More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. (...) Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey. (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)

It must be considered that a man who only does what everyone of the society to which he belongs would do is not a dishonest man.A lack of confidence in the ability of a tribunal correctly to estimate evidence of states of mind and the like can never be sufficient ground for excluding from enquiry the most fundamental element in a rational and humane criminal code.

ABSTRACT If it could be shown that law is, in some sense, a moral system the apparent contradiction between (moral) autonomy and (legal) heteronomy might be challenged. In order to prepare for such a challenge this paper questions the prevailing view that law is not in the business of enforcing morals. That is done primarily by using decisions of the criminal courts to show that the law does not always criminalise conduct merely to prevent harm to others. Paternalism is distinguished (...) from the harm principle in order to show that the law (rightly or wrongly) sometimes seeks to secure that which is (thought to be) morally good, irrespective of the prevention of harm, at least overall harm. If such an insight is well founded there are consequences for legal theory in that neither of the ruling paradigms (naturalism and positivism) seems able adequately to accommodate the view of law which emerges. Consequently, an attempt is made in the essay to develop a middle theory of law, between naturalism and positivism, which is referred to as ‘normative positivism‘. The theory presented has, in turn, consequences for political practice. If law can be seen as community morality rather than as merely the morality of officials, then everyone has a stake in the moral content of law and there may be good moral reasons for disobeying official laws. Civil disobedience is the citizen's ultimate resort against the official morality that has appropriated to itself the eulogistic name of ‘law‘. That law may be seen as community morality also calls into question some ruling paradigms as to the nature of morality but, if the claim can be sustained, then the legal system may be seen as applied moral philosophy in action. (shrink)

Given statements like these about current developments in intellectualizing about law in America it is an exciting time to look at American legal philosophy. Given the ferment in the law schools and the volume of literature in the law journals it is also a difficult task confidently to extract the main lines of current thought and adequately to assess the significance of current intellectual movements. American lawyers are inclined to point out that there is no such thing as ‘American law’. (...) Rather, in addition to Federal law and the Supreme Court's jurisdiction there are some fifty jurisdictions each with its own Constitution, Legislature and Supreme Court and consequently diversity rather than uniformity is the rule. Equally, the very idea that there is some single, coherent and widely accepted theory of law deserving description as ‘American legal philosophy’ obviously begs all manner of significant questions. (shrink)

This book presents papers that deal with Hans Kelsen's legal philosophy, and includes contributions from Hedley Bull, J.W. Harris, Phillip Pettit, Joseph Raz, Jes Bjarup, and Stanley L. Paulson.

Those who campaign for law reform to permit “euthanasia” may seek different things and at least some of what they seek may already be permissible under the criminal law of England and Wales. In this paper I examine one means whereby the criminal law delivers outcomes acceptable to the euthanasia lobby, that is the curious notion of “causation” deployed by the law, which adds a value override to the more usual notion of factual causation such that, for example, if medical (...) treatment falls within the acceptable range as normal and proper, the pre–existing injury or illness is treated as exclusively the cause of death and the doctor escapes criminal liability, even where the medical treatment will shorten life to the certain knowledge, possibly even the wish, of the doctor. Thus the law may already be delivering a range of outcomes — euthanasia in a weak sense — acceptable to the euthanasia lobby. If so, it achieves this by stealth. That is inappropriate to the doctor–patient relationship, which is one of trust. So there is a strong case for greater transparency. Moreover, there are limits to the acceptable outcomes which an unreformed criminal law can deliver and in a range of cases the criminal law condemns the doctor to impotence and the patient to a prolonged, miserable and undignified death. So there is also a case for going beyond the current law and legalising euthanasia in a strong sense. (shrink)

