This is the first book that attempts to analyze and define the metholodology and values of contemporary accounts of adjudication, which can be divided into orthodox philosophies on the one hand and heretical accounts on the other. The author offers an incisive and original analysis of how these supposedly incompatible accounts actually differ.

In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.

This review article discusses the various conceptions of the legal person delineated and evaluated in Ngaire Naffine's recent book, Law's Meaning of Life. The article argues that, of the four conceptions Naffine examines, her treatment of one—the rationalist legal person—is perhaps the most problematic. The primary problem is an exaggeration of both the power and range of the rationalist legal person. This problem is not insignificant. However, the book as a whole is a lively and stimulating example of legal philosophy (...) that is engaged with general questions about the nature of law, while also being rooted in historic and contemporary features of particular legal systems. It is a contribution to jurisprudence which both strives to be, and actually succeeds in being, interesting. (shrink)

Hobbes' philosophy is one of the high points of a century of great philosophical achievement and Leviathan is recognized as one of the great classics of political theory. But the response from Hobbes's contemporaries to his secular analysis of society demonstrated the challenging nature of his ideas. This collection of many of the major contemporary responses to his thought by leading figures, mostly never republished, provides an outstanding source for assessing his immediate impact and the long-term importance of his work.

This essay addresses a version of Jerome Frank’s question – ‘Are Judges Human?’ – asking instead: are human judges necessary? It begins, in section II, by outlining the technological developments which inform the view that they are not and critically evaluates the juristic position that seemingly endorses it. That position is labelled ‘technological evangelism’ and it consists of three claims about law and adjudication: the certainty, determinacy and partiality claims. Section III shows that these three claims are utterly incompatible with (...) what it calls standard and non-standard views of adjudication and law, while section IV considers some ways in which proponents of technological evangelism might try to reject standard and non-standard views. That section concludes that no plausible efforts have so far been made by technological evangelists to reject standard and non-standard views, and that those views therefore maintain their existing explanatory and normative priority. The overall conclusion of the essay is that technological evangelism is not a critical explanatory and normative engagement with law and adjudication as we know them, but an effort to replace them: not a game-changing intervention, but a game-ending one. (shrink)

EspañolLa iconografía de los tribunales de todo el mundo está dominada por la imagen de la Justicia. Casi invariablemente sostiene balanzas y una espada y a menudo tiene los ojos vendados porque, por supuesto, la justicia es ciega. Pero no del todo. Cuando nosotros, los destinatarios de la ley, nos encontramos en la sala del tribunal frente a la sentencia, o leemos el copioso y complejo cuerpo de "lo que se debe y lo que no se debe hacer" en materia (...) jurídica según la legislación, en las sentencias judiciales y en nuestros libros de texto jurídicos, una cosa se hace evidente: la ley no está interesada en todos los aspectos de nuestro carácter, nuestra conducta y nuestro contexto.InglésCourthouse iconography around the world is dominated by the image of Justitia. She almost invariably holds scales and a sword and she is often blindfolded because, of course, justice is blind. But not quite. Or so I argue in Law’s Judgement. For when we —the addressees of the law— stand in the court room facing judgement, or read the copious and complex body of juristic ‘do’s and don’ts’ we find in statutes, court judgements and in our legal textbooks, one thing becomes obvious: the law is certainly not interested in every aspect of our character, conduct and context.FrancésL'iconographie des tribunaux du monde entier est dominée par l'image de la justice. Presque invariablement, elle tient une balance et une épée et a souvent les yeux bandés parce que, bien sûr, on sait que la justice est aveugle, mais pas tout à fait. Lorsque nous, les destinataires de la loi, nous trouvons dans la salle d'audience face à la sentence, ou lisons le corpus copieux et complexe de "ce qui devrait être fait et ce qui ne devrait pas être fait" en matière juridique selon la législation, chez les décisions de justice et de nos manuels juridiques, une chose devient claire : la loi ne concerne pas tous les aspects de notre caractère, de notre conduite ni de notre contexte.PortuguésA iconografia dos tribunais do mundo todo é dominada pela imagem da Justiça. Quase invariavelmente, ele segura uma balança e uma espada e, muitas vezes, está com os olhos vendados porque, é claro que a justiça é cega, mas não exatamente. Quando nós, destinatários da lei, nos encontramos na sala do tribunal face à sentença, ou lemos o copioso e complexo corpo do "que deve e o que não deve ser feito" em matéria jurídica de acordo com a legislação, nas decisões judiciais e de nossos livros jurídicos, uma coisa fica clara: a lei não se preocupa com todos os aspectos de nosso caráter, nossa conduta nem nosso contexto.Chino全世界法官的肖像画以正义形象为主导。他几乎总是拿着天平和利剑，而且常常蒙着眼睛，当然因为正义是盲目的，但并不总是如此。当我们（法律的接受者）发现自己面对法庭的判决，或者阅读 法律中有关法律事项如“应该做什么和不应该做什么”的充实而复杂的内容时，从法院的裁决和我们的法律教科书中，有一件事情日趋清楚：法律对我们品格，行为和背景的所有方面都并不感兴趣。. (shrink)

