This book focusses on conceptual shifts in the successive formulations of natural law theory by Aquinas, Suárez, Grotius, Pufendorf, and Finnis, and reveals the accumulation of problems, inherent in natural law and theory, which ultimately led to its demise.

Brouwer defended the view that the autonomy of the individual citizen is furthered by articulated, precise and clear legislation. The question arises whether all kinds of rules can be said to enhance such autonomy. It is argued that a distinction should be drawn between rules that dictate desirable outcomes, on the one hand, and rules that determine the way the game is played, on the other. Rules of the game often reflect the way they were drafted and can be seen (...) as the embodiment of power relations between rule-makers. Rules that dictate outcomes, on the other hand, are often drafted by experts who analyse the goals to be reached. The view is defended that only rules of the game – potentially – enhance the autonomy of the citizen, whereas outcome-rules are potentially manipulative, tending to exclude those who are ill-equipped to realize the prescribed outcomes. The virtues of rules therefore do not merely reside in their clear and precise nature, but are largely derived from their capacity to regulate the relations amongst citizens who were included in the process of rulemaking. (shrink)

Moet er strenger gestraft worden of juist niet? Mag de rechter door de wetgever aan banden worden gelegd? In hoeverre mag de overheid ingrijpen in het privéleven van haar burgers? Deze vragen zijn inzet van menig opiniërend krantenartikel of discussieprogramma. Ook degenen die zich beroepshalve met het recht bezighouden zullen zich van tijd tot tijd moeten bezinnen op taak en functie van het recht. Moeten we regels toepassen als ze tot onrechtvaardige uitkomsten leiden? Leiden regels wel tot het doel waarvoor (...) ze zijn opgesteld? Dit zijn allemaal vragen over het recht waarop door het recht zelf geen antwoorden kunnen worden gegeven. Betekent dit dat discussies over deze kwesties zinloos zijn omdat zij ontaarden in politieke welles-nietes spelletjes? Deze inleiding in de rechtsfilosofie beoogt te laten zien dat dit niet hoeft. (shrink)

This article investigates the implications of goal-legislation for legal argumentation. In goal-regulation the legislator formulates the aims to be reached, leaving it to the norm-addressee to draft the necessary rules. On the basis of six types of hard cases, it is argued that in such a system there is hardly room for constructing a ratio legis. Legal interpretation is largely reduced to concretisation. This implies that legal argumentation tends to become highly dependent on expert (non-legal) knowledge.

This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal (...) validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Integrating the Parts of the Biopsychosocial ModelMichael A. Westerman (bio)Keywordsbiopsychosocial approach, pragmatism, participatory framework, functionalist accounts, mind-body-behavior integrationEngel’s (1977, 1980) call for replacing the biomedical model with his biopsychosocial approach pointed in the right direction. Bradley Lewis recognizes this, but argues that Engel’s framework does not provide us with everything we need to develop the biopsychosocial approach. Lewis attempts to add what is missing by reinterpreting Engel as (...) a pragmatist. As I see it, he is on the right track. We need to add something more to Engel’s position, and Lewis’s reinterpretation is an intriguing attempt to respond to this need. Nevertheless, I believe Lewis’s article only takes us so far. Something is still missing. In what follows, I identify what is missing, make suggestions about additional steps we can take to remedy the situation, and raise the possibility that pragmatism can be helpful in this venture in ways that Lewis does not consider.It should come as no surprise that it will take a lot to accomplish Engel’s objectives, because those goals are extremely ambitious. For one thing, Engel offered his biopsychosocial model as an alternative framework for all of medicine, not just psychiatry. Furthermore, he believed that it was not enough to augment the technological focus of the biomedical model by simply tacking onto it more humane concern with the patient as a person and more attention to the patient–physician relationship (although he certainly advocated changes along those lines). Engel maintained that psychosocial factors play an intrinsic role in the etiology of disease, its assessment, and treatment. He based his biopsychosocial model on general systems theory because he believed that it provides a framework for dealing with disease in a way that reflects this view.This is where Lewis enters the arena. He endorses Engel’s goal of developing a biopsychosocial approach to medicine and psychiatry, but he takes issue with Engel’s belief that we can reach this goal by following along the lines of general systems theory. Indeed, he claims that Engel’s biopsychosocial model was “doomed from the start” because of this idea. At a later point, I will turn to Lewis’s arguments against employing a systems theory framework. I first consider what Lewis proposes we bring to the biopsychosocial endeavor in its place.Lewis argues that pragmatism can get us where we want to go and that it makes sense to reinterpret Engel as a pragmatist because there [End Page 321] are a number of noteworthy similarities between pragmatism and Engel’s work. First, Lewis points out that both Engel and the pragmatists believed that inquiry should start with real problems, that is, with something that is not working. Another similarity is that, like the pragmatists, Engel believed that it is important to be aware of the impact theories and philosophical perspectives have on the ways we deal with problems, even though their influence may not be readily apparent. The third similarity Lewis points to is that even though Engel at times justifies beliefs by taking recourse to idealized notions about “The Method” of science (which, Lewis notes, parallels Peirce’s own early idealization of science), Engel ends up holding the pragmatists’ view that the justification of beliefs rests on their usefulness. Finally, Lewis argues that Engel and the pragmatists (in particular, Dewey) have similar views of nature, or the world, in that they believe nature can be characterized by a hierarchy of “levels” (Engel) or “plateaus” (Dewey).What do we gain from lewis’s reinterpretation?There is a lot to recommend this new reading of Engel. I agree with Lewis that Engel did not provide us with all the tools we need for developing his biopsychosocial approach. I also think that Lewis is right when he asserts that, in particular, we have to place Engel’s ideas about the biopsychosocial model in the context of a richer philosophical perspective. In addition, Lewis has identified a number of interesting similarities between Engel’s work and pragmatism. Hence, there is a basis for reinterpreting him as a pragmatist—and, in my opinion, this brings in a philosophical perspective that does indeed... (shrink)