I argue that the duty of confidentiality is relative, not absolute; and that it is primarily a matter for the professional judgment of the reflective health practitioner to determine in the particular case whether competing public interests (or other compelling reasons) override that duty. I have supported that account with an analysis of medical practice as a recourse role and with an account of law that emphasises not only its duty‐imposing character but also, and crucially, an embedded liberty to depart (...) from the plain requirements of a primary legal rule where in the conscientious judgment of the addressee of that law, there is ‘damn good reason’ to do so. This account of the moral nullification of law at the outer limits appears to be descriptively accurate over a wide range of law and normatively appealing not only to democratic citizens but also to professionals such as doctors and lawyers whose role involves testing the law on moral grounds and who should be ready to do so, if but only if, they believe in the good faith exercise of professional judgment that the outcome mandated by the literal application of the legal rule is inconsistent with the moral mission of their role. The argument is illustrated with cases from American and English courts which, perhaps, render plausible the otherwise paradoxical notion that the law itself admits of departures from the legal rules. (shrink)

This article examines how modern Chinese Buddhism has been influenced by Christianity. For our purposes ‘modern Chinese Buddhism’ refers to a form of what has become known in the West as ‘Engaged Buddhism’, but in Chinese is known by titles which can be translated ‘Humanistic Buddhism’ or ‘Buddhism for Human Life’. This tradition was initiated on the Chinese mainland between the two World Wars by the monk Tài X?, and Part one of the article is devoted to him. Since the (...) communist conquest of China, its main branches have flourished in Taiwan, whence two of them have spread worldwide. The most successful, at least in numerical terms, has been Fo Guang Shan, founded by a personal disciple of Tài X?, Hsing Yun, now very old, and it is on this movement that we concentrate in Parts two and three. We differentiate between conscious imitation and analogous development due to similar social circumstances, and show how Protestant Christianity and Roman Catholicism have had different effects. In Part four, we examine Fo Guang Shan as a missionary religion. (shrink)

Bu makalede, bilim felsefecisi kimliğiyle tanınan Thomas Kuhn’un eğitim ve özellikle fen eğitimi alanındaki görüşlerine değinilmektedir. Fen eğitimi, bilim, bilimin doğası ve bilim uygulamaları hakkında düşünceler geliştirmeye odaklanarak fen öğrenimi için gerekli olan beceri ve anlayışın geliştirilmesini amaçlamaktadır. Fen eğitiminin temel amaçlarından biri bilimin gerçek doğasının tespit edilmesi ve bu doğrultuda bir eğitim modelinin belirlenmesidir. Bu çerçevede Kuhn’un bilim tarihine yönelik incelemeleri neticesinde ileri sürdüğü paradigma kavramı bilimin doğası ve fen eğitimi konusundaki görüşlerin değişimine yol açmıştır. Kuhn açısından fen eğitimi (...) yürürlükteki bilim yapma tarzının temelinde yatan paradigma ve öğretilerinin bilim insanlarına ve öğrencilere aktarılması sürecidir, bu nedenle fen eğitimi yalnızca olağan bilim döneminde mümkündür. Kuhn’un eğitim modeli, mevcut paradigmayla ilişkili olarak karşılaşılan bulmaca ya da sorunları çeşitli örneklerden hareketle tekrar tekrar çözmeye çalışan öğrenciler aracılığıyla gerçekleştirilir. Kuhn’un olağan bilimin sınırları içerisinde kalarak değerlendirdiği fen eğitimi anlayışı eleştirel düşünceyi engellediği iddiasıyla Karl Popper, John Watkins ve Richard Bailey tarafından katı, tutucu, dogmatik ve endoktrinasyonu vurgulayan bir eğitim anlayışı olarak görülmektedir. Bu çerçevede makalede, öncelikli olarak Kuhn’un bilimin doğası ve bilimin gelişim tarzına yönelik belirlemeleri doğrultusunda fen eğitimine yönelik düşünceleri ve bu düşüncelerin eğitim alanındaki yansımaları incelenmektedir. Ardından, Kuhn’un fen eğitimi üzerine görüşlerinin iddia edildiği gibi dogmatik bir yapıda olmadığı, endoktrinasyonu ya da zorla öğretimi vurgulamadığı, bu tür yorumların radikal bir yaklaşımdan öteye gidemediği ileri sürülmektedir. Son olarak makalede, Kuhn’un fen eğitimi anlayışının yalnızca bir durum tespiti ya da bir fen eğitimi tasviri olarak değerlendirilmesi gerektiği düşüncesi ön plana çıkarılmaktadır. -/- In this article, Thomas Kuhn’s impact, who is known as a philosopher of science, on science education are mentioned. Science education aims to develop the skills and understanding necessary for science learning, with a focus on developing ideas about science and the nature of science. One of the main purposes of science education is to determine the true nature of science and to determine an education model in this direction. In this context, the concept of paradigm, which Kuhn put forward as a result of his studies on the history of science, has led to a change in views on the nature of science and science education. For Kuhn, science education is the process of conveying the paradigm underlying the current way of doing science to scientists and students because science education is possible only in the normal science period. Kuhn’s educational model is carried out through students who repeatedly try to solve puzzles or problems encountered in relation to the current paradigm. Kuhn’s understanding of science education is seen by Karl Popper, John Watkins and Richard Bailey as a rigid, conservative, dogmatic and indoctrinational education approach with the claim that it prevents critical thinking. In this context, the article primarily examines Kuhn’s thoughts on science education and the reflections of these thoughts in the field of education. Then, it is argued that Kuhn’s views on science education are not dogmatic as claimed, he does not emphasize indoctrination, and that such interpretations cannot go beyond a radical approach. Finally, in the article, it is emphasized that Kuhn’s understanding of science education should be evaluated only as a description of science education. (shrink)