Law's Judgement elucidates and defends a feature of contemporary law that is currently either overlooked or too glibly dismissed as morally troublesome or historically anachronistic. That feature is the abstract nature of law's judgement and its three components show that, when law judges us, it often does so in ignorance of our particular characters and abilities, on the one hand, and in ignorance of our context and circumstances, on the other. Law's judgement is thus insensitive to all or much that (...) makes us the particular people we are. The book explores various connections between this mode of judgement and some of our most important legal and political values. It shows that law's abstract judgement is closely related to important juristic conceptions of personhood, responsibility and impartiality, and that these notions are not without moral significance. The book also examines the connections between modern law's judgement and three of our most important political values, namely, dignity, equality and community. It argues that, if we value particular conceptions of dignity, equality and community, then we must also value law's judgement. Illuminating these connections therefore serves a double purpose: first, it makes a case against those who counsel liberation from law's abstract judgement and, second, it redirects attention to the task of morally evaluating law's abstract judgement in its own terms. (shrink)

This article tackles two issues: the nature of law's judgment and what, if anything, might be said in its favour. As to the first issue, the article reminds lawyers of the obvious, namely, that law's judgment is abstract, elucidating both what this entails and why it may be thought problematic. The main burden of the article is to consider what might be said in favour of law's abstract judgment. Only one family of arguments, part of a wider but still not (...) all-encompassing class, are considered here: arguments from the rule of law ideal. Three different arguments from the rule of law are examined, the conclusion being that two of three cannot provide unproblematic and unambiguous support for law's abstract judgment. (shrink)

This essay addresses a version of Jerome Frank’s question – ‘Are Judges Human?’ – asking instead: are human judges necessary? It begins, in section II, by outlining the technological developments which inform the view that they are not and critically evaluates the juristic position that seemingly endorses it. That position is labelled ‘technological evangelism’ and it consists of three claims about law and adjudication: the certainty, determinacy and partiality claims. Section III shows that these three claims are utterly incompatible with (...) what it calls standard and non-standard views of adjudication and law, while section IV considers some ways in which proponents of technological evangelism might try to reject standard and non-standard views. That section concludes that no plausible efforts have so far been made by technological evangelists to reject standard and non-standard views, and that those views therefore maintain their existing explanatory and normative priority. The overall conclusion of the essay is that technological evangelism is not a critical explanatory and normative engagement with law and adjudication as we know them, but an effort to replace them: not a game-changing intervention, but a game-ending one. (shrink)

This article draws on an empirical investigation of how Australia’s cervical screening program came to be the way it is. The study was carried out using grounded theory methodology and primarily uses interviews with experts involved in establishing, updating or administering the program. We found strong differences in experts’ normative evaluations of the program and beliefs about optimal ways of achieving the same basic outcome: a reduction in morbidity and mortality caused by invasive cervical cancer. Our analysis demonstrates how variations (...) in values and preferences associated with key concepts underpinning public health such as benefit, harm and burden led to different perspectives on the purpose of an organized cervical screening program. These variations were largely driven by different bases of professional experience. Differently conceived purposes in turn led to conflict over how the program should be operationalized. Following Frith’s model of empirical bioethics, the results of the study both draw on and inform the existing public health and screening ethics literature. (shrink)

