Celebrating the remarkable career of jurist Harold J. Berman, the essays in this volume demonstrate that Berman's contributions to Russian studies, international trade law, legal history, philosophy of law, and law and religion have firmly established him as part of the tradition of our greatest American jurists.

Focusing on the rise of the mechanistic idea that we can know the natural world only by distancing ourselves from it, Berman shows how science acquired its ...

Without doctors being able to explain medical decisions to patients, I argue their use of black box AIs would erode the effective and respectful care they provide patients. In addition, I argue that physicians should use AI black boxes only for patients in dire straits, or when physicians use AI as a “co-pilot” (analogous to a spellchecker) but can independently confirm its accuracy. I respond to A.J. London’s objection that physicians already prescribe some drugs without knowing why they work.

What are the objects of science? Are they just the things in our scientific experiments that are located in space and time? Or does science also require that there be additional things that are not located in space and time? Using clear examples, these are just some of the questions that Scott Berman explores as he shows why alternative theories such as Nominalism, Contemporary Aristotelianism, Constructivism, and Classical Aristotelianism, fall short. He demonstrates why the objects of scientific knowledge need (...) to be not located in space or time if they are to do the explanatory work scientists need them to do. The result is a contemporary version of Platonism that provides us with the best way to explain what the objects of scientific understanding are, and how those non-spatiotemporal things relate to the spatiotemporal things of scientific experiments, as well as everything around us, including even ourselves. (shrink)

Probably no doctrine has excited as much horror and abuse as atheism. This first history of British atheism, first published in 1987, tries to explain this reaction while exhibiting the development of atheism from Hobbes to Russell. Although avowed atheism appeared surprisingly late – 1782 in Britain – there were covert atheists in the middle seventeenth century. By tracing its development from so early a date, Dr Berman gives an account of an important and fascinating strand of intellectual history.

Philosophers disagree about whether outcome luck can affect an agent's “moral responsibility.” Focusing on responsibility's “negative side,” some maintain, and others deny, that an action's results bear constitutively on how “blameworthy” the actor is, and on how much blame or punishment they “deserve.” Crucially, both sides to the debate assume that an actor's blameworthiness and negative desert are equally affected—or unaffected—by an action's results. This article challenges that previously overlooked assumption, arguing that blameworthiness and desert are distinct moral notions that (...) serve distinct normative functions: blameworthiness serves aliabilityfunction (removing a bar to otherwise impermissible treatments), whereas desert serves afavoringfunction (contributing new value to states of affairs, or providing new reasons for responsive treatments). Having distinguished (negative) desert from blameworthiness, the article proposes a novel resolution to the outcome‐luck debate: that results do not affect an agent's liability to blame, but do affect the amount and severity of blame to which the agent is justly liable, including by affecting the severity of blame that the agent deserves. (shrink)

Unlike nearly all studies of Berkeley, this book looks at the full range of his work and links it with his life--focusing in particular on his religious thought. While aiming to present a clear picture of his career, Berman breaks new ground on, among other topics, Berkeley's philosophical strategy, his account of immortality, his Jacobitism, his emotive theory of religious mysteries, and the motivation of his Siris (1744). Also distinctive is the attention paid to the Irish context of his (...) thought, his symbolic frontispieces and portraits, and recent discoveries concerning his life and writings. (shrink)

Set aside fanciful doomsday speculations about AI. Even lower-level AIs, while otherwise friendly and providing us a universal basic income, would be able to do all our jobs. Also, we would over-rely upon AI assistants even in our personal lives. Thus, John Danaher argues that a human crisis of moral passivity would result However, I argue firstly that if AIs are posited to lack the potential to become unfriendly, they may not be intelligent enough to replace us in all our (...) jobs. If instead they are intelligent enough to replace us, the risk they become unfriendly increases, given that they would not need us and humans would just compete for valuable resources. Their hostility will not promote our moral passivity. Secondly, the use of AI assistants in our personal lives will become a problem only if we rely on them for almost all our decision-making and motivation. But such a (maximally) pervasive level of dependence raises the question of whether humans would accept it, and consequently whether the crisis of passivity will arise. (shrink)