Few philosophers have left a legacy like that of Gottfried Wilhelm Leibniz. He has been credited not only with inventing the differential calculus, but also with anticipating the basic ideas of modern logic, information science, and fractal geometry. He made important contributions to such diverse fields as jurisprudence, geology and etymology, while sketching designs for calculating machines, wind pumps, and submarines. But the common presentation of his philosophy as a kind of unworldly idealism is at odds with all this bustling (...) practical activity. In this book Richard. T. W. Arthur offers a fresh reading of Leibniz’s philosophy, clearly situating it in its scientific, political and theological contexts. He argues that Leibniz aimed to provide an improved foundation for the mechanical philosophy based on a new kind of universal language. His contributions to natural philosophy are an integral part of this programme, which his metaphysics, dynamics and organic philosophy were designed to support. Rather than denying that substances really exist in space and time, as the idealist reading proposes, Leibniz sought to provide a deeper understanding of substance and body, and a correct understanding of space as an order of situations and time as an order of successive things. This lively and approachable book will appeal to students of philosophy, as well as anyone seeking a stimulating introduction to Leibniz's thought and its continuing relevance. (shrink)

Since its publication in 1994, Richard McKirahan's _Philosophy Before Socrates_ has become the standard sourcebook in Presocratic philosophy. It provides a wide survey of Greek science, metaphysics, and moral and political philosophy, from their roots in myth to the philosophers and Sophists of the fifth century. A comprehensive selection of fragments and testimonia, translated by the author, is presented in the context of a thorough and accessible discussion. An introductory chapter deals with the sources of Presocratic and Sophistic texts (...) and the special problems of interpretation they present. In its second edition, this work has been updated and expanded to reflect important new discoveries and the most recent scholarship. Changes and additions have been made throughout, the most significant of which are found in the chapters on the Pythagoreans, Parmenides, Zeno, Anaxagoras, and Empedocles, and the new chapter on Philolaus. The translations of some passages have been revised, as have some interpretations and discussions. A new Appendix provides translations of three Hippocratic writings and the Derveni papyrus. (shrink)

Living with people who differ—racially, ethnically, religiously, or economically—is the most urgent challenge facing civil society today. We tend socially to avoid engaging with people unlike ourselves, and modern politics encourages the politics of the tribe rather than of the city. In this thought-provoking book, Richard Sennett discusses why this has happened and what might be done about it. Sennett contends that cooperation is a craft, and the foundations for skillful cooperation lie in learning to listen well and discuss (...) rather than debate. In _Together_ he explores how people can cooperate online, on street corners, in schools, at work, and in local politics. He traces the evolution of cooperative rituals from medieval times to today, and in situations as diverse as slave communities, socialist groups in Paris, and workers on Wall Street. Divided into three parts, the book addresses the nature of cooperation, why it has become weak, and how it could be strengthened. The author warns that we must learn the craft of cooperation if we are to make our complex society prosper, yet he reassures us that we can do this, for the capacity for cooperation is embedded in human nature. (shrink)

