The modern orthodoxy is that compensatory and gain-based damages are ‘alternative remedies’ for civil wrongdoing. As such, a claimant can only have judgment for one or other, and must elect which it is to be. This article prepares the ground for a re-examination of that rule by exploring its origins in patent cases, where the election requirement was firmly established in the 1870s by the House of Lords in Neilson v Betts and De Vitre v Betts. Closer examination of early (...) practice offers two important insights. The first is that the explanation given for the election requirement in Neilson v Betts, the ‘condonement theory’, was novel, and not orthodox. Pre-Neilson v Betts, courts had generally refused to allow a claimant to have both compensatory damages (as ‘damages’) and gain-based damages (as an ‘account of profits’). Nevertheless, that practice had more contingent, practical foundations than the Neilson v Betts orthodoxy suggests. It is best viewed as a practical response, in the prevailing institutional context, to the risk of excessive remedial cumulations. The second insight is that the relationship between the remedies is fundamentally determined by two factors: the prevailing conceptions of the remedies' nature and basis, and the procedural and institutional context within which the remedies are claimed and awarded. (shrink)

l i ver Cromwell delivered history's most famous rebuke to the heroworshiping that irons all subtlety into flawless cardboard: Mr. Lely, I desire you would use all your skill to paint my picture truly like me, and not flatter me at al l ; but remark all these roughnesses, pimples, warts, and everything as you see me, otherwise I will never pay a farthing for it. Helena Cronin, in The Ant and the Peacock , displays a raw talent clearly equal (...) to that of our finest portraitists, but has placed herself into a position even worse than Mr. Lely's. Cromwell's painter at least faced the subject himself; Cronin has produced an uncritical gloss upon a false and simplistic view that never was more than a caricature of Darwinian theory. (shrink)

¿Cómo entiende Jean-Luc Marion la relación entre conocer y amar, especialmente en el contexto histórico que él esboza a partir de la relación entre metafísica y la fenomenología de la donación? Este artículo sugiere que el fenómeno de aferrarse a sabiendas a una falsedad, especialmente como lo analiza San Agustín y lo desarrolla Marion, puede servir como camino para responder a dicha pregunta. La verdad ilumina de un modo que acusa a quien se aferra a una falsedad (veritas redarguens); en (...) el contexto histórico de la metafísica, quien queda así expuesto por la luz es el yo “demiúrgico”, cuyas pretensiones trascendentales divinas incluyen intenciones eróticas tan fuertes como las que se encuentran en el pensamiento pre- y post-metafísico. El análisis del fenómeno del apego al error sugiere que la estructura de la confessio agustiniana es intrínseca a cualquier compromiso filosófico con la verdad. (shrink)

_A Brief History of Analytic Philosophy: From Russell to Rawls_ presents a comprehensive overview of the historical development of all major aspects of analytic philosophy, the dominant Anglo-American philosophical tradition in the twentieth century. Features coverage of all the major subject areas and figures in analytic philosophy - including Wittgenstein, Bertrand Russell, G.E. Moore, Gottlob Frege, Carnap, Quine, Davidson, Kripke, Putnam, and many others Contains explanatory background material to help make clear technical philosophical concepts Includes listings of suggested further readings (...) Written in a clear, direct style that presupposes little previous knowledge of philosophy. (shrink)

"In this engaging study Professor Clark sets out to show that there are good philosophical reasons for theism, and Christian theism in particular. He travels the breadth of our intellectual engagement with the world, from ethics to scientific knowledge, and his journey is vigorously argued, fresh, lively and readable. He explores the assumptions which underpin our philosophical and everyday thinking alike, examines the construction of the arguments used to support them, and tests the sturdiness and the makeup of their props (...) and foundations." --Cover. (shrink)

This essay chiefly concerns the unity of self-consciousness expounded under the heading "the original synthetic unity of apperception" in Kant's transcendental deduction. It focuses mainly on Kant's identification of this unity with the understanding, the faculty of knowledge, with the aim of throwing light on the understanding and on knowledge as well as on synthetic unity.

