Times of heightened risk to the physical safety of their citizens inevitably cause democracies to recalibrate their institutions and processes and to reinterpret existing legal norms, with greater emphasis on security, and less on individual liberty, than in "normal" times. This article explores the ways in which the American courts have responded to the tension between civil liberties and national security in times of crises. This history illustrates that courts have rejected both of the two polar positions that characterize public (...) discourse on these issues. Civil libertarians argue that political bodies are too easily gripped by passions, hysteria, and self-interest in these times and that courts therefore ought to play a central role in protecting liberty. Executive unilateralists argue that the qualities that uniquely characterize the executive branch, such as decisiveness, access to information, and efficiency, must become so dominant in these moments that few checks, if any, should constrain executive prerogatives. Oddly, civil libertarians and executive unilateralists find implicit consensus in the view that, in times of war, courts have tended not to play a significant role in overseeing executive power. We argue to the contrary: historically, a significant constitutional tradition of judicial scrutiny in the United States during times of war does exist. But this scrutiny does not take the form of courts making first-order substantive judgments about the content of liberty or other claimed constitutional rights. Nor does it take the form of judicial assessment of how significant or credible the national security claims of the executive branch might be. Instead, judicial oversight has been focused on preserving the institutional structures and processes through which decisionmaking on these issues takes place. The judicial role has centered on the second-order question of whether the right institutional processes have been used to make the decisions at issue, rather than on what the content of the underlying rights ought to be. This approach has historically rejected or resisted most claims of executive unilateralism. When courts have upheld the government's actions, they have done so only after a judgment that Congress, as well as the executive, has endorsed the action. This approach has also rejected the civil libertarian framework. When courts find bilateral institutional endorsement, they have typically accepted the joint political judgment of how liberty and security tradeoffs ought to be made. By focusing on congressional endorsement of emergency measures, the courts have created a broad-based political accountability for the actions taken in the name of national security. We suggest that even if congressional endorsement is more apparent than real in some of these contexts, the judicial maintenance of this structure of rhetorical justifications sustains desirable understandings of political structure. Because the President and Congress draw from different political constituencies in a presidential rather than a parliamentary system, we also raise questions about whether the American judicial approach to these questions should be limited to political systems with separated executive and legislative powers. (shrink)

My interest here is in the way Leo Strauss and his followers, the Straussians, have dealt with race and rights, race and slavery in the history of the United States. I want, first, to assess Leo Strauss's rather ambivalent attitude toward America and explore the various ways that his followers have in turn analyzed the Lockean underpinnings of the American “regime,” sometimes in contradistinction to Strauss's views on the topic. With that established, I turn to the account, particularly that offered (...) by Harry Jaffa, of how slavery and race comported—or did not—with the Straussian account of the political foundations of the new nation and how latter-day followers of Strauss have dealt with the persisting topic of race and racism in America. Overall, I want to make two large points. First, the Straussian commitment to superhistorical standards provides the Straussians with a moral perspective on slavery, race, and racism. Second, though race and slavery have been less than central among the concerns of most followers of Strauss, the contributions of Jaffa and others have significantly shaped the present American conservative position on race, including the idea of color-blindness. (shrink)

Public and professional debates have come to rely heavily on a special type of reasoning: the argument-from-ignorance, in which conclusions depend on the _lack_ of compelling information. "I win my argument," says the skillful advocate, "unless you can prove that I am wrong." This extraordinary gambit has been largely ignored in modern rhetorical and philosophical studies. Yet its broad force can be demonstrated by analogy with the modern legal system, where courts have long manipulated burdens of proof with skill and (...) subtlety. This legal, philosophical, and rhetorical study by Richard H. Gaskins provides the first systematic treatment of arguments-from-ignorance across a wide range of modern discourse—from constitutional law, scientific inquiry, and moral philosophy to organizational behavior, computer operation, and personal interaction. Gaskins reviews the historic shifts in constitutional proof burdens that have shaped public debate on fundamental rights and, by analogy, on the fundamental status of intellectual and cultural authority. He shows how similar shifts have dominated polemical battles between scientific and ethical modes of authority, affecting both academic and popular discussion. Finally, he discovers the philosophical roots of default reasoning strategies in the arguments of Kant and nineteenth-century Kantian schools. Concluding that shifting proof burdens are inescapable in a world of scientific and moral uncertainty, Gaskins emphasizes the common strategic ground shared by dogmatic and skeptical reasoning. Using Hegelian strategies, he describes a more pluralistic temper that can move critical thinking beyond polemics and strengthen our capacities for common discourse. (shrink)

This latest book, whose editors were among those who prepared the first two volumes, centers on Popkin's crucial role in bringing together scholars from around ...