In this acclaimed exploration of the search for "authentic" individual identity, Marshall Berman explores the historical experiences and needs out of which this new radicalism arose. Focussing on eighteenth-century Paris, a time and place in which a distinctively modern form of society was just coming into its own, Berman shows how the ideal of authenticity—of a self that could organize the individual's energy and direct it toward his own happiness—articulated eighteenth-century man's deepest responses to this brave new world, (...) and his most ardent hope for a new life in it. Exploring in particular the ideas of Montesquieu and Rousseau, Berman shows how the ideal of authenticity was radically opposed to the bourgeois, capitalistic idea of "self-interest.". (shrink)

Recent scholarship in science, technology, and society has emphasized the neoliberal character of science today. This article draws on the history of US science and technology policy to argue against thinking of recent changes in science as fundamentally neoliberal, and for thinking of them instead as reflecting a process of “economization.” The policies that changed the organization of science in the United States included some that intervened in markets and others that expanded their reach, and were promoted by some groups (...) who were skeptical of free markets and others who embraced them. In both cases, however, new policies reflected growing political concern with “the economy” and related abstractions and a new understanding of S&T as inputs into a larger economic system that government could manipulate through policy. Understanding trends in US S&T policy as resulting from economization, not just neoliberalism, has implications for thinking about the present and likely future of science and S&T policy. (shrink)

This review essay of Victor Tadros’s new book, “The Ends of Harm: The Moral Foundations of Criminal Law,” responds to Tadros’s energetic and sophisticated attacks on retributivist justifications for criminal punishment. I argue, in a nutshell, that those attacks fail. In defending retributivism, however, I also sketch original views on two questions that retributivism must address but that many or most retributivists have skated past. First, what do wrongdoers deserve – to suffer? to be punished? something else? Second, what does (...) it mean for them to deserve it? That is, what is the normative force or significance of valid desert claims, either with respect to retributivist desert in particular or with respect to all forms of desert? Because the answers that this essay offers are preliminary, the essay also serves as a partial blueprint for further work by criminal law theorists with retributivist sympathies. (shrink)

Could Christians and Muslims be referring to the same God? Consider Gareth Evans’s causal theory of reference, on which a name refers to the dominant source of information in the name’s “dossier”. I argue that information about experiences, in which God is simply the object of acquaintance, can dominate the dossier. Thus, this "demonstrative" use of names offers a promising alternative avenue by which users of the divine names can refer to the same referent despite having different conceptions of God.

I contend there exists a platonistic good that all other good (excellent) things must resemble, supplementing this theory with Aristotelian features. Something’s goodness holds in virtue of the thing’s own properties being such as to satisfy its kind-based standards, and those K-standards resembling the platonic good. As for the latter condition, the K-standards resemble it firstly with respect to requiring activities, and secondly also at the level of what teleology those activities are directed towards.

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and regarding whether the principle can deliver absolute judgments, or only (...) comparative ones. This essay proposes that these differences cannot be successfully adjudicated, and one candidate proportionality principle preferred over its rivals, in the abstract; a proportionality principle only makes sense as an integrated part of a more complete justificatory theory of criminal punishment. It then sketches a proportionality principle that best fits the responsibility-constrained pluralist theories of criminal punishment that currently predominate. The proportionality principle it favors provides that punishments should not be disproportionately severe, in noncomparative terms, relative to an agent’s culpability in relation to their wrongdoing. (shrink)

The title is meant to indicate that consciousness is being examined largely within the history of philosophy, and within the period of time from Descartes to Ayer. Investigators aiming to understand consciousness and minds usually try to take account of all individual human minds, so as to have the most data for the most encompassing induction. The problem with that approach is that because of the vastness of the data, its results tend to be vague, lacking the specificity of studies (...) of individuals. On the other hand, the problem with studies of individuals is that they cannot guarantee generality, as the opposing method can. This book's distinctive approach aims at a middle way, getting the best of the two opposing methods by drawing its data from the history of philosophy, especially the history of the great philosophers. (shrink)

Philosophy of sport orthodoxy maintains the following three theses: (1) all sports (or all refereed sports) are games; (2) games are as Suits defined them; and (3) sprints are sports. This article argues that these three theses cannot be jointly maintained and offers exploratory thoughts regarding what might follow.