The demonstration that pluripotent stem cells could be generated by somatic cell reprogramming led to wonder if these so-called induced pluripotent stem (iPS) cells would extend our investigation capabilities in the cancer research field. The first iPS cells derived from cancer cells have now revealed the benefits and potential pitfalls of this new model. iPS cells appear to be an innovative approach to decipher the steps of cell transformation as well as to screen the activity and toxicity of anticancer drugs. (...) A better understanding of the impact of reprogramming on cancer cell-specific features as well as improvements in culture conditions to integrate the role of the microenvironment in their behavior may strengthen the epistemic interest of iPS cells as model systems in oncology. (shrink)

To study how religiosity affects family business goals, we merge literatures on goal setting, temporal orientation, and family business to argue that family business goals can be distinguished into short-term and long-term orientations and propose that religiosity affects both orientations, but to varying degrees. Drawing on a sample of private U.S. family businesses and applying partial least squares structural equations modeling, we find tentative support that religiosity has a stronger positive effect on long-term goal orientation than on short-term goal orientation. (...) We discuss implications for theory development and future research involving religiosity and family business goals. (shrink)

The ethical decision making process behind the treatment of missing data has yet to be examined in the research literature in any discipline. The purpose of the current paper is to begin to discuss this decision-making process in view of a Foucauldian framework. The paper suggests how the ethical treatment of missing data should be considered from the adoption of this theoretical framework.

The situation and human rights of people living with HIV and AIDS were explored through focus groups in five African countries (Lesotho, Malawi, South Africa, Swaziland and Tanzania). A descriptive qualitative research design was used. The 251 informants were people living with HIV and AIDS, and nurse managers and nurse clinicians from urban and rural settings. NVivo™ software was used to identify specific incidents related to human rights, which were compared with the Universal Declaration of Human Rights. The findings revealed (...) that the human rights of people living with HIV and AIDS were violated in a variety of ways, including denial of access to adequate or no health care/services, and denial of home care, termination or refusal of employment, and denial of the right to earn an income, produce food or obtain loans. The informants living with HIV and AIDS were also abused verbally and physically. Country governments and health professionals need to address these issues to ensure the human rights of all people. (shrink)

Population-level biomedical research offers new opportunities to improve population health, but also raises new challenges to traditional systems of research governance and ethical oversight. Partly in response to these challenges, various models of public involvement in research are being introduced. Yet, the ways in which public involvement should meet governance challenges are not well understood. We conducted a qualitative study with 36 experts and stakeholders using the World Café method to identify key governance challenges and explore how public involvement can (...) meet these challenges. This brief report discusses four cross-cutting themes from the study: the need to move beyond individual consent; issues in benefit and data sharing; the challenge of delineating and understanding publics; and the goal of clarifying justifications for public involvement. The report aims to provide a starting point for making sense of the relationship between public involvement and the governance of population-level biomedical research, showing connections, potential solutions and issues arising at their intersection. We suggest that, in population-level biomedical research, there is a pressing need for a shift away from conventional governance frameworks focused on the individual and towards a focus on collectives, as well as to foreground ethical issues around social justice and develop ways to address cultural diversity, value pluralism and competing stakeholder interests. There are many unresolved questions around how this shift could be realised, but these unresolved questions should form the basis for developing justificatory accounts and frameworks for suitable collective models of public involvement in population-level biomedical research governance. (shrink)