One way in which the characteristic gestures of philosophy and criticism differ from each other lies in their involvements with disillusionment, with the undoing of our naivete, especially regarding what we take ourselves to know about the meaning of what we say. Philosophy will often find less than we thought was there, perhaps nothing at all, in what we say about the “external” world, or in our judgments of value, or in our ordinary psychological talk. The work of criticism, on (...) the other hand, frequently disillusions by finding disturbingly more in what is said than we precritically thought was there. In our relation to the meaningfulness of what we say, there is a disillusionment of plentitude as well as of emptiness. And no doubt what is “less” for one discipline may be “more” of what someone else is looking for.In recent years, metaphor has attracted more than its share of both philosophical and critical attention, including philosophical denials of the obvious, as well as critical challenges to the obviousness of the ways we talk about metaphor. In this paper I discuss a problem of each sort and suggest a complex of relations between them. The particular denial of the obvious that I’m interested in is the claim recently made by Donald Davidson that “a metaphor doesn’t say anything beyond its literal meaning ,” nor is it even correct to speak of metaphor as a form of communication.1 There’s disillusionment with a vengeance; and even if not strictly believable, it is still not without its therapeutic value, as we shall see. 1. Donald Davidson, “What Metaphors Mean,” in On Metaphor, ed. Sheldon Sacks , p. 30; hereafter abbreviated “WMM.” Davidson’s view has found supporters among both philosophers and literary theorists. It is, for example, important to the early argument of Richard Rorty’s recent book. See his Contingency, Irony, and Solidarity , p. 18. Richard Moran is an assistant professor of philosophy at Princeton University. He is currently working on a book on subjectivity and contemporary concepts of personhood. (shrink)

BackgroundIn this study, medical errors are defined as unintentional patient harm caused by a doctor’s mistake. This topic, due to limited research, is poorly understood in Malaysia. The objective of this study was to determine the proportion of doctors intending to disclose medical errors, and their attitudes/perception pertaining to medical errors.MethodsThis cross-sectional study was conducted at a tertiary public hospital from July- December 2015 among 276 randomly selected doctors. Data was collected using a standardized and validated self-administered questionnaire intending to (...) measure disclosure and attitudes/perceptions. The scale had four vignettes in total two medical and two surgical. Each vignette consisted of five questions and each question measured the disclosure. Disclosure was categorised as “No Disclosure”, “Partial Disclosure” or “Full Disclosure”. Data was keyed in and analysed using STATA v 13.0.ResultsOnly 10.1% intended to disclose medical errors. Most respondents felt that they possessed an attitude/perception of adequately disclosing errors to patients. There was a statistically significant difference when comparing the intention of disclosure with perceived disclosures. Most respondents were in common agreement that disclosing an error would make them less likely to get sued, that minor errors should be reported and that they experienced relief from disclosing errors.ConclusionMost doctors in this study would not disclose medical errors although they perceived that the errors were serious and felt responsible for it. Poor disclosure could be due the fear of litigations and improper mechanisms/procedures available for disclosure. (shrink)