This is the third edition of a classic book first published in 1960, which has sold thousands of copies in two paperback edition and has been translated into several foreign languages. Popkin's work ha generated innumerable citations, and remains a valuable stimulus to current historical research. In this updated version, he has revised and expanded throughout, and has added three new chapters, one on Savonarola, one on Henry More and Ralph Cudworth, and one on Pascal. This authoritative treatment of the (...) theme of scepticism and its historical impact will appeal to scholars and students of early modern history now as much as ever. (shrink)

This book has an overall focus on psychological approaches to the study of envy, but it also has a strong interdisciplinary character as well. Envy serves as a reference and spur for further research for researchers in psychology as well as other disciplines."--BOOK JACKET.

The complete title of the Principles is A Treatise Concerning the Principles of Human Knowledge. Wherein the chief causes of error and difficulty in the Sciences, with the grounds of Scepticism, Atheism, and Irreligion, are Inquired into. The complete title of the Dialogues is Three Dialogues between Hylas and Philonous. The design of which is plainly to demonstrate the reality and perfection of human knowledge, the incorporeal nature of the soul, and the immediate providence of a Deity: in opposition to (...) Sceptics and Atheists. Also to open a method for rendering the Sciences more easy, useful, and compendious. The introductions to each work, as well as various remarks in the Philosophical Commentaries, explain at greater length the author's intention of refuting the sceptics and atheists. In the initial section of the introduction to the Principles, Berkeley had said that the attempt to understand the nature of things had led men into all sorts of "uncouth paradoxes, difficulties, and inconsistencies,... till at length, having wander'd through many intricate mazes, we find ourselves just where we were, or, which is worse, sit down in a forlorn scepticism." And a few sections later, Berkeley stated that his intention was to discover the sources of the absurdities and contradictions that have entered philosophy, and to eliminate them. (shrink)

An examination of analytic philosophers' approaches to and critiques of the intelligibility of experiences of 'pure consciousness', non-intentionality, and selflessness in light of mystical experiences. Whether neuroscience can determine whether experiences of 'pure consciousness' are possible is also examined.