This is the first comprehensive account of Kant’s cosmopolitanism, highlighting its moral, political, legal, economic, cultural, and psychological aspects. Contrasting Kant’s views with those of his German contemporaries, and relating them to current debates, Pauline Kleingeld sheds new light on texts that have been hitherto neglected or underestimated. In clear and carefully argued discussions, she shows that Kant’s philosophical cosmopolitanism underwent a radical transformation in the mid 1790s and that the resulting theory is philosophically stronger than is usually thought. (...) Using the work of figures such as Fichte, Cloots, Forster, Hegewisch, Wieland, and Novalis, Kleingeld analyzes Kant’s arguments regarding the relationship between cosmopolitanism and patriotism, the importance of states, the ideal of an international federation, cultural pluralism, race, global economic justice, and the psychological feasibility of the cosmopolitan ideal. In doing so, she reveals a broad spectrum of positions in cosmopolitan theory that are relevant to current discussions of cosmopolitanism. -/- TABLE OF CONTENTS: Acknowledgments; Abbreviations; Introduction; 1. World citizens in their own country: Wieland and Kant on moral cosmopolitanism and patriotism; 2. Universal republic of world citizens or international federation?: Cloots and Kant on global peace; 3. Global hospitality: Kant's concept of cosmopolitan right; 4. Hierarchy or diversity?: Forster and Kant on race, culture, and cosmopolitanism; 5. International trade and justice: Hegewisch and Kant on cosmopolitanism and globalization; 6. Cosmopolitanism and feeling: Novalis and Kant on the development of a universal human community; 7. Kant's cosmopolitanism and current philosophical debates; Bibliography; Index. (shrink)

In the present book, Pauline Phemister argues against traditional Anglo-American interpretations of Leibniz as an idealist who conceives ultimate reality as a plurality of mind-like immaterial beings and for whom physical bodies are ultimately unreal and our perceptions of them illusory. Re-reading the texts without the prior assumption of idealism allows the more material aspects of Leibniz's metaphysics to emerge. Leibniz is found to advance a synthesis of idealism and materialism. His ontology posits indivisible, living, animal-like corporeal substances as (...) the real metaphysical constituents of the universe; his epistemology combines sense-experience and reason; and his ethics fuses confused perceptions and insensible appetites with distinct perceptions and rational choice. In the light of his sustained commitment to the reality of bodies, Phemister re-examines his dynamics, the doctrine of pre-established harmony and his views on freedom. The image of Leibniz as a rationalist philosopher who values activity and reason over passivity and sense-experience is replaced by the one of a philosopher who recognises that, in the created world, there can only be activity if there is also passivity; minds, souls and forms if there is also matter; good if there is evil; perfection if there is imperfection. (shrink)

What are the implications for theory and research in psychology of a hermeneutic perspective that takes practices as its starting point notion? The author addresses this wide-ranging issue by considering a number of specific questions in turn, including, among others, whether the hermeneutic perspective leads to rejecting systematic, quantitative research methods; whether it leads to the conclusion that efforts at theory and research provide us with an understanding of human behavior that is arbitrary; and whether a practices-based perspective points to (...) a way of pursuing inquiry in psychology that is better than proceeding along the lines of mainstream psychology. The answers to these questions include a number of surprises, especially regarding how the hermeneutic perspective contrasts with mainstream psychology and how it differs from social constructionism. The author also identifies challenging issues for adherents of the hermeneutic perspective, including, in particular, issues concerning the limits of what we can know about psychological phenomena. 2012 APA, all rights reserved). (shrink)