A growing body of literature critical of ethics review boards has drawn attention to the processes used to determine the ethical merit of research. Citing criticism on the bureaucratic nature of ethics review processes, this literature provides a useful provocation for (re)considering how the ethics review might be enacted. Much of this criticism focuses on how ethics review boards _deliberate,_ with particular attention given to the lack of transparency and opportunities for researcher recourse that characterise ethics review processes. Centered specifically (...) on the conduct of ethics review boards convened within university settings, this paper draws on these inherent criticisms to consider the ways that ethics review boards might enact more communicative and deliberative practices. Outlining a set of principles against which ethics review boards might establish strategies for engaging with researchers and research communities, this paper draws attention to how _Deliberative communication_, _Engagement with researchers_ and the _Distribution of responsibility_ for the ethics review might be enacted in the day-to-day practice of the university human ethics review board. This paper develops these themes via a conceptual lens derived from Habermas’ (The theory of communicative action. Volume 1: Reason and the rationalization of society, 1984 ) articulation of ‘communicative action’ and Fraser’s (Social Text, 25(26), 56–80, 1990 ) consideration of ‘strong publics’ to cast consideration of the role that human ethics review boards might play in supporting university research cultures. _Deliberative communication_, _Engagement with researchers_ and the _Distribution of responsibility_ provide useful conceptual prompts for considering how ethics review boards might undertake their work. (shrink)

In this paper James’s pluralism is examined in light of his critiques of ‘intellectualism’ and monistic idealism in order to elucidate his relationship to Hegel. Contrary to the strong anti-Hegelianism found throughout the writings of James, Hegel’s dialectic and speculative logic are able to give a rational account of the continuity of objects and relations within experience that James struggled to articulate in A Pluralistic Universe. Neither James nor Hegel is an absolute pluralist or monist due to the interdependence of (...) the concepts of unity and plurality, aptly described by Hegel in his Logic, and alluded to by James in various places throughout his work. Thus, the ambiguity of the nature of James’s pluralism previously noted by scholars is explained, and the relevance of Hegel and dialectic for pragmatist theory is elucidated. (shrink)

William Barnes' reputation as one of the pre-eminent British "dialect" poets, the equal of Robert Burns and John Clare, is being increasingly recognized. The range of his writings is extraordinary as evidenced by the contents of this collection, which includes works on etymology, philology, topography, mathematics, ancient history and economics. This collection displays the full diversity of Barnes' considerable intellect. Included are major and lesser-known works, biographical pieces by Thomas Hardy, and the biography by his daughter, Lucy Baxter.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This chapter reviews three of the most consequential works in modern European philosophy published in 2017: Étienne Balibar’s Citizen Subject, Nick Nesbitt’s edited volume The Concept in Crisis, and William Clare Roberts’s Marx’s Inferno. These works reflect the fact that 2017 witnessed an upsurge of philosophical publications on Marx and Marxism. On one level, this is because 2017 was simultaneously the 150-year anniversary of the publication of the first volume of Marx’s Capital and the 100-year anniversary of the Russian (...) Revolution. Yet on another, more substantial, level, these works point to the enduring question of the meaning of ‘Marxist philosophy’ in its dual, and disputed, relationship to transformative political practice, on the one hand, and to the history of philosophy on the other. There are different threads that tie these works together, but two concepts, coming out of Louis Althusser’s work, stand out: those of ‘conjuncture’ and ‘symptomatic reading’. In short, this chapter suggests that the importance of modern European philosophy is in large part attributable to the theoretical and political problems that Marxism constitutes for it, problems which, at the same time, Marxism cannot articulate without this philosophy. The chapter is divided into five sections: 1. Introduction; 2. Writing and Conjuncture: Citizen Subject; 3. A Symptomatic Reading: The Concept in Crisis; 4. A Symptomatic Reading? Marx’s Inferno; 5. Conclusion. (shrink)

The situation and human rights of people living with HIV and AIDS were explored through focus groups in five African countries . A descriptive qualitative research design was used. The 251 informants were people living with HIV and AIDS, and nurse managers and nurse clinicians from urban and rural settings. NVivo™ software was used to identify specific incidents related to human rights, which were compared with the Universal Declaration of Human Rights. The findings revealed that the human rights of people (...) living with HIV and AIDS were violated in a variety of ways, including denial of access to adequate or no health care/services, and denial of home care, termination or refusal of employment, and denial of the right to earn an income, produce food or obtain loans. The informants living with HIV and AIDS were also abused verbally and physically. Country governments and health professionals need to address these issues to ensure the human rights of all people. (shrink)