As the editor of this volume writes in his introduction: 'Simone Weil's philosophy is one that interrogates and contemplates our culture; it makes us aware of our lack of attention to words and empty ideologies, to human suffering, to the indignity of work, to our excessive use of power, to religious dogmatisms. Rather than set out a system of ideas, Simone Weil uses her philosophical reflections to show how to think about work and oppression, freedom and the good, necessity and (...) power, love and justice - even how to think about, or not think about, God. In this way we are asked to examine the human condition and learn to discern a way through it.' This is one of the very few books available in English to present a comprehensive interpretation of the philosophy of Simone Weil and how her thought can cast light on issues of contemporary importance such as work, justice, the law, war and peace, and issues of more general moral and theological concern. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Joseph Priestley's Criticisms of David Hume's Philosophy RICHARD H. POPKIN ONE OF HUME'S MOST FAMOUS CRITICS, the great scientist Joseph Priestley (1733-1804), is scarcely mentioned or studied in the Hume literature.' Perhaps because of the course philosophy followed after Hume, the Scottish Common Sense critics and the German ones connected with Kant are given almost all of the attention. In this paper 1 shall try to correct this (...) oversight, and examine the background of Priestley's critique of Hume, both in terms of Priestley's scientific and religious views and in terms of Hume's influence at the time. I shall then evaluate the merits of Priestley's critique and attempt to determine whether it deserves further study or should be returned to the obscurity it has been in for almost two centuries. 2 Joseph Priestley was a nonconforming minister whose progressively radical views caused him to lose various posts. Eventually he became a millenarian, convinced that crucial signs of the end of the world were at hand: the events of the French Revolution; the purported discovery of the Lost Tribes in Afghanistan by Sir William Jones; plans or hopes for the Jews to return to Palestine and join forces with the Christians. After years of religious wanderings Priestley ended up a millenarian Unitarian, much in the tradition of Sir Isaac Newton, whose religious writing he used extensively, and of Newton's successor, William Whiston? Priestley taught science in various schools and was immensely influenced by David Hartley's Observations on Man. He found in Hartley's theory of association of ideas a naturalistic way of explaining human mental life. And in Hartley's millenarian views he located the sort of theology he was seeking. Priestly later reedited Hartley, including introductory essays about some of the more difficult aspects of his mechanistic psychology.' (Coleridge, who was deeply impressed by ' T. E. Jessop, A Bibliography of David Hume and of the Scottish Philosophy from l-)'ancis Hutcheson to Lord Balfour (New York, 1966), lists the titles of Priestley's works relevant to Hume. However, there appear to be no discussions of Priestley on Hume listed in this work or in Roland Hill, A Bibliography of David Hume from 1930 (York, 1971). E. C. Mossner, The Life of David Hume (Edinburgh, 1954), mentions Priestley's criticisms of Hume, but only as these were made in connection with criticisms of Beattie. Joseph Priestley, Memoirs of Dr. Joseph Priestley to the Year 1795, written by Himself, with a Continuation to the time of his decease by his son, Joseph Priestley, ed. T. Cooper (London, 1806). It is also of some interest that Priestley attacked Reid, Beattie, and Oswald a few years before challenging Hume. He seemed to think that he had disposed of the Scottish Philosophy for all time. Thus Priestley was certainly no part of the mainstream of Hume's opponents in Britain. See Memoirs, pp. 78-79n, and n. 16 below. ' On Priestley's career, see his Memoirs. Modern biographies deal principally with his scientific achievements and ignore or play down his theological concerns. For an extended discussion of Priestley's millenarian views, see Clarke Garrett, Respectable Folly (Baltimore, 1975), pp. 126-143. " Priestley, Hartley's Theory of the Human Mind, on the Principle of the Association of Ideas... (London, 1775). [437] 438 HISTORY OF PHILOSOPHY Hartley, probably read Priestley's edition of his works.) For the most part, Priestley wrote long and controversial works on theology. His scientific achievements stem from his friendship with Benjamin Franklin and Richard Price, who encouraged him to write a history of discoveries in electricity. Franklin provided the resources for making the equipment. On the basis of the new material in his work, Priestley was nominated to the Royal Society by Franklin and Price. s Priestley's most famous scientific works came thereafter--his discovery of oxygen and his work on how the human body used oxygen. Later still, he became entangled in a controversy with Lavoisier over the phlogiston theory, Priestley upholding it, the French chemist opposing it. 6 Priestley was also active in politics, supporting radical causes. He supported John Wilkes, of whom Hume thoroughly disapproved, and was an early... (shrink)

Reductionism’s approach brings together many of the most interesting questions today in philosophy and in science . It also presents a brief history of how reductionism has developed in Western philosophy and religion, with reference to Indian philosophy on certain issues.

Richard H. Bell analyzes the social and political thought of Simone Weil, paying particular attention to Weil's concept of justice as compassion. Bell describes the ways in which Weil's concept of justice stands in contrast with liberal 'rights-based' views of justice, and focuses upon central aspects of her thought, including 'attention,' human suffering and 'affliction,' and the importance of 'a spiritual way of life' in reshaping the individual's role in civic life.