The core thesis of this essay is that “progressive Confucianism” is a clear and viable category, a label for many though not all contemporary Confucians, which succeeds in capturing what is useful about so-called “liberal” Confucianism without suffering from various problems to which I show “liberal Confucianism” falls prey. The essay begins with examples of progressive Confucians being labeled as “liberal” in ways that are misleading. I next turn to the use of “liberal” by influential twentieth-century New Confucians and then (...) look at some contemporary theorists who are often labeled “liberal Confucians.” Overall, for reasons having to do both with content and with rhetoric, I argue that even some Confucians who have been content to be called “liberal Confucians” should resist this label and identify as progressive Confucians instead, although others with “dualcommitments” may still prefer “liberal Confucian” or even “Confucian liberal.” The essay concludes with some further clarification of the senses in which progressive Confucians use the idea of “progress.” . (shrink)

Karl Barth and the displacement of natural law in contemporary Protestant theology -- Development of the natural-law tradition through the high Middle Ages -- John Calvin and the natural knowledge of God the Creator -- Peter Martyr Vermigli and the natural knowledge of God the Creator -- Natural law in the thought of Johannes Althusius -- Francis Turretin and the natural knowledge of God the Creator.

Experimental natural philosophy was a mid-seventeenth-century development in which physical enquiry proceeded by connecting phenomena in an experimentally guided fashion, as opposed to attempting to account for them in terms of some underlying micro-corpuscular structure. The approach proved fruitful in two areas: Boyle’s experiments on the air pump and Newton’s experiments on the prism. This chapter argues that Lockean empiricism, which was subsequently taken to embody the principles behind Newtonianism, was an outcome of these developments and that it was worked (...) into an epistemological doctrine only when Locke encountered Malebranche’s vindication of the sole legitimacy of micro-corpuscularian explanation. The chapter reveals a form of empiricism—empiricism as a successor to, and refinement of, seventeenth-century experimental natural philosophy—which is intimately tied up with natural-philosophical practice, and is quite distinct from the speculative epistemology to which it is reduced in the rationalism and empiricism debates. (shrink)

Stephen Schiffer has recently claimed that the currently popular “hidden‐indexical” theory of belief reports is an implausible theory of such reports. His central argument for this claim is based on what he refers to as the “meaning‐intention” problem. In this paper, I claim that the meaning‐intention problem is powerless against the hidden‐indexical theory of belief reports. I further contend that the theory is in fact a plausible theory of such reports.

Leslie Stephen was a writer, philosopher and literary critic whose work was published widely in the nineteenth century. As a young man Stephen was ordained deacon, but he later became agnostic and much of his work reflects his interest in challenging popular religion. This two-volume work, first published in 1876, is no exception: it focuses on the eighteenth-century deist controversy and its effects, as well as the reactions to what Stephen saw as a revolution in thought. Comprehensive (...) and full of detailed analysis, this is an important work in the history of ideas. Volume 1 contains a thorough discussion of the arguments for and against deism, and of the state of theology at the end of the century. Volume 2 focuses on eighteenth-century moral philosophy, political philosophy, literature, and on the literary and religious reactions to the revolution in thought. It also discusses utilitarianism in depth. (shrink)

At the age of eighty-four, Thomas Hobbes wrote an autobiography in Latin elegaics. Unsurprisingly, it was not as widely read as his two great philosophical works, Leviathan and Behemoth, in which he laid out a set of sociopolitical theories that enraged many of the philosophers and moralists of Europe. In this comprehensive biography, first published in 1904, Sir Leslie Stephen charts the character and changes of Hobbes' thinking, from the scholasticism of his early Oxford education, to his later devotion (...) to geometry and deductive science. With an emphasis on personal influences, Stephen sets Hobbes and his work in the historical context of Hobbes' often difficult patrons, the Civil War, and the Restoration, providing an insight into the life of the eminent philosopher and into the tenets of early twentieth-century biographical writing. An interesting text for students of both philosophy and English literature. (shrink)

The unique discourse of Confucian ritual practice encompasses a powerful and sophisticated way of talking about individual fulfillment within the context of more substantive or universal conceptions of the good life. To make this case, I will consider both the text of the "Analects" and the influential readings of the "Analects" offered by Fingarette in "Confucius: The Secular as Sacred" and by Hall and Ames in "Thinking through Confucius". Though the two interpretive works are helpful in articulating the classical Confucian (...) contribution to the problem of balancing conformity and individuality, I will argue that an alternative reading is required to appreciate fully how values thought to embody and express the fullest humanity might be inculcated in ethical agents without undoing their individuality. Such an alternative is developed here. (shrink)