This article considers the charge that citizens of developed societies are complicit in large-scale harms, using climate destabilisation as its central example. It contends that we have yet to create a lived morality – a fabric of practices and institutions – that is adequate to our situation. As a result, we participate in systematic injustice, despite all good efforts and intentions. To make this case, the article draws on recent discussions of Kant’s ethics and politics. Section 1 considers Tamar Schapiro’s (...) account of how otherwise decent actions can be corrupted by others’ betrayals, and hence fall into complicity. Section 2 turns to discussions by Christine Korsgaard and Lucy Allais, which highlight how people can be left without innocent choices if shared frameworks of interaction do not instantiate core ideals. Section 3 brings these ideas together in order to make sense of the charge of complicity in grave collective harms, and addresses some worries that the idea of unavoidable complicity may raise. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Bibliography of the New Rhetoric ProjectDavid A. Frank and William DriscollScholars do not have access to a complete bibliography of the new rhetoric project. We have redressed this problem by compiling what we believe is the most comprehensive bibliography to date of the works of Chaïm Perelman and of those he coauthored with Lucie Olbrechts-Tyteca. The bibliography includes all the English and French titles, as well as (...) titles that saw first publication in other languages. Translations we believe Perelman may have authorized or endorsed are included.With this bibliography, scholars can now better understand how the new rhetoric project was conceived and how it unfolded. Within the larger constellation of the project, Perelman's bibliography is the most extensive, numbering almost three hundred entries. The trajectory of Perelman's scholarship reveals the origins of the new rhetoric project and how it evolved between the time of his announcement in 1949 that he and Olbrechts-Tyteca had embarked on a program designed to rehabilitate reason and the period of his final articles in the 1980s. A review of the articles and books that came out of the Perelman and Olbrechts-Tyteca collaboration reveals both a phase of conceptualization and development of the project and a phase of culmination. In the first phase, commencing with Rhétorique et philosophie, the authors established the need for a rhetorically grounded philosophy. As they built toward the publication of the Traité, [End Page 449] the culmination of their ten-year effort, they wrote articles elaborating on "notions" in argumentation (1955) and on the tenets of the "new rhetoric" (1956). In 1958, the year the Traité appeared, they published articles on classical and romantic loci in argumentation and on time in argumentation. With the exception of a 1983 tribute to the theorist Pareto, they did not write together after 1958 but instead pursued separate lines of research out of their collaboration. A significant number of theses entries rehearse and embellish notions introduced between 1947 and 1958, the years of the genesis, development, and culmination of Chaïm Perelman and Lucie Olbrechts-Tyteca's new rhetoric project.AbbreviationsChALe champ de l'argumentationDMPDroit, morale, et philosophieEDEthique et droitIJPAThe Idea of Justice and the Problem of ArgumentJLAJustice, Law, and Argument: Essays on Moral and Legal ReasoningNRHThe New Rhetoric and the Humanities: Essays on Rhetoric and Its ApplicationsJJusticeJRJustice et raisonRPRhétorique et philosophie pour une théorie de l'argumentation en philosophieBibliography1931 "Esquisse d'une logistique des valeurs." Revue de l'Université de Bruxelles 36 (3–4): 486–96. Google Scholar1932 "A propos de la philosophie de M. Dupréel." Revue de l'Université de Bruxelles 37 (3): 385–99. Google Scholar1933 "De l'arbitraire dans la connaissance." Archives de la Société belge de philosophie 5 (3): 5–44. Google Scholar"Le statut social des jugements de vérité." Revue de l'Institut de sociologie 13 (1): 17–23. Google Scholar1935 "Réflexions sur l'assimilation." La tribune Juive 12:51–52. [End Page 450]Google Scholar1936 "L'antinomie de M. Gödel." Bulletins de l'Académie royale des sciences, des lettres et des beaux-arts de Belgique 22 (6): 730–36. Google Scholar"Les paradoxes de la logique." Mind 45 (178): 204–8. Google Scholar1937 "L'équivalence, la définition et la solution du paradoxe de Russell." L'enseignement mathématique 36 (5–6): 350–56. Google Scholar"Metafizyka fregego." Kwartalnik filozoficzny 12 (2): 121–42. Google Scholar"Réponse à MM. Grelling et Beth." Mind 46 (182): 278–79. Google Scholar"Une solution des paradoxes de la logique et ses conséquences pour la conception de l'infini." In Congrès Descartes: IXe Congrès international de philosophie, 6:206–10. Paris: Hermann. Google Scholar1938 "Etude sur Frege." PhD diss., Université Libre de Bruxelles.1939 "Etude sur Gottlob Frege." Revue de l'Université de Bruxelles 44 (2): 224–27. Google Scholar"De logica en het vrije onderzoek." Revue de l'Université de Bruxelles 44 (2): 209–19. Google Scholar"La morale des forts et la morale... (shrink)

