This chapter contains sections titled: The Positivist Era, 1890s to 1930s: Eclecticism and Specific Intent The Legal Process Era, 1938–69: Purposive Interpretation Post–Legal Process Theories: 1969–Present References.

According to many believers there is no end to the enlightening things that may be truly said about God. Perhaps there is no end for them either to the useful ways of dividing these things up into illuminating classes. But as fairly traditional theists we suggest a need to stress two basic classes as two indispensable sides to a traditional theist’s coin. We suggest that neglect or rejection of either side can debase the currency under philosophical investigation, can lead a (...) philosopher—or at least his puzzled readers—into costly muddles about the analysis or evaluation of religious discourse and claims. (shrink)

Whether one should accept a principle like DDE cannot be settled independent of one's more general moral theory. In this, I take it, I agree with Professor Boyle, though I do not think he has shown that DDE has a role only in his particular form of absolutism. Still, since his theory does require DDE, an important question is what the alternatives are – whether we must choose between this absolutism and either utilitarianism or intuitionism. A form of contractualism, the (...) requirements of which derive to a large extent from institutionally or conventionally established rights, is sketched here as an attractive alternative. It does not lead, so far as I can see, to DDE. Keywords: authority, contractualism, rights CiteULike Connotea Del.icio.us What's this? (shrink)

How are the demands of morality related to the needs, interests, and projects of people? Are they a burden, or are they good for us? Are they nothing but arbitrary impositions, or should we expect them to be justified? And will the answers to these questions tell us why and whether we should be moral? In this short, accessible text, William Nelson poses these questions in a form appropriate for beginning students and treats them in a way that both (...) they and their teachers will appreciate. In the company of major figures from the history of ethics, Nelson explores the key issues surrounding topics like egoism, altruism, the good life, and the requirements of morality. A special strength of his presentation is the way he demonstrates how the views of these historical figures prefigure the theories espoused by different schools of contemporary thought. Students get not only the historical positions in terms of which contemporary debates are framed but also up-to-date discussions of utilitarianism, contractualism, problems of collective action, and the relations between virtue and duty-based theories. Nelson's own view that morality is not a single subject matter enables him to show how each of the historical traditions has a role to play in a coherent and defensible pluralistic account of morality. At the core of this pluralism is a commitment to the democratic view that morality must not merely serve practical human purposes, but it must also be justified to the people it governs. Imaginative and insightful, intelligent and informed, this is an excellent first text for students of ethics and the history of ethics. (shrink)

How well is Austrian business cycle theory corroborated by empirical evidence? This question is addressed by examining the contraction of 1990–1991 and the expansion leading up to it. An overview of the Austrian theory of the business cycle permits the identification of several empirical propositions implied by the theory. Empirical data for several economic variables are examined for consistency with the patterns suggested by the theory. The evidence suggests a muted Austrian cyclical process at work in conjunction with other factors (...) during the time period studied. (shrink)