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 127 seems to imply. Of course, this critique can easily be dismissed as asking for a book that Krieger did not wish to write. His method has produced important results, for Krieger has discerned developmental trends overlooked by others. Otherwise, the only area that I think needs further discussion is Ranke's conception of the nature and function of science. Krieger seems to imply that science automatically means (...) a nomological approach modeled upon the mechanical physical sciences. But Ranke was nourished in an atmosphere where science was often equated with Naturphilosophie. Certainly, Ranke's language is filled with images and terms popularized by Naturphilosophen. Ranke's quest for a science of history may fit very nicely with the ideal dimension of his thought if the science that he is talking about is analogous to Naturphilosophie. It may turn out that the basic polarity in Ranke's idea of history is an analytic construct that has little meaning for Ranke's own intentions. Krieger ends his study with a chapter devoted to the meaning of Ranke's work for modem historiography. It is the dialectical synthesis of the whole study. After recapitulating Ranke's achievements, Krieger then emphasizes the breach that separates Ranke from our conceptual world. We no longer share Ranke's beliefs or values. In fact, for most of us "he must seem simply archaic, and the more he is himself historically restored the more archaic he must seem" (p. 355). For the reader who had to struggle through this difficult book and to contend with Professor Krieger's passion for complex dependent clauses, this announcement appears as a grand denouement. But the shock is only temporary. Krieger's assertion of the differences that separate Ranke from us serves as a warning to those who still take Ranke's approach as an objective model for historical reconstruction. The deeper meaning of Ranke's view of history is the affirmation of history as an autonomous and independent form of knowledge. "History is an inimitable way of rendering comprehensible modes of humanity which must otherwise be incomprehensible" (p. 356). This form of knowledge, which is devoted "to the actual but equipped with a language of common sense organized around the categorical," proceedes by arranging things along a time line (p. 357). Here Krieger launches a spirited counterattack against those modem theorists who have questioned the viability of history as an independent form of knowledge or who have minimized the importance of developmental analysis, preferring instead to concentrate upon relatively static deep structures. Krieger's study affirms Ranke's project in its most general sense; that history is a cumulative logic of the actual, "the meeting ground of philosophy, science, and cataclysmic experience" (p. 356). And it serves, at the same time, as a positive demonstration that a developmental analysis does impart knowledge that other approaches cannot achieve. In this sense, Krieger's masterful study of Ranke reaffirms Ranke's central position as a founding father of modem historical thought. PETER HANNS REILL University of California, Los Angeles Arthur Quinn. The Confidence of British Philosophers:An Essay in Historical Narrative. Leiden: E. J. Brill, 1977. Pp. xii + 289. Gld. 80. This is a remarkable book. Almost all of it is a study, very well researched and presented, of four major English philosophical movements: Newtonians, the Utilitarians, the Oxford Hegelians, and the Russell, G. E. Moore, and Whitehead group. The study shows the initial enthusiasm, optimism, and confidence of each of the groups. Each believed that it had found a way to solve the intellectual and perhaps moral and social problems of mankind. As each movement developed, the confidence slowly eroded when philosophical problems and difficulties failed to disappear. The picture Quinn presents of these movements is very interesting. He has grouped together 128 HISTORY OF PHILOSOPHY much detail that makes us see the original intentions of the leaders of each of these movements. He also deftly shows how as stumbling blocks arose each movement lowered its goals and began to fade. Employing a very wide range of printed sources, Quinn presents a series of convincing vignettes, and in so doing be often reveals features of these movements that have been... (shrink)