Español¿Es la abstracción de la ley, del contexto, de las necesidades, las capacidades, las virtudes o los vicios de personas concretas, algo de valor moral? Lucy responde en sentido positivo y muestra cómo el juicio abstracto de la ley (LAJ) está conectado con tres concepciones particulares de dignidad, igualdad y comunidad. En esta pieza, me enfoco en la igualdad por encima de los otros valores. Primero voy a dar una breve visión general del libro. Luego, señalaré lo que considero (...) las contribuciones más significativas. Más tarde, haré tres preguntas para que podamos ilustrar más puntos del libro y entablar una discusión crítica.InglésIs the law’s abstraction from context, needs, abilities, virtues or vices of particular persons something morally valuable? Lucy answers in the positive and shows how Law’s abstract judgement (LAJ) is connected with three particular conceptions of dignity, equality, and community. In this piece, I focus on equality over the other values. In the rest of this paper, first I am going to provide a brief overview of the book. Then, I will point out what I consider to be the most significant contributions of the book regarding the connection between Law’s abstract judgment and equality. Later, I will ask three questions so we can illustrate further points of the book and engage in a critical discussion of LJ.FrancésL'abstraction de la loi, du contexte, des besoins, des capacités, des vertus ou des vices de personnes spécifiques est-elle quelque chose de valeur morale? Lucy répond dans le sens positif et montre comment le jugement abstrait de la loi (LAJ, par son acronyme en anglais) est lié à trois conceptions particulières de la dignité, de l'égalité et de la communauté. Dans cet article, je me concentre sur l'égalité au-dessus de toutes les autres valeurs. D'abord, je vais donner un bref aperçu du livre. Ensuite, je soulignerai ce que je considère comme les contributions les plus importantes. Plus tard, je poserai trois questions afin que nous puissions illustrer plus de points du livre et engager une discussion critique.PortuguésA abstração da lei, do contexto, das necessidades, capacidades, virtudes ou vícios de pessoas específicas, é uma questão de valor moral? O Lucy responde no sentido positivo e mostra como o processo abstrato da lei (LAJ, pelo acrônimo em inglês) está conectado com três concepções particulares de dignidade, igualdade e comunidade. Nesta peça, meu foco está na igualdade acima de todos os outros valores. Primeiramente, vou dar uma breve visão geral do livro. Em seguida, destacarei as que considero as contribuições mais significativas. Posteriormente, farei três perguntas para que possamos ilustrar mais pontos do livro e iniciar uma discussão crítica.Chino将特定人群的法律，背景，需求，能力，美德或弊端进行抽象化是否具有道德价值？露西以积极的态度回应，并展示了法律的抽象判断（LAJ）如何与尊严，平等和社交这三个特定概念联系在一起 。在本文中，我将重点放在平等上。首先，我将简要介绍这本书。然后，我将指出我认为本书最重要的贡献。稍后，我会问三个问题以便我们了解书中的更多要点并进行重要讨论。. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:William Wordsworth and the Hermeneutics of IncarnationEdwin SteinWilliam Wordsworth and the Hermeneutics of Incarnation, by David P. Haney; xiii & 269 pp. University Park: Pennsylvania State University Press, 1993, $35.00.To the English Romantic poets, David Haney notes, the world seemed to have died at the hands of Enlightenment rationalism by being made merely a referent of transpicuous representational sign-systems. One of their fundamental projects was to reanimate (...) it, and Wordsworth committed himself to an animating poetics, incarnational in concept. Haney quotes the Wordsworthian incarnational locus classicus, the third “Essay Upon Epitaphs”: “If words be not... an incarnation of the thought but only a clothing for it, then surely will they prove an ill gift;... Language, if it do not uphold, and