In exploring the nature of excess relative to a phenomenology of the limit, _Testing the Limit _ claims that phenomenology itself is an exploration of excess. What does it mean that "the self" is "given"? Should we see it as originary; or rather, in what way is the self engendered from textual practices that transgress—or hover around and therefore within—the threshold of phenomenologial discourse? This is the first book to include Michel Henry in a triangulation with Derrida and Levinas and (...) the first to critique Levinas on the basis of his interpolation of philosophy and religion. Sebbah claims that the textual origins of phenomenology determine, in their temporal rhythms, the nature of the subjectivation on which they focus. He situates these considerations within the broader picture of the state of contemporary French phenomenology, in order to show that these three thinkers share a certain "family resemblance," the identification of which reveals something about the traces of other phenomenological families. It is by testing the limit within the context of traditional phenomenological concerns about the appearance of subjectivity and ipseity that Derrida, Henry, and Levinas radically reconsider phenomenology and that French phenomenology assumes its present form. (shrink)

BRADLEY SK and CARTER B. Nursing Inquiry 2011; 18: 303–312 Deconstructing child and adolescent mental health: questioning the ‘taken‐for‐granted’…We present a critical deconstructive reading, seeking to problematise ‘taken‐for‐granted’ assumptions in child and adolescent mental health (CAMH). The start point for this critical reading is conventional ‘history‐telling’ within CAMH. The aim is not to take issue with the detail in such histories but to critically examine the texts, so as to highlight constructions that structure the presentation of conventional histories and possible (...) purposes that such constructions may serve. The argument is that such conventional histories leave key questions not just unanswered, but unconsidered – a tendency that can be seen throughout the CAMH literature more generally. Therefore, we then pursue critical discussion of how ‘taken‐for‐granted’ constructions of CAMH enabled psychiatry to successfully expand its power and influence to establish hegemony over ‘problem children’. We do not claim any closure to this critical reading; that is, we do not claim that our critical deconstructive reading is the only reading possible. Similarly, it is not presented in any sense as ‘final word’. Rather our hope for this work is that it might stimulate readers to question the ‘taken‐for‐granteds’ that we present, and indeed others that they might identify themselves. In so doing, it is our hope that creative dialogue might ensue. (shrink)

Descartes' The World offers the most comprehensive vision of the nature of the world since Aristotle, and is crucial for an understanding of his later writings, in particular the Meditations and Principles of Philosophy. Above all, it provides an insight into how Descartes conceived of natural philosophy before he started to reformulate his doctrines in terms of a sceptically driven epistemology. Of its two parts, the Treatise on Light introduced the first comprehensive, quantitative version of a mechanistic natural philosophy, supplying (...) a theory of matter, a physical optics, and a cosmology. The Treatise on Man provided the first comprehensive mechanist physiology. This volume also includes translations of material important for an understanding of the work: related sections from the Dioptrics and the Meteors, and an English translation of the complete text of The Description of the Human Body. (shrink)

This volume collects the best and most influential essays that Stephen Stich has published in the last 40 years on topics in the philosophy of mind and the philosophy of language. They discuss a wide range of topics including grammar, innateness, reference, folk psychology, eliminativism, connectionism, evolutionary psychology, simulation theory, social construction, and psychopathology. However, they are unified by two central concerns. The first is the viability of the commonsense conception of the mind in the face of challenges posed (...) by both philosophical arguments and empirical findings. The second is the philosophical implications of research in the cognitive sciences which, in the last half century, has transformed both our understanding of the mind and the ways in which the mind is studied. The volume includes a new introductory essay that elaborates on these themes and offers an overview of the papers that follow. (shrink)