Considering recent failed attempts to derive an ethical theory from Georg Lukács’s original formulation of reification, this paper offers an alternative more rooted in Lukács’s theory as a whole. By analyzing his critique of the empty Ought in Kant and Fichte, followed by his advocacy of substantial, materially-grounded Oughts in his late Ontology, I suggest that we can nevertheless find latent possibilities for grounding such values even in his theory of reification. Drawing on recent interpretations of Lukács that emphasize his (...) debt to Neo-Kantianism, Husserl et al, I argue that one of Lukács’s central critiques of reification is precisely its expulsion of substantial values from formal social relationships. This implies, I suggest, a structural demand to reincorporate such values within relations, so that they might reach valid form; I conclude with some suggestions on the ethical demands this might entail. (shrink)

Post-modernism offers a revolutionary approach to the study of society: in questioning the validity of modern science and the notion of objective knowledge, this movement discards history, rejects humanism, and resists any truth claims. In this comprehensive assessment of post-modernism, Pauline Rosenau traces its origins in the humanities and describes how its key concepts are today being applied to, and are restructuring, the social sciences. Serving as neither an opponent nor an apologist for the movement, she cuts through post-modernism's (...) often incomprehensible jargon in order to offer all readers a lucid exposition of its propositions. Rosenau shows how the post-modern challenge to reason and rational organization radiates across academic fields. For example, in psychology it questions the conscious, logical, coherent subject; in public administration it encourages a retreat from central planning and from reliance on specialists; in political science it calls into question the authority of hierarchical, bureaucratic decision-making structures that function in carefully defined spheres; in anthropology it inspires the protection of local, primitive cultures from First World attempts to reorganize them. In all of the social sciences, she argues, post-modernism repudiates representative democracy and plays havoc with the very meaning of "left-wing" and "right-wing." Rosenau also highlights how post-modernism has inspired a new generation of social movements, ranging from New Age sensitivities to Third World fundamentalism. In weighing its strengths and weaknesses, the author examines two major tendencies within post-modernism, the largely European, skeptical form and the predominantly Anglo-North-American form, which suggests alternative political, social, and cultural projects. She draws examples from anthropology, economics, geography, history, international relations, law, planning, political science, psychology, sociology, urban studies, and women's studies, and provides a glossary of post-modern terms to assist the uninitiated reader with special meanings not found in standard dictionaries. (shrink)

Given the recent ethics scandals in the United States, there has been a renewed focus on understanding the antecedents to ethical decision-making in the research literature. Since ethical norms and standards of behavior are not universally consistent, an individual’s choice of referent may exert a large influence on his/her ethical decision-making. This study used a social identity theory lens to empirically examine the relative influence of the macro- and micro-level variables of national culture and peers on an individual’s intention to (...) behave ethically. Our sample consisted of respondents from Germany, Italy, and Japan. The results indicated that both national culture and peers were found to act as significant referents in ethical decision-making dilemmas. Although peers exerted a much stronger influence on an individual’s ethical decision-making, the impact of peers varied depending on the national culture levels of individualism and power distance. (shrink)

This book offers a radical new interpretation of Georg Lukács’s History and Class Consciousness, showing for the first time how the philosophical framework for his analysis of society was laid in the drafts of a philosophy of art that he planned but never completed before he converted to Marxism. Reading Lukács’s work through the so-called “Heidelberg Aesthetics” reveals for the first time a range of unsuspected influences on his thought, such as Edmund Husserl, Emil Lask, and Alois Riegl; it also (...) offers a theory of subjectivity within social relations that avoids many of the problems of earlier readings of his text. At a time when Lukács’s reputation is once more on the rise, this bold new reading helps revitalize his thought in ways that help it speak to contemporary concerns. (shrink)

Paulin and Cahill‐Lane explore the origins of event processing and event prediction in animal evolution. They propose that the evolutionary benefit of being able to predict and thus to quickly react to anticipated events may have triggered the evolution of the earliest nervous systems.