It has become popular to portray the Buddhist Nāgārjuna as an ontological nihilist, i.e., that he denies the reality of entities and does not postulate any further reality. A reading of his works does show that he rejects the self-existent reality of entities, but it also shows that he accepts a "that-ness" to phenomenal reality that survives the denial of any distinct, self-contained entities. Thus, he is not a nihilist concerning what is real in the final analysis of things. How (...) Nāgārjuna’s positions impact contemporary discussions of ontological nihilism and deflationism in Western philosophy is also discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 263 Blaise Pascal, Pensdes sur la Religion et sur quelques autres su/ets. Edited by Jean Steinmann. (Monaco: Editions du Rocher, 1961. Pp. 505 + tables and 3 portraits of Pascal. 16.80 N.F.) This edition of the Pensdes by the late Abb~ Steinmann claims to be the first to utilize the radical discoveries of Tourneur and Lafuma and to incorporate the revisions of the text resulting from their (...) work, while presenting a readable Pascal, unencumbered by tons of erudition. The achievement of Tourneur and Lafuma is one of the most remarkable of modern scholarship. They have shown that the standard text of Pascal was not that which the author left to posterity, and that the manuscript copy (not in Pascal's hand) in the Biblioth~que National, 9203, preserves Pascal's original organization to the extent that he had completed his work, and preserves Pascal's order of the remaining fragments; whereas the holograph manuscript, BN.9202, represents a posthumous ordering of the materials from the early eighteenth century. On the basis of a really fantastic amount of detailed analysis of the paper, the ink, the glue, etc., Tourneur and Lafuma have brought about a monumental revision of the text of one of France's major classics, three centuries after the author's death. It is now finally possible, after a wide variety of reconstructions over a period of almost 300 years since the first edition of the Pensdes, to read the work as Pascal left it, and to see it in the form that Pascal had given it. The revised edition put out by I.afuma in 1951 was primarily a scholar's edition, incorporating all the details that were vital in convincing people that BN.Ms.9203 was the correct text, and that it contained a mine of information about variants. The present edition by Steinmann is an attempt to present the revised text without all of the encumbrances of scholarship, thereby preserving the Pens~es as a readable document. This edition is elegantly printed, following the main classifications of the Lafuma edition, with some of the variants appearing in the margins, and lots of notes in the back giving translations of Biblical and other texts, and some relevant data. In some of the sections the order of the Pens~es differs to some extent from Lafuma's text, and no explanation is offered for the variation. The excellent printing, separation of variants from text, and the absence of footnotes certainly make Steinmann's edition easily readable. The volume includes a section of personal notes of Pascal not intended for publication ("The Memorial," "Mystery of Jesus," and other items), twenty-seven sections classified by Pascal, and the unclassified Pens~es, given in the order of BN.Ms.9203 (excluding the sections on miracles, on the grounds that these were not intended as part of the same work). One grave difficulty in using any of the revised editions is that of locating passages known according to their numbers in the Brunschvicg edition. Stcinmann offers a concordance which is only partially helpful, giving the pages in his edition on which the Brunschvicg items appear. This makes it difficult to identify the Brunschvicg equivalent of one of Steinmann's passages, but not vice versa. This problem, and several others, have been solved in a more recent edition done by Lafuma (Pascal, Oeuvres completes, Macmillan, 1963). Lafuma has presented the text with each pens~e having two numbers, its new one as it appears in the revised text and its Brunschvicg number. (Thus the crucial text on the Wager is now 418-233. Steinmann did not number the individual pens~es.) The variants are given in parentheses in italics, and other features of the author's original are preserved without causing confusion or clutter. On the whole, if one wants to read the "new" Pensdes, with enough additional data, guidelines, and the like, this most recent Lafuma edition seems preferable to Steinmann's because it is more scholarly, and yet easier to follow with the notes, the variants and the numbers 264 HISTORY OF PHILOSOPHY right at hand, without getting in the way. If it had been printed in... (shrink)

The author suggests that law is best represented, understood, and taught in the form of open‐ended, defeasible, normative, conditional propositions. The meaning, role, and significance of defeasibility is explained by presenting three ‘canonical forms’ and by distinguishing exceptions and overrides. The role of equity in the law of contract, as understood by the author, is taken as an exemplar of override and parallels are drawn with policy in the English law of tort and with mercy in the criminal law of (...) England and Wales. The third and preferred canonical form is sequenced and internally differentiated and seeks a satisfactory middle way between all‐or‐nothing rules and wild‐card discretion and a reconciliation of the surface demands of legal rules and the deeper values embedded in law. The suggested approach therefore resists closure and seeks a conceptual restructuring of law which opens it up to the influence of notions such as justice and equity and locates them as open‐ended conditions of defeasance inhabiting the express or implied ‘unless…’ clause which is taken to be an element in every fully‐formed statement of law. This approach accommodates law as a locus not only of traditional rule‐based reasoning, but also of open‐ended internal moral reasoning invoking deeper values inherent in law and only imperfectly captured and implemented by formal legal rules. (shrink)

I make three points. First, the i-frame and s-frame are not helpful frameworks for thinking about behavioral public policy. Second, the authors ignore the role of politics: Policies (and the s-frame) require laws and regulations. Third, the research on retirement savings, which is all about the system, undercuts their claims.

