640 to ca. 1820. By Richard Olson.The Vatican and Zionism: Conflict in the Holy Land, 1895‐1925. By Sergio I. Minerbi.The Social Dimensions of Sectarianism: Sects and New Religious Movements Contemporary Society. By Bryan Wilson.Confessor between East and West: A Portrait of Ukrainian Cardinal Josyf Slipyj. By Jaroslav Pelikan. (shrink)

This essay considers the issue of informed consent as it arose in the context of 1960s living kidney donors. In one of the earliest empirical inquiries into informed consent, psychiatrists Carl H. Fellner and John R. Marshall interviewed donors about their decision‐making process and their experience and reflections on donorship. In their much‐cited 1970 paper, the physicians reported that living donors, rather than reaching a reasoned, intellectual, and unemotional decision about donating a kidney (as stipulated in the Ethical (...) Guidelines for Organ Transplantation issued by the American Medical Association's Judicial Council), instead made instantaneous and “irrational” decisions about participation. Fellner and Marshall's studies contributed to the public debate and professional discussion about the moral and ethical dimensions of donorship, even as they challenged the developing consensus on informed consent. (shrink)

What a person is doing often depends on that person’s thought about what they are doing, or about the wider circumstances of their action. For example, whether my killing is murder or manslaughter depends, in part, on whether I understand that what I am doing is killing you, and on whether I understand that my killing is unjustified. Similarly, if I know that the backpack I am taking is yours, then my taking it may be an act of theft; but (...) it is not theft if I simply mistook your backpack for my own. And if I don’t know that in signing a document I’m promising to do some thing, then in signing it I’m not promising to do this at all. -/- According to Elizabeth Anscombe, a central task of philosophical psychology is to articulate this dependency of action on thought. And in a range of papers published during the 1960s, Anscombe sought to elucidate various aspects of this dependency. In this paper we give a systematic overview of how Anscombe understands this dependency, and in the process reveal the conceptual framework underlying Anscombe’s thinking about perception, desire, intention, voluntariness, responsibility, guilt, and sin. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Human Nature in Early Franciscan Thought: Philosophical Background and Theological Significance by Lydia SCHUMACHERJohn Marshall DiamondSCHUMACHER, Lydia. Human Nature in Early Franciscan Thought: Philosophical Background and Theological Significance. Cambridge: Cambridge University Press, 2023. xiv + 343 pp. Cloth, $120.00Lydia Schumacher’s recent work, Human Nature in Early Franciscan Thought: Philosophical Background and Theological Significance, is a welcome contribution to the study of the development of scholastic thought on (...) the subject of human nature. Schumacher’s work explores the various facets of theological anthropology in the first half of the thirteenth century by focusing primarily on scholars belonging to the Franciscan Order such as Philip the Chancellor, Alexander of Hales, and William of Auvergne, as well as early Dominican scholars such as Roland of Cremona and Hugh of St. Cher. Of central focus in the study is John of La Rochelle, whom the author notes “was the only member of his generation to deal robustly and comprehensively” with not only traditional questions on the soul but also matters of philosophy that had previously been considered beyond the purview of the theologian, topics that included the processes of the body and the psychological makeup of the human being. In addition, John was among the first to embrace the newly translated Arabic sources into his work, most notably the writings of Avicenna.The work is divided into eleven chapters, the first four of which provide a theological background on various authors and their views on the relation between the body and soul and the powers of the soul. The fifth and sixth chapters focus on two works of John of La Rochelle, the Tractatus and the Summa de anima, followed by a study of the reception of Averroes in the first half of the thirteenth century. The work concludes with chapters on the cognitive powers, the affections, free choice, and angels. Schumacher’s study is thorough, providing robust examinations of the individuals and topics, even those who are not central to the study, such as Roland of Cremona and Guerric of St. Quentin. [End Page 161]The book is well written and clearly elucidates the complex schemas of the topics at hand, particularly the nature of the intellect. This is particularly evident in the middle chapters, which examine the ideas of John of La Rochelle, in whose works one finds a multifaceted account of the human intellect. In addition, Schumacher notes an interesting facet of John’s view of cognition, according to which “the mind ‘predetermines’ or influences its understanding of the world.” Thus John’s theory of the act of human rationality, as Schumacher summarizes it, is “arguably achieved at the level of perception, and perception, in turn, is permeated and guided by reason’s quest to know the ‘thing in itself’ apart from matter.” John’s view is then briefly compared to that of William of Auvergne, who argued that perception is “virtually irrelevant” for human understanding. This comparison underscores the rifts that took place during the development of early thirteenth-century thought regarding the nature and function of the intellect as it underwent a profound change from traditionally Augustinian ideas to attempts to reconcile the former with the ideas found in the newly available works of Aristotle and his Arab commentators, namely, Avicenna.The only criticism one might have is that, at times, the chapters seem out of order. For example, after the two chapters that deal extensively with the works of John of La Rochelle, the following chapter is “The Reception of Averroes in Early Scholasticism,” which examines the possible sources “of the three-fold intellectual schema” that is found in John of La Rochelle’s works. Possible sources include not only Averroes but also Aristotle and Alexander of Aphrodisias, as well as two anonymous works that John knew and utilized. The chapter itself is presented effectively but makes the work feel somewhat disjointed. On occasion, readers might also find themselves wondering if Schumacher uses John of La Rochelle as a primary example of Franciscan thought in the early thirteenth century, or if the book is indeed about him, and the other figures are considered only to better explain John’s preceding and current... (shrink)