This article examines different intellectual-historical approaches to the work of Georg Lukács, arguing that a methodology similar to that of the Cambridge School is, curiously, that most in line with Lukács’s own approach. I begin with some general methodological comments on intellectual history, before showing that a proper appreciation of the discourses within which Lukács was situated is essential to understanding both the specifics and the overall project of History and Class Consciousness. Finally, I argue that situating thinkers like Lukács (...) properly within their time does not reduce them to museum pieces; rather, by seeking to capture the alterity of the past without reducing it to familiarity, we may de-reify our own world-views. (shrink)

Gottfried Achenwall, _Prolegomena to Natural Law_, ed. Pauline Kleingeld, trans. Corinna Vermeulen. Groningen: University of Groningen Press, 2020. Open Access, available via the 'direct download' link below. This is the first English translation of _Prolegomena iuris naturalis_ by Gottfried Achenwall (1719–1772). In this book, Achenwall presents the philosophical foundation for his comprehensive theory of natural law. The book is of interest not only because it provides the basis for a careful, systematic, and well-respected eighteenth-century theory of natural law in (...) the Leibniz-Wolffian tradition, but also because it sheds important light on the work of Immanuel Kant. Achenwall’s work influenced Kant’s legal and political philosophy as well as his ethics, and it is indispensable for understanding Kant’s _Feyerabend Lectures on Natural Law_ and his _Metaphysics of Morals_. The present volume complements the translation of Achenwall’s handbook, _Natural Law_ (London: Bloomsbury, 2020). (shrink)

In this seminal exploration of the nature and future of African philosophy, Paulin J. Hountondji attacks a myth popularized by ethnophilosophers such as Placide Temples and Alexis Kagame that there is an indigenous, collective African philosophy, separate and distinct from the Western philosophical tradition. Hountondji contends that ideological manifestations of this view that stress the uniqueness of the African experience are protonationalist reactions against colonialism conducted, paradoxically, in the terms of colonialist discourse.

Let me straight from the beginning confess one thing: I am not happy with the phrase “African Philosophy” used to describe a subject-matter, a specific discipline in the university curriculum. Why? Because it seems to particularize a kind of intellectual production taking place in Africa and to deny its universal validity. It apparently means, to use the words by Jonathan Chimakonam himself, “a bordersensitive, culture-bound exclusive system that holds only in Africa and is not universally applicable” This particularization, however, has (...) its own story. I wish first in this paper to recall briefly the earliest stage of this story and then discuss alternative ways to remain authentically African while doing philosophy in Africa today. Keywords: Ethnophilosophy, African philosophy, Africa, Philosophy, Calabar. (shrink)

Sustainability managers represent a key stakeholder in implementing and diffusing sustainability initiatives. However, there is a significant gap in the literature examining the impact of greenwashing on sustainability managers. This research examines the effects of greenwashing on sustainability managers' job satisfaction, commitment, turnover intentions, and job performance from a social identity/person–organization (P‐O) fit perspective. Our sample consists of practicing sustainability managers (n = 125) in high‐ (77%) or mid‐level (23%) positions. Results indicate that perceived greenwashing negatively affects the attitudinal outcomes (...) and job performance of sustainability managers. The results also indicate that for sustainability managers whose social responsibility identity is higher than that of their firm, greenwashing has a significant association with lower satisfaction and job performance and higher intentions to leave. However, for managers whose social responsibility identity is lower than that of their firm, employer greenwashing had no effect on the sustainability managers' attitudes, even though they recognized their own poor job performance. The cumulative effect may be a situation in which managers in the best position to enhance a firm's CSR leave the firm, and vice versa. (shrink)

Hume’s account of how the self enters the moral domain and comes to a consciousness of itself as a moral being is one which he superimposes upon his Treatise account of the constitution of the non-metaphysical self. This primordial self is for Hume constructed out of the passions of pride and humility which are themselves in tum constructed out of certain feelings of pain and pleasure, these feelings being worked on by memory and imagination, and converted back and forth into (...) series of ideas and impressions. In presenting this account of the way in which we achieve a coherent self-awareness and self-knowledge such that we ‘know our own force’, Hurne in fact employs a radical psychology which he must discard once the moral self comes into view. The use Hume makes of this psychology has gone unnoticed in the literature, but once we understand its implications we will be able to dispel the confusion that some have found in his story. (shrink)

Immanuel Kant’s views on politics, peace, and history have lost none of their relevance since their publication more than two centuries ago. This volume contains a comprehensive collection of Kant’s writings on international relations theory and political philosophy, superbly translated and accompanied by stimulating essays. Pauline Kleingeld provides a lucid introduction to the main themes of the volume, and three essays by distinguished contributors follow: Jeremy Waldron on Kant’s theory of the state; Michael W. Doyle on the implications of (...) Kant’s political theory for his theory of international relations; and Allen W. Wood on Kant’s philosophical approach to history and its current relevance. (shrink)