Most individuals realise that we have a moral obligation to avoid the evils of war. But this realization raises a host of difficult questions when we, as responsible individuals, witness harrowing injustices such as ""ethnic cleansing"" in Bosnia or starvation in Somalia. With millions of lives at stake, is war ever justified? And, if so, for what purpose? In this book, Richard J. Regan confronts these controversial questions by first considering the basic principles of just-war theory and then applying (...) those principles to historical and ongoing conflicts. Part One presents two opposing viewpoints: first, that war is not subject to moral norms and, second, that war is never morally permissible. The author rejects both perspectives, and moves to define the principles of just-war theory. He evaluates the roles of the president, Congress and, most importantly, the UN Security Council in determining when long-term US military involvement is justified. The moral limits of war conduct and the moral problem of using, or threatening to use, nuclear weapons are also discussed. On the just cause to wage war, Regan argues that defense of nations and nationals - whether in self-defense or in defense of others - remains the ""only"" classical cause that in the modern world would justify resorting to war. With respect to military intervention in secessionist and revolutionary wars, he contends that such intervention might be justified, but that prudence dictates extreme caution. In considering acceptable war conduct, Regan elaborates the specific principle of discrimination and proportionality; he maintains that civilians uninvolved in the enemy's war should not be directly targeted and that the costs of military action must be proportionate to the anticipated benefits of destroying military targets. The second part of the book presents case studies of eight historical wars - World War I, the Vietnam War, the Falklands War, the revolution and civil war in Nicaragua, the civil war in El Salvador, the Gulf War, the intervention in Somalia, and the Bosnian War - and poses several provocative questions about each. It invites readers and students to apply just-war principles to complex war-related situations and to understand the factual contingencies involved in moral judgements about war decisions. The book should be of particular interest to students of the moral issues of international relations and to readers interested more generally in philosophy, theology and political science. (shrink)

I think … we ought to distinguish two sense of “deconstruction.” In one sense the word refers to the philosophical projects of Jacques Derrida. Taken this way, breaking down the distinction between philosophy and literature is essential to deconstruction. Derrida’s initiative in philosophy continues along a line laid down by Friedrich Nietzsche and Martin Heidegger. He rejects, however, Heidegger’s distinctions between “thinkers” and “poets” and between the few thinkers and the many scribblers. So Derrida rejects the sort of philosophical professionalism (...) which Nietzsche despised and which Heidegger recovered. This does indeed lead Derrida in the direction of “a general, undifferentiated textuality.” In his work, the philosophy-literature distinction is, at most, part of a ladder which we can let go of once we have climbed up it.In a second sense of “deconstruction,” however, the term refers to a method of reading texts. Neither this method, nor any other, should be attributed to Derrida—who shares Heidegger’s contempt for the very idea of method.2 But the method exists, and the passage I have quoted from Culler describes one of its essential features. Culler is quite right to say that deconstruction, in the second sense, needs a clear distinction between philosophy and literature. For the kind of reading which has come to be called “deconstructionist” requires two different straight persons: a macho professional philosopher who is insulted by the suggestion that he has submitted to a textual exigency, and a naive producer of literature whose jaw drops when she learns that her work has been supported by philosophical oppositions. The philosopher had thought of himself as speaking a sparse, pure, transparent language. The poetess shyly hoped that her unmediated woodnotes might please. Both reel back in horror when the deconstructionist reveals that each has been making use of complex idioms to which the other has contributed. Both go all to pieces at this news. A wild disorder overtakes their words. Their whimpers lend into interminable androgynous keening. Once again, deconstructionist intervention has produced a splendidly diffuse irresolution. Richard Rorty is Kenan Professor of Humanities at the University of Virginia. He is the author of Consequences of Pragmatism and is currently writing a book on Martin Heidegger. (shrink)

The mere exposure phenomenon (repeated exposure to a stimulus is sufficient to improve attitudes toward that stimulus) is one of the most inspiring phenomena associated with Robert Zajonc’s long and productive career in social psychology. In the first part of this article, Richard Moreland (who was trained by Zajonc in graduate school) describes his own work on exposure and learning, and on the relationships among familiarity, similarity, and attraction in person perception. In the second part, Sascha Topolinski (a recent (...) graduate who never met Zajonc, but found his ideas inspirational) describes his own work concerning embodiment and fluency in the mere exposure effect. Also, several avenues for future research on the mere exposure phenomenon are identified, further demonstrating its continuing relevance to the field. (shrink)

Some theorists who accept the existence of global justice duties to alleviate the condition of distant needy strangers hold that these duties are significantly constrained by special ties to fellow countrymen. The patriotic priority thesis holds that morality requires the members of each nation-state to give priority to helping needy fellow compatriots over more needy distant strangers. Three arguments for constraint and patriotic priority are examined in this essay: an argument from fair play, one from coercion, another from coercion and (...) autonomy. Under scrutiny, none of these arguments qualifies as successful. (shrink)