In this long awaited volume, John Marshall invites us to reconsider Rene Descartes as an ethicist.

The shift from a welfarist to a retributivist perspective on crime, which is one of the themes of David Garland?s book, has brought with it a renewed emphasis on the victims of crime and their rights. This shift in emphasis, I suggest, raises questions about the way we think of the relationship between individual citizens and between citizens and the state. Different political theories will produce different accounts of this relationship and hence different ways of characterising the status and role (...) of victims in the criminal process. In this paper then I sketch a roughly communitarian view of the citizen relationship as a context for an account of the status of victims. Thus, I argue, we need to consider not just the expectations that victims rightly have that they have rights which should to be recognised in the criminal process but also their duties as participants. Duties which require them to bear witness in calling offenders to account. This gives victims an active role in the criminal process but one that may come at a price since it might require victims to be subjected to greater scrutiny in the process of a criminal trial than they might find bearable. (shrink)

Men's interest in sex partners' status traits and commitment (investment thoughts) declines with number of sex partners and permissiveness of attitudes; women's investment thoughts do not seem to decline. Testosterone, dominance, sexual attractiveness, and number of sex partners are correlated in men but not in women. It is plausible that these sex differences are part of sexually dimorphic feedback systems. This type of feedback is consistent with both reciprocal and basal models of testosterone.

This article analyses the constitutional crisis that was triggered in Chile by the events of 18 October 2019. The purpose is to explain the link between the constitution and social unrest and to explore whether a constituent process, such as the one designed in Chile, has the potential to address the unrest that produced it. The failed experience of Bachelet’s constituent process and the Latin American reform processes of the last thirty years show the threats and challenges of the future (...) Chilean constitution. (shrink)

This book is a major intellectual and cultural history of intolerance and toleration in early modern and early Enlightenment Europe. John Marshall offers an extensive study of late seventeenth-century practices of religious intolerance and toleration in England, Ireland, France, Piedmont and the Netherlands and the arguments that John Locke and his associates made in defence of 'universal religious toleration'. He analyses early modern and early Enlightenment discussions of toleration, debates over toleration for Jews and Muslims as well (...) as for Christians, the limits of toleration for the intolerant, atheists, 'libertines' and 'sodomites', and the complex relationships between intolerance and resistance theories including Locke's own Treatises. This study is a significant contribution to the history of the 'republic of letters' of the 1680s and the development of early Enlightenment culture and is essential reading for scholars of early modern European history, religion, political science and philosophy. (shrink)

This book covers all aspects of the disorder, from an historical survey of research to date, through the nature and anatomical bases of neglect, and on to review contemporary theories on the subject.

A major account of the development of the political, religious, social and moral thought of John Locke.

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