feed,... is a counter-spirit unremittingly and noiselessly at work to derange, to subvert, to lay waste, to vitiate, and to dissolve” (p. 1). He conjoins Wordsworth’s statement in a note to “The Thorn” that words should seize us “not as symbols of the passion, but as things, active and efficient, which are themselves part of the passion” (p. 24). “Incarnational” is not further defined directly, though we are told that it characterizes a poetic practice, “a philosophically and theologically important concept embedded [in our cultural] heritage,” and a theoretical orientation that acts “against the very idea of a ‘theory’” (p. 4). Haney draws principally from Gadamer, Lévinas, Cavell, Geoffrey Hartman, and Charles Taylor to explore through philosophical argumentation the ways in which Wordsworth incorporated, elaborated, problematized, and even betrayed these aspects of the incarnational process in his work.One of Haney’s concerns is to show how reading through the lens of incarnational poetics helps us see that Wordsworth incorporated historicity rather than suppressing it, as he is often accused of doing these days. Another is to demonstrate that deconstructive analysis, new-historical critique, and the secularized-Protestantism approach of M. H. Abrams are each inadequate to account for the hermenuetics of this poetics, because it resists and finesses the drive to create the transparent representational structures on which these critics focus. In his incarnational mode, his poetic thought aims not at realizing allegorized abstract truth but at presenting kerygmatically what is instantiated by incarnation as event; thought becomes materially existent without being changed into something else. Incarnational poetics thus acts to counter the binary oppositions (presence/absence, body/spirit, divine/human, etc.) on which both Enlightenment and Romantic discourse relied (the latter reversing the values), and defeats the binarism-dependent drive toward pure self-consciousness that always gets entangled in solipsism and semiological webs. Incarnating thought opens it to the historical process in the sense of Gadamer’s wirkungsgeschichtliches Bewusstsein: incarnation is not embodiment or an “ideal effacement of the difference between word and referent, but rather a process of spirit becoming event”; and words thereby become “things and events... which must enter the realm of mortality” (p. 19). [End Page 138]Haney links this confrontation of mortality to both Cavell’s idea of skeptical acknowledgment of the mortal other replacing knowledge and Lévinas’ conception of a preontological “saying” that dialogically makes us responsible for the other but must die into the “said” to be understood. These connections allow him to enlarge brilliantly our understanding of The Prelude, Book 5, and the “Lucy poems.” Here words achieve visionary power not by a symbolic link to transcendence but “by allowing themselves to be interrupted by that which is absolutely other, and therefore ‘infinite’ in Levinas’ sense” (p. 87). Haney extends this and related insights in a chapter on the final books of The Prelude that shows, among other things, how its figural structures for the autobiographical self begin to break down and are replaced by tropological performatives. These lead away from a systematic code of representation but allow recuperation through the “dialogue” with Coleridge, a non-totalizing process of closure that by linking the autobiographical self to the extratextual self opens the poem to a “range of projective sympathies” (Charles Altieri, quoted in Haney, p. 137).Haney also explores how the incarnational hermeneutic works to close the widening gap between epistemology and ethics fostered by the Enlightenment’s commitment... (shrink)