We show that Dedekind, in his proof of the principle of definition by mathematical recursion, used implicitly both the concept of an inductive cone from an inductive system of sets and that of the inductive limit of an inductive system of sets. Moreover, we show that in Dedekind’s work on the foundations of mathematics one can also find specific occurrences of various profound mathematical ideas in the fields of universal algebra, category theory, the theory of primitive recursive mappings, and set (...) theory, which undoubtedly point towards the mathematics of twentieth and twenty-first centuries. (shrink)

My colleague E. D. Hirsch has skillfully developed the consequences for literary interpretation of a “realistic” epistemological position which he formulates as follows: “If we could not distinguish a content of consciousness from its contexts, we could not know any object at all in the world.” Given that premise, it is easy for Hirsch to infer that “without the stable determinacy of meaning there can be no knowledge in interpretation.”1 A lot of people disagree with Hirsch on the latter point, (...) and they look to philosophy for replies to the premise from which it was inferred. But it is not clear where in philosophy they should look: To epistemology? Ethics?2 Philosophy of language? What Jacques Derrida calls “a new logic, … a graphematics of iterability”?3 Where do we find first principles from which to deduce an anti-Hirsch argument?I want to argue that there is no clear or straight answer to this question and that there need be none. I shall begin by criticizing the strategy used against Hirsch and others by my fellow pragmatists Steven Knapp and Walter Benn Michaels. They think that one can start with philosophy of language and straighten things out by adopting a correct account of meaning. I share their desire to refute Hirsch, their admiration for Stanley Fish, and their view that “theory”—when defined as “an attempt to govern interpretations of particular texts by appealing to an account of interpretation in general”—has got to go . But they want to defend this position by exposing a mistake which they think common to all theory so defined: an error about the relation between meaning and intention. They assert that “what is intended and what is meant are identical” and that one will look for an “account of interpretation in general” only if one fails to recognize this identity . Such failure leads to an attempt to connect meaning and intention or to disconnect them . But such attempts must fail, for they presuppose a break “between language and speech acts” which does not exist . 1. E. D. Hirsch, Jr., The Aims of Interpretation , pp. 3, 1.2. See ibid., where Hirsch offers a “fundamental ethical maxim for interpretation” which, he says, “claims no privileged sanction from metaphysics or analysis” . Here and elsewhere Hirsch suggests that it may be ethics rather than epistemology which provides the principles that govern interpretation. There remain other passages, however, in which he retains the view, conspicuous in his earlier writings, that an analysis of the idea of knowledge is the ultimate justification for his approach.3. Jacques Derrida, “Limited Inc abc … , ” Glyph 2 : 219. Richard Rorty is Kenan Professor of Humanities at the University of Virginia. He is the author of Consequences of Pragmatism , among other works, and is currently writing a book on Martin Heidegger. His previous contribution to Critical Inquiry, “Deconstruction and Circumvention,” appeared in the September 1984 issue. (shrink)

Terror may have dire implications for the public’s behavior. According to Kirschenbaum (J Homel Secur Emerg Manag 3(1/3):1–33, 2006), in order to minimize the expected impact of a terror incident the public has to adopt a “survival strategy”. According to the underlying research hypothesis of the study, the longer the terror incidents continue, the more the public accepts the possibility that it will be in this situation for the long term; therefore, the extent of its deviation from its ordinary consumer (...) behavior steadily declines after each terror incident. By using daily trade data and an Event Studies econometric methodology, we found the existence of an adaptation trend among the consumer public. Thus, over time, the Israeli public internalized the realization that if it wishes to sustain a reasonable standard of living, it must minimize the disparity between its consumer economic behavior before a terror event and its behavior afterwards. Announcing more assassinations of terrorists was found to calm the public’s fears, when fears are judged by a return to more normal consumption patterns. Another finding is the existence of variance in the pace of this adaptation as a dependency of the type of good consumed: consistently, the adaptation is faster in regard to non-durable goods than to durable goods. This outcome is subject to interpretation, since durable goods may be viewed as “half-consumption goods, half-capital goods,” it stands to reason that capital goods would be more strongly affected than consumption goods. (shrink)

The original version of this article unfortunately contained a mistake: The equation on page 34 was incorrect. The corrected equation is given below.