Aristotelian theory, as found in Michael Thompson and Philippa Foot, claims that to be good is to be good as a member of that kind. However, I contend that something can satisfy kind-relative standards but nonetheless be bad—I propose a hypothetical Ebola-like microbe that meets its kind-standards of being destructive for its own sake, but it would plausibly be bad for doing so. I anticipate an Aristotelian objection that evaluations should only be made from "within" the lifeform conception rather than (...) from without. (shrink)

Examines the theories of translation by German romantics in the early 19th century, from Novalis, Friedrich Schlegel, and A.W. Schlegel to Schleiermacher, and compares them briefly to the contemporary, but contrasting, theories by Herder, ...

Citing a lifelong engagement with Marxism, critic and writer Marshall Berman reveals the movement's positive points and suggests a new beginning for Marxism may be on the horizon with its recent 150th anniversary attention.

Hoop residuation algebras are the {, 1}-subreducts of hoops; they include Hilbert algebras and the {, 1}-reducts of MV-algebras (also known as Wajsberg algebras). The paper investigates the structure and cardinality of finitely generated free algebras in varieties of k-potent hoop residuation algebras. The assumption of k-potency guarantees local finiteness of the varieties considered. It is shown that the free algebra on n generators in any of these varieties can be represented as a union of n subalgebras, each of which (...) is a copy of the {, 1}-reduct of the same finite MV-algebra, i.e., of the same finite product of linearly ordered (simple) algebras. The cardinality of the product can be determined in principle, and an inclusion-exclusion type argument yields the cardinality of the free algebra. The methods are illustrated by applying them to various cases, both known (varieties generated by a finite linearly ordered Hilbert algebra) and new (residuation reducts of MV-algebras and of hoops). (shrink)

Organizational institutionalism has shown how institutional entrepreneurs can introduce new logics into fields and push for their broader acceptance. In academic science in the United States, however, market logic gained strength without such an entrepreneurial project. This article proposes an alternative “practice selection” model to explain how a new institutional logic can gain strength when local innovations interact with changes outside the field. Actors within a field are always experimenting with practices grounded in a variety of logics. When one logic (...) is dominant, innovations based on alternative logics may have trouble gaining the resources they need to become more broadly institutionalized. But if a changing environment starts systematically to favor practices based on an alternative logic, that logic can become stronger even in the absence of a coherent project to promote it. This is what happened in US academic science, as growing political concern with the economic impact of innovation changed the field’s environment in ways that encouraged the spread of local market-logic practices. (shrink)

A world of legal conflicts -- The limits of sovereigntist territoriality -- From universalism to cosmopolitanism -- Towards a cosmopolitan pluralist jurisprudence -- Procedural mechanisms, institutional designs, and discursive practices for managing pluralism -- The changing terrain of jurisdiction -- A cosmopolitan pluralist approach to choice of law -- Recognition of judgments and the legal negotiation of difference.

A Platonic explanation of non-modal and modal truths is explained and defended using non-spatiotemporal entities as their truthmakers. It is argued, further, that this theory is parsimonious, naturalistic, and ontologically serious. These features should commend the view to a wide swath of philosophers.