The use of multiple means of determination to “triangulate” on the existence and character of a common phenomenon, object, or result has had a long tradition in science but has seldom been a matter of primary focus. As with many traditions, it is traceable to Aristotle, who valued having multiple explanations of a phenomenon, and it may also be involved in his distinction between special objects of sense and common sensibles. It is implicit though not emphasized in the distinction between (...) primary and secondary qualities from Galileo onward. It is arguably one of several conceptions involved in Whewell’s method of the “consilience of inductions” (Laudan 1971) and is to be found in several places in Peirce. (From M. Brewer and B. Collins, eds., (1981); Scientific Inquiry in the Social Sciences (a festschrift for Donald T. Campbell), San Francisco: Jossey-Bass, pp. 123–162.). (shrink)

Darwin's greatest accomplishment was to show how life might be explained as the result of natural selection. But does Darwin's theory mean that life was unintended? William A. Dembski argues that it does not. In this book Dembski extends his theory of intelligent design. Building on his earlier work in The Design Inference (Cambridge, 1998), he defends that life must be the product of intelligent design. Critics of Dembski's work have argued that evolutionary algorithms show that life can be (...) explained apart from intelligence. But by employing powerful recent results from the No Free Lunch Theory, Dembski addresses and decisively refutes such claims. As the leading proponent of intelligent design, Dembski reveals a designer capable of originating the complexity and specificity found throughout the cosmos. Scientists and theologians alike will find this book of interest as it brings the question of creation firmly into the realm of scientific debate. (shrink)

Willard van Orman Quine once said that he had a preference for a desert ontology. This was in an earlier day when concerns with logical structure and ontological simplicity reigned supreme. Ontological genocide was practiced upon whole classes of upper-level or ‘derivative’ entities in the name of elegance, and we were secure in the belief that one strayed irremediably into the realm of conceptual confusion and possible error the further one got from ontic fundamentalism. In those days, one paid more (...) attention to generic worries about possible errors than to actual errors derived from distancing oneself too far from the nitty-gritty details of actual theory, actual inferences from actual data, the actual conditions under which we posited and detected entities, calibrated and ‘burned in’ instruments, identified and rejected artifacts, debugged programs and procedures, explained the mechanisms behind regularities, judged correlations to be spurious, and in general, to the real complexities and richness of actual scientific practice. (shrink)

Thomas Hobbes's Leviathan is the greatest work of political philosophy in English and the first great work of philosophy in English. In addition, it presents the fundamentals of his beliefs about language, epistemology, and an extensive treatment of revealed religion and its relation to politics. Beginning with premises that were sometimes controversial, such as that every human action is caused by the agent's desire for his own good, Hobbes derived shocking conclusions, such as that the civil government enjoys absolute control (...) over its citizens and that the sovereign has the right to determine which religion is to be practiced in a commonwealth. Hobbes's contemporaries recognized the power of the arguments in Leviathan and many of them wrote responses to it. Selections from books by John Bramhall, Robert Filmer, Edward Hyde, George Lawson, William Lucy, Samuel Pufendorf and Thomas Tenison are included in this edition. Leviathan is divided into four parts: In the first part, Of Man, Hobbes presents a view of human beings and of the natural world in general that is materialistic and mechanistic. In the second part, Of Commonwealth, he defends the theory of absolute sovereignty, the view that the government has all the political power and has the right to control any aspect of life. In the third part, Of a Christian Commonwealth, he critiques concepts like revelation, prophets, and miracles in such a way that it becomes doubtful whether they can be rationally justified. In the fourth part, Of the Kingdom of Darkness, he explains various ways in which priestly religion has corrupted religion and transgressed the rights of the sovereign. In this revised edition of Hobbes's classic work, A.P. Martinich improves Hobbes's punctuation for the sake of clarity. He has also added new notes for readers, extensive cross references, and substantial part of Hobbes's reply to Bramhall's The Catching of Leviathan. (shrink)

This article reports the findings of a survey examining if there are gender and career stage differences between male and female practitioners regarding ethical judgment. The results show that, on average, females adopted a more strict ethical stance than their male counterparts on 7 out of 19 vignettes. Males on the other hand, demonstrated a more ethical stance than their female counterparts on 2 out of 19 vignettes. The results furthermore indicate there is a significant difference in ethical judgment across (...) career stages. Overall, it appears that practitioners in later career stages display higher ethical judgment than practitoners in lower career stages. Implications are provided for both practitioners and academicians. (shrink)

In Between Facts and Norms Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action, bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more.The introduction by William Rehg succinctly captures the special nature of the work, noting (...) that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so- called liberals and civic republicans.The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book.Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

The twelve specially written essays in this volume investigate the neglected topic of mental action, and show its importance for the metaphysics, epistemology, and phenomenology of mind. The essays investigate what mental actions are, how we are aware of them, and what is the relationship between mental and physical action.