Brown, Pauline I recently came across an article by Meg Keneally in The Guardian. I can think of no better description of our policies and practices on immigration detention than the following extract: It's a well-worn solution to an intractable human problem involving a large group of inconvenient people - ship them off somewhere, put a wall around them, and try to forget about the whole thing. You could argue that our country was founded as a result of this (...) approach. You could also argue that we learned our lesson too well, because it's an approach we are still using when it comes to vulnerable people who have undertaken hazardous ocean journeys - and the outcomes are no more humane than they were in the 18th and 19th centuries. (shrink)

The Australian Army has adopted “respect” as a new addition to the existing trio of values, “courage, initiative and teamwork.” This article explores what respect may mean as an army value. The significance of respect surrounding two incidents involving Australian Defence Force personnel while on duty in Afghanistan is considered. The first is the so-called “green on blue” attack by an Afghan National Army soldier killing three Australian soldiers on 29 August 2012. The second concerns allegations of mutilation of suspected (...) Afghan insurgents’ corpses by soldiers attached to an Australian Special Forces Unit on 28 April 2013. The incidents have resulted in internal military investigations: in the second incident, with a view to possible prosecution for breach of the law of armed conflict and related disciplinary offences; and in the case of the green on blue attack, leading to a civilian coronial inquest. This article discusses the training and modelling of behaviour required to instil such a value as respect. (shrink)

Le rapprochement initié au lendemain du 11 septembre entre scénaristes hollywoodiens et acteurs de la sécurité et de la défense dans le domaine de l’anticipation stratégique est ici interprété à l’aune d’une certaine parenté entre deux univers que tout semble a priori opposer. Il s’agit d’explorer ce que cette collaboration dit du renseignement dans son rapport au temps et à l’incertitude, pour ensuite examiner les éventuelles ressemblances entre renseignement et fiction dans leur rapport à la fictionnalité.

This article addresses the issue of realism in relationship to contemporary serial fiction. Drawing on The Bureau, it argues that spy TV series are “realistic” not because they correspond to reality but because of their impact on reality. It begins by giving an overview of the many ways in which “realism,” in the ordinary sense of a resemblance with reality, served as the working framework for The Bureau’s team. It then identifies three distinct types of realisms in the series. The (...) first is a “fictional realism,” namely the ability of The Bureau to conform to the aesthetic and narrative conventions of realistic fictions. The second type of realism, which I qualify as “ordinary,” refers to the possibilities offered by the show’s aesthetics and the enmeshment of The Bureau with viewers’ ordinary experience. The third type of “performative realism” refers to the series’ impact on shared representations and reality. By providing a common language about the secret activities of the state, The Bureau has gone from being a framed version of reality to being one of the defining frameworks through which state secrecy is experienced both individually and collectively, by insiders and the public at large. (shrink)

Introduction: Geographers at the beach -- Positivism: Or, roughly, what you see is the knowledge you get -- Critical rationalism: Learning from our mistakes -- Marxism and critical realism: Seekig what lies eneath -- Phenomenology and post-phenomenology: The essence of experience, or, seeing a shark is different from seeing a dolphin -- Social constructtionism and feminism: It's all down to us -- Structuralism, poststructurlism and postmodernism: Lies at the surface -- Complexity theory: From butterfly wings to fairy rings -- Moral (...) philosophy and ethics: Right and wrong in geography -- Thinking, doing, constructing geography. (shrink)

Contemplating Suicide: The Language and Ethnics of Self Harm By Gavin J. Fairbairn Routledge, 1995. Pp. xxx. ISBN 415?10606. £12.95(pbk). Religious Transformation in Western Society. The End of Happiness By Harvie Ferguson, Routledge, 1992. Pp. xvi + 269. ISBN 0?415?02574?5. £XX.xx. Feminism and the Self: The Web of Identity By Morwenna Griffiths Routledge, 1995. Pp. 191. ISBN 0?415?09821?1. £12.99 (pbk). Faith, Scepticism and Personal Identity. A Festschrift for Terence Penelhum Edited by J.J. Macintosh and H. A. Meynell University of Calgary (...) Press, 1994. Pp. vii + 304. CAN$27.95. The Shape of Space (second edition) By Graham Nerlich Cambridge University Press, 1994. ISBN 0?521?45645?2. Logical Learning Theory: A Human Teleology and its Empirical Support By Joseph F. Rychlak University of Nebraska Press, 1994. Pp. 387. ISBN 0?8032?3904?1. £32.95 Philosophical Idealism and Christian Belief By Alan P.F. Sell University of Wales Press, 1995. Pp. x + 338. (shrink)