The paper offers a new account of the rule of law, revising my previous view, and criticising some alternatives. It focuses on the rule of law's aim to avoid arbitrary government, and on its relation to the essential functions of government. The rule of law requires that government action will manifest an intention to protect and advance the interests of the governed. As such it is almost a necessary condition for the law's ability to meet other moral demands, and it (...) facilitate coordination and cooperation internally and internationally. -/- . (shrink)

This book, first published in 1991, offers an integrative approach to the study of formal models in the social and behavioural sciences. The theory presented here unifies both the representation of the social environment and the equilibrium concept. The theory requires that all alternatives that are available to the players be specified in an explicit and detailed manner, and this specification is defined as a social 'situation'. A situation, therefore, not only consists of the alternatives currently available to the players, (...) but also includes the set of opportunities that might be induced by the players from their current environment. The theory requires that all recommended alternatives be both internally and externally stable; the recommendation cannot be self-defeating and, at the same time, should account for alternatives that were not recommended. In addition to unifying the representation and the solution concept, the theory also extends the social environments accommodated by current game theory. (shrink)

_Strategies of Deconstruction _ was first published in 1991. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. In the past two decades, the "movement" of deconstruction has bad tremendous impact on a number of academic, disciplines in the United States. However, its force has been rather limited in the field of philosophy, despite the fact that in Europe the practice of deconstruction emerged in (...) the work of philosophers. Although the reasons for this can be debated, two of the more obvious explanations are the mainstream Anglo-American philosophers rarely studied the German and French philosophical traditions in great detail, and deconstruction's focus on discourse and interpretation has made it more attractive to the literary and humanistic disciplines. With this context, _Strategies of Deconstruction _ focuses on the early work of Jacques Derrida, the French philosopher who introduced deconstruction in _Speech and Phenomena_,his study of Edmund Husserl, and _Of Grammatology_, and whose philosophical reputation stems in no small part from his work on Husserl. In examining the philosophical import of Derrida's theories of reading, text, and language, specifically as they related to _Speech and Phenomena_,J. Claude Evans makes careful reference to Husserl's own texts. His analysis indicates that there are many systematic irregularities in Derrida's study and that without those irregularities Derrida's conclusions cannot be substantiated. (shrink)

In Morals and Medicine a leading Protestant theologian comes to grips with the problems of conscience raised by new advances in medical science and technology. They arise as issues at the start or making of a life, in preserving its health, and in facing its death. They are the problems of Everyman: some are new problems of conscience, such as artificial insemination; some are old problems in new dimensions, such as euthanasia. Modern medicine provides such a high degree of control (...) over health and vital processes that men must inevitably shoulder the burden of intelligent decision, and shoulder it as rationally as possible. Thus far, only Roman Catholic moralists have worked out a coherent ethics of medical care. Morals and Medicine is a new and independent analysis of the morals of life and death, striking out along the line of the values of personality rather than of mere physiological life itself. It offers a modern and at the same time Christian concept of right and wrong for all who are involved: the patient, the doctor and nurse, the pastor, and the family and friends. Originally published in 1954. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

GRAF PAUL YORCK VON WARTENBURG I Origin of Contemporary Philosophy i . The Nineteenth Century a. the nature and growth of modern philosophy Modern ...

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection -- The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

Early Buddhist texts were first being composed and compiled during South Asia’s Iron Age, and thus contain many references to iron and other metal technologies. This article examines one metalworking image that came to play a special role in the imagination of early Buddhists: the red-hot iron ball. I argue that the iron ball, which comes to be a torture device in hell, force-fed by hell wardens, is a mimesis of the pi??ap?ta, or almsfood offered to monks and nuns by (...) the laity. Around iron ball imagery clusters a set of related Buddhist concerns: anxieties about undisciplined and deceitful monks and nuns, especially in relation to taking alms; the public perception of the sa?gha; the conceptualization of Buddhist hells as an unfortunate karmic result of lacking discipline; and the relationship between these hells and Indian juridical forms of punishment. (shrink)

BackgroundBioethics and law distinguish between the practices of "physician-assisted death" and "allowing the patient to die."DiscussionAdvances in biotechnology have allowed medical devices to be used as destination therapy that are designed for the permanent support of cardiac function and/or respiration after irreversible loss of these spontaneous vital functions. For permanent support of cardiac function, single ventricle or biventricular mechanical assist devices and total artificial hearts are implanted in the body. Mechanical ventilators extrinsic to the body are used for permanent support (...) of respiration. Clinical studies have shown that destination therapy with ventricular assist devices improves patient survival compared to medical management, but at the cost of a substantial alteration in end-of-life trajectories. The moral and legal assessment of the appropriateness and permissibility of complying with a patient's request to electively discontinue destination therapy in a life-terminating act in non-futile situations has generated controversy. Some argue that complying with this request is ethically justified because patients have the right to request withdrawal of unwanted treatment and be allowed to die of preexisting disease. Other commentators reject the argument that acceding to an elective request for death by discontinuing destination therapy is 'allowing a patient to die' because of serious flaws in interpreting the intention, causation, and moral responsibility of the ensuing death.SummaryDestination therapy with cardiac and/or ventilatory medical devices replaces native physiological functions and successfully treats a preexisting disease. We posit that discontinuing cardiac and/or ventilatory support at the request of a patient or surrogate can be viewed as allowing the patient to die if--and only if--concurrent lethal pathophysiological conditions are present that are unrelated to those functions already supported by medical devices in destination therapy. In all other cases, compliance with a patient's request constitutes physician-assisted death because of the pathophysiology induced by the turning off of these medical devices, as well as the intention, causation, and moral responsibility of the ensuing death. The distinction between allowing the patient to die and physician-assisted death is pivotal to the moral and legal status of elective requests for death by discontinuing destination cardiac and/or ventilatory medical devices in patients who are not imminently dying. This distinction also represents essential information that must be disclosed to patients and surrogates in advance of consent to this type of therapy. (shrink)

Divine commands are typically held, by theists, to be made not only at the foundations of morality, but also in an 'everyday' setting, when there are already moral considerations applicable to the addressee(s). My aim is to show how a particular command could relate to these pre-existing moral considerations, if it is more than just a repetition of them. If it is right that an action be obligatory, wrong or supererogatory, why would God want to change its status? Anyone can (...) make a normative difference by giving information, making co-ordination proposals, or transferring rights, and it is clear why these actions will sometimes by worthwhile. The problem must be focused on when God makes a moral difference directly, using a 'special moral authority', when His commands are efficacious qua commands. Using this authority, God can perfect imperfect duties, which may make it easier to carry them out. He can extend duties, to make sure more value is produced. He can allocate sacrifices, which can be carried by anyone. And He can resolve conflict games, to everyone's benefit. This explains why God should issue commands in the way that theists typically represent him as doing. (shrink)

Thorstein Veblen is perhaps best thought of as America’s answer to Karl Marx. This is sometimes obscured by the rather unfortunate title of his most important work, The Theory of the Leisure Class (1899), which misleading, insofar as it suggests that the book is just a theory of the “leisure class.” What the book provides is in fact a perfectly general theory of class, not to mention property, economic development, and social evolution. It is, in other words, a system of (...) theory that rivals Marx’s historical materialism with respect to scope, generality and explanatory power. Furthermore, it is a system of theory whose central predictions, with respect to the development of capitalism and the possibilities for emancipatory social change, have proven to be essentially correct. When stacked up against Marx’s prognostications, this success clearly provides the basis for what might best be described as an invidious comparison. (shrink)

Confirms the importance of literature in Derrida’s development of a postmodern ethics.