This paper examines the way Charles Darwin applied his domestic breeding analogy to the practical workings of species evolution: that application, it is argued, centered on Darwin's distinction between methodical and unconscious selection. Methodical selection, which entailed pairing particular individuals for mating purposes, represented conditions of strict geographic isolation, obviously useful for species multiplication (speciation). By contrast, unconscious selection represented an open landmass with a large breeding population. Yet Darwin held that this latter scenario, which often would include multiple ecological (...) subdistricts and thus partial isolation, was better suited for speciation than were isolated conditions. At the same time, many passages in Darwin's writings that apparently portrayed phyletic evolution exclusively (these including references to unconscious selection), actually applied to speciation as well, for phyletic change in a single district could constitute a local manifestation of a larger common-descent pattern. This generic use of "phyletic" change was reflected in Darwin's deployment of the unconscious selection analogy in his published writings as well as in his dispute with Moritz Wagner over the necessity of geographic isolation for speciation. We can thus understand Darwin's otherwise puzzling declaration in The Origin of Species that unconscious selection was 'more important' than the methodical approach. (shrink)

A truism is something which is perceived to be not only true, but obviously true-so obvious as to warrant no investigation into it, and so, obvious that it can be taken as an unquestionable starting point, or assumption, from which to proceed further. In this essay, I want to call attention to a few not-so-true truisms about ethics, ethics consulting, and ethics training in business. Most of the truisms that I want to touch on have acquired particularly high status: "axioms" (...) perhaps, on which aspects of business ethics consulting could be based; or "baselines," which set the parameters, or limits, on discussions in particular areas of concern. (shrink)

Food insecurity, and its extreme form, hunger, occur whenever the accessibility to an adequate supply of nutritional and safe foods becomes restricted or unpredictable. They are recurring problems in certain regions of the US, as well as in many parts of the world. According to nation-wide surveys conducted by the US Bureau of the Census, between 1996 and 1998 an estimated 9.7% of US households were classified as food insecure (6.2% being food insecure without evidence of hunger, and 3.5% being (...) food insecure with moderate to severe hunger). This means that approximately 10 million households each year did not always have access to enough food to meet basic needs. A potential tool in the fight against food insecurity and hunger is information technology (IT), since its use and range of application continue to grow at astonishing rates. The study presented here examined the question of how information technology, particularly the Internet, can be used to promote food security. The study used an action science research approach, and a case study strategy, with the food security system of Oktibbeha County, Mississippi selected as the case for study. The research design was a two-phase process. Phase one consisted of a needs assessment among food assistance organizations in Oktibbeha County, and included interviews of key food assistance personnel. Phase one also included a survey of IT subject matter experts to seek their opinions about the current state of Web-based information technology. Phase two involved an analysis of various IT implementation issues, as well as the development of a Web-based food security information system prototype tool. The needs assessment results indicated that (a) certain food security system and information needs existed among the food assistance organizations in Oktibbeha County, and (b) appropriate information technologies existed that could be applied to these needs. The food security needs related to better communication and coordination of information, such as program information, food site inventory information, client history information, food donation information, and nutrition education information. In regard to technology development, a variety of scenarios were examined. These included client-side approaches, server-side approaches, simple e-mail-based systems, Java-based systems, systems based on the Common Gateway Interface (CGI), and commercial database systems. In applying the needs assessment and survey results, the researcher developed a prototype Web site (including a series of online database tools) that could be used to promote food security in counties such as Oktibbeha County. The results of this research show that appropriate, Internet-based, IT holds promise for the reduction of certain social problems, such as food insecurity and hunger. (shrink)

This paper concerns itself with the concept of diminished competence with particular regard to the problems and options that mentally compromised patients raise for medical management. It proceeds through three general stages: (1) a restatement of the sense and grounds of the new patients' rights ethos which the existence of such patients calls into question; (2) a consideration of what expanded responsibilities and tactics physicians should embrace to protect and enhance such patients' autonomy; and (3) the standards, criteria, and mechanisms (...) by which paternalistic interventions might be justified in cases when the diminishment remains too substantial to merit acceptance of the patients' directives. (shrink)

_The Subject in Question_ provides a fascinating insight into a debate between two of the twentieth century's most famous philosophers - Jean-Paul Sartre and Edmund Husserl - over the key notions of conscious experience and the self. Sartre's _The Transcendence of the Ego_, published in 1937, is a major text in the phenomenological tradition and sets the course for much of his later work. _The Subject in Question_ is the first full-length study of this famous work and its influence on (...) twentieth-century philosophy. It also investigates the relationship between Sartre's ideas and the earlier work of Descartes and Kant. (shrink)