What all contemporary so-called aristotelian realists have in common has been identified by David Armstrong as the principle of instantiation. This principle has been put forward in different versions, but all of them have the following simple consequence in common: uninstantiated universals do not exist. Such entities are for the lotus-eating Platonist to countenance, but not for any sort of moderate realist. I shall argue that this principle, in any guise, is not the best way to differentiate aristotelianism from Platonism. (...) In its place, I shall suggest that the best way to differentiate the two versions of realism from each other is by means of a far more powerful idea: naturalism. And the surprising conclusion given this means of differentiation will be that contrary to the usual proclamations, Platonism will be the more naturalistic theory, whereas aristotelianism will come to be seen for what it really is, namely, non-naturalistic. (shrink)

Philosophy is one of the most intimidating and difficult of disciplines, as any of its students can attest. This book is an important entry in a distinctive new series from Routledge: The Great Philosophers . Breaking down obstacles to understanding the ideas of history's greatest thinkers, these brief, accessible, and affordable volumes offer essential introductions to the great philosophers of the Western tradition from Plato to Wittgenstein. In just 64 pages, each author, a specialist on his subject, places the philosopher (...) and his ideas into historical perspective. Each volume explains, in simple terms, the basic concepts, enriching the narrative through the effective use of biographical detail. And instead of attempting to explain the philosopher's entire intellectual history, which can be daunting, this series takes one central theme in each philosopher's work, using it to unfold the philosopher's thoughts. (shrink)

Are the arguments of the Frankfurt School still relevant? Modern Culture and Critical Theory investigates this question in the context of important issues in contemporary cultural politics: neoconservatism and new social movements, discontents with modernity and debates on postmodernism, the political hegemony of Ronald Reagan, and the cultural hegemony of structuralism and poststructuralism. Russell Berman thoughtfully explores the theories of Horkheimer, Adorno, Benjamin, Lyotard, and Foucault and their relevance to both historical and contemporary issues in literature, politics, and the (...) arts. (shrink)

The purpose of this paper is to argue for psychological egoism, i.e., the view that the ultimate motivation for all human action is the agent’s self-interest. Two principal opponents to psychological egoism are considered. These two views are shown to make human action inexplicable. Since the reason for putting forward these views is to explain human action, these views fail. If psychological egoism is the best explanation of human action, then humans will not differ as regards their motivations for their (...) actions. However, humans will differ as regards their knowledge of what is in fact in their self-interest. (shrink)

A study probing the ambiguities of German nationhood. Berman takes a theoretical perspective of cultural studies, exploring such themes as: the constitution of nationhood; what holds a citizenry together; and history's role in providing a framework for current identities and institutions.

The material reprinted in this two-volume set, first published in 1989, covers the first eighty-five years in responses to George Berkeley’s writings. David Berman identifies several key waves of eighteenth-century criticism surrounding Berkeley’s philosophies, ranging from hostile and discounted, to valued and defended. The first volume includes an account of the life of Berkeley by J. Murray and key responses from 1711 to 1748, whilst the second volume covers the years between 1745 and 1796. This fascinating reissue illustrates the (...) breadth and diversity of the early reaction to Berkeley’s philosophies, and will help students and academics form a clear image of both Berkeley’s work and his reputation through the eyes of his contemporaries. (shrink)

The material reprinted in this two-volume set, first published in 1989, covers the first eighty-five years in responses to George Berkeley’s writings. David Berman identifies several key waves of eighteenth-century criticism surrounding Berkeley’s philosophies, ranging from hostile and discounted, to valued and defended. The first volume includes an account of the life of Berkeley by J. Murray and key responses from 1711 to 1748, whilst the second volume covers the years between 1745 and 1796. This fascinating reissue illustrates the (...) breadth and diversity of the early reaction to Berkeley’s philosophies, and will help students and academics form a clear image of both Berkeley’s work and his reputation through the eyes of his contemporaries. (shrink)

In this book, Michael P. Berman uses Merleau-Ponty’s thought to develop a critique, grounded in his phenomenology, of certain issues in the philosophy of religion such as faith, love, vision, soul, magic and miracles, judgment, evil, and hallowing.