Managerialism is not mere ideology, a concatenation of ideas subsisting in an epiphenomenal superstructure (Überbau) that mirrors economic relations (Base) and masks interests, but a set of practices that, as an extreme manifestation of human resources management (HRM), seeks to constitute the life-world (Lebenswelt) of participants in many sectors of society. Increasingly, it is those at the extremes of elite wealth and marginal poverty who may fall outside its remit and become free to think beyond its parameters. As inheritor of (...) personnel management, HRM as practice and ideology fills a societal vacuum and comes to exercise the power of totalizing social construction. In an integral performance culture the Performative Absolute emerges in the imaginary; it is an immanent sublime that instantiates and regulates the social being of the individual. This apotheosis of the 'manager's right to manage' overrides boundaries between public and private spheres and dissolves the separation of powers. As 'human resource', the employee is subject to living sacrifice; this is an oblation that demands ethical and theological critique. (shrink)

It is tempting to think that we have heard just about all we want or need to know about race. As the above quotes indicate, modern notions of race have always revolved around the faculty of vision, with supplementary contributions from other senses such as hearing, as Arendt notes in a tacit allusion to one mark of Jewish difference—the way they sounded when concentrated in urban settings. Yet two very recent works—Mark M. Smith's How Race Is Made and Anne C. (...) Rose's Psychology and Selfhood in the Segregated South —have much to teach us about how race has “worked”, particularly in the twentieth-century South but also, by implication, in the United States in general. Both works assume that, historically, race is no mere add-on to the self, a kind of externality that, once detected, can be relatively easily excised. Rather, it stands right at the heart of personal and group identity in a nation where race and ethnicity continue to assume surprising new shapes and forms. (shrink)

Scientific interest in drug-induced mystical experiences reemerged in the 1990s. This warrants reexamining the philosophical issues surrounding such studies: Do psychedelic drugs cause mystical experiences? Are drug-induced experiences the same in nature as other mystical experiences? Does the fact that mystical experiences can be induced by drugs invalidate or validate mystical cognitive claims? Those questions will be examined here. An overview of the scientific examination of drug-induced mystical experiences is included, as is a brief overview of the history of the (...) use of psychedelic drugs in religion. (shrink)

2022 CHOICE Outstanding Academic Title The purpose of this book is to fill a gap in contemporary mystical studies: an overview of the basic ways to approach mystical experiences and mysticism. It discusses the problem of definitions of “mystical experiences” and “mysticism” and advances characterizations of “mystical experiences” in terms of certain altered states of consciousness and “mysticism” in terms of encompassing ways of life centered on such experiences and states. Types of mystical experiences, enlightened states, paths, and doctrines are (...) discussed, as is the relation of mystical experiences and mysticism to religions and cultures. The approaches of constructivism, contextualism, essentialism, and perennialism are presented. Themes in the history of the world’s major mystical traditions are set forth. Approaches to mystical phenomena in sociology, psychology, gender studies, and neuroscience are introduced. Basic philosophical issues related to whether mystical experiences are veridical and mystical claims valid, mystics’ problems of language, art, and morality are laid out. Older and newer comparative approaches in religious studies and in Christian theology are discussed, along with postmodernist objections. The intended audience is undergraduates and the general public interested in the general issues related to mysticism. (shrink)

In this book, Jones methodically challenges both the claim that theological doctrines are the source of modern science and the idea that theology has the right to control the content of all scientific theories.

Neuroscientific scanning of meditators is taken as providing data on mystical experiences. However, problems concerning how the brain and consciousness are related cast doubts on whether any understanding of the content of meditative experiences is gained through the study of the brain. Whether neuroscience can study the subjective aspects of meditative experiences in general is also discussed. So too, whether current neuroscience can establish that there are “pure consciousness events” in mysticism is open to question. The discussion points to limitations (...) on neuroscience's capability to add to our understanding of the phenomenological content of mystical experiences. (shrink)