After defining, for each many-sorted signature Σ = (S, Σ), the category Ter ( Σ ), of generalized terms for Σ (which is the dual of the Kleisli category for , the monad in Set S determined by the adjunction from Set S to Alg ( Σ ), the category of Σ -algebras), we assign, to a signature morphism d from Σ to Λ , the functor from Ter ( Σ ) to Ter ( Λ ). Once defined the mappings (...) that assign, respectively, to a many-sorted signature the corresponding category of generalized terms and to a signature morphism the functor between the associated categories of generalized terms, we state that both mappings are actually the components of a pseudo-functor Ter from Sig to the 2-category Cat . Next we prove that there is a functor Tr Σ , of realization of generalized terms as term operations, from Alg ( Σ ) × Ter ( Σ ) to Set , that simultaneously formalizes the procedure of realization of generalized terms and its naturalness (by taking into account the variation of the algebras through the homomorphisms between them). We remark that from this fact we will get the invariance of the relation of satisfaction under signature change. Moreover, we prove that, for each signature morphism d from Σ to Λ , there exists a natural isomorphism θ d from the functor to the functor , both from the category Alg ( Λ ) × Ter ( Σ ) to the category Set , where d * is the value at d of the arrow mapping of a contravariant functor Alg from Sig to Cat , that shows the invariant character of the procedure of realization of generalized terms under signature change. Finally, we construct the many-sorted term institution by combining adequately the above components (and, in a derived way, the many-sorted specification institution), but for a strict generalization of the standard notion of institution. (shrink)

The author examines the role of discourse in a democratically organized society, where socially significant issues are resolved through collective discussion and criticism of the parties' claims. Discourse is considered as a practice of communicative relations aimed at achieving social harmony. It appears as the highest instance of social life, which determines norms, values and individual aspects of social life. However, there are also difficulties that Karl Otto Apel faces in justifying democracy, in particular in the context of the existence (...) of "institutions of discourse". It is assumed that discourse as an institution should overcome the limits of other institutions. The author infers the ultimate nature of philosophical reasoning in transcendental pragmatics and insists on the defined institution of the transcendental language game as a meta-institution that encompasses rational conventions between social subjects. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' (...) War, a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

Friedrich Schleiermacher's groundbreaking work in theology and philosophy was forged in the cultural ferment of Berlin at the convergence of the Enlightenment and Romanticism. The three sections of this book include illuminating sketches of Schleiermacher's relationship to contemporaries, his work as public theologian as well as the formation and impact of his two most famous books, On Religion: Speeches to its Cultured Despisers and The Christian Faith. Richard Crouter examines Schleiermacher's stance regarding the status of doctrine, Church and political (...) authority, and the place of theology among the academic disciplines. Dedicated to the Protestant Church in the line of Calvin, Schleiermacher was equally a man of the university who brought the highest standards of rationality, linguistic sensitivity and a sense of history to bear upon religion. (shrink)

This authoritative new introduction draws on both Richard H. Popkin's unparalleled scholarship and a wealth of historical and philosophical sources to highlight the real influences behind Spinoza's thought. Popkin reconstructs Spinoza the man, and his theories, contrasting these findings with some of the popularity held misconceptions. Locating him within the context of his family and background, the author assesses the impact on Spinoza of everything from his infamous excommunication, to his affection for Euclidian geometry and the work of Descartes. (...) With a full account of Spinoza's groundbreaking Tractatus and Ethics, and an overview of his influence on both of his contemporaries and those who were to folow, this concise survey offers a variety of new perspectives, and will be warmly welcomed by students, scholars and interested readers alike. (shrink)

This essay describes modern American legal pragmatism. Its origins in pragmatist philosophy are traced, and it is compared with the law and economics movement in American law and the formalist style of Continental legal theory. The essay argues that the inevitability of legal pragmatism in America, and its dispensability in Europe, reflect fundamental institutional and cultural differences rather than mere accidents of history or legal thought.