Doctrinal legal scholarship faces persistent challenges from empirical approaches, but such criticism rarely seeks to encounter doctrine on its own terms. In this article, we seek to excavate the theoretical and methodological basis of doctrinal legal scholarship by situating the discipline in a hermeneutic continuum between theory and practice, or law’s engagement with the social world. We first unfold this dynamic as an exercise in methodological interpretivism and ontological hermeneutics and then turn to explicate our analysis with examples drawn from (...) tort law and international criminal law. We ultimately argue that law can never be strictly circumscribed as an empirical object because law cannot be disassociated from an agent’s reasons, which are continuously bound up in a hermeneutic circle, and which the scholar must enter into to achieve legal understanding. Unavoidably, therefore, doctrinal legal scholarship becomes part of the very object it is investigating. (shrink)

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

In lieu of an abstract, here is a brief excerpt of the content:Motion and Mercutio in Romeo and JulietDaryl W. PalmerThere is nothing permanent that is not true, what can be true that is uncertaine? How can that be certaine, that stands upon uncertain grounds? 1It is by now a commonplace in modern scholarship that drama, particularly Tudor drama, poses questions, rehearses familiar debates, and even speculates about mere possibilities. 2 In 1954, Madeleine Doran spelled out some of the ways (...) in which debate "affected the structure of Elizabethan drama." 3 In turn, Joel B. Altman, having eloquently extended Doran's examination, concludes that "the plays functioned as media of intellectual and emotional exploration for minds that were accustomed to examine the many sides of a given theme, to entertain opposing ideals, and by so exercising the understanding, to move toward some fuller apprehension of truth that could be discerned only through the total action of the drama." 4 Altman points to Henry Medwall's Fulgens and Lucres (c. 1490) as an exemplar of this practice. Although the interlude instructs and entertains, "the center of interest has shifted from demonstration to inquiry. The action develops not from an abstract assertion, but from a specific question: who is the nobler man, Cornelius or Gaius?" 5 By the time William Shakespeare began to write his plays, inquiry was an essential part of dramatic construction. So Juliet asks, "What's in a name?" 6 Hamlet opens with the question: "Who's [End Page 540] there?" (1.1.1), and achieves a kind of apotheosis in the figure of its hero: "To be, or not to be, that is the question..." (3.1.55). Everyone recognizes these familiar questions, and we know (or think we know) how to describe the most viable answers. I want to suggest, however, that this familiarity has dulled our appreciation of the drama's interrogative range. As a way of resisting this tendency, I want to argue that Shakespeare's Romeo and Juliet takes up an ancient conversation about motion, a dialog that originates with the pre-Socratics. This is not to say that the play is ultimately about motion. It obviously engages a panoply of thematic materials. I have simply chosen, in this limited space, to concentrate on the way the playwright stages his questioning as a kind of fencing lesson. My goal is to produce neither a "reading" of the play nor an allegory of philosophy, but rather to recollect the ways in which Shakespeare's drama qualifies and extends an ancient interrogative tradition. In so doing, I follow Stanley Cavell who maintains "that Shakespeare could not be who he is—the burden of the name of the greatest writer in the language, the creature of the greatest ordering of English—unless his writing is engaging the depth of the philosophical preoccupations of his culture." 7Some of the most venerable documents of Western philosophy fix on the problem of motion. If we go back more than 2,300 years, we come upon Plato's Theaetetus, in which Socrates explains a "first principle" to the title character, namely that "the universe really is motion and nothing else." 8 A kind of history lesson in ontology and epistemology, this tentative explanation has its origins in Heraclitus or Empedocles or Protagoras or some combination of the aforementioned. Perhaps the most famous expression of this ideal comes from Heraclitus: "You cannot step twice into the same river, for other waters and yet others go ever flowing on." 9 More to the point is the following declaration from the same philosopher: "Everything flows and nothing abides; everything gives way and nothing stays fixed." 10 In this spirit, Protagoras declares, "All matter is in a state of flux." 11 Such precedents provide the backdrop for Socrates in the Theaetetus as he summarizes: "The point is that all these things are, as we were saying, in motion, but there is a quickness or slowness in their motion" (Thea, 156c). In this historical spirit, he identifies "a tradition from the ancients, who hid their meaning from the common herd in poetical figures, that Oceanus and Tethys, the source of all things, are flowing streams and nothing is at rest" (Thea, 180d–e).To... (shrink)

Reading Certainty offers incisive historical analysis of the foundational questions of the Christian tradition: how are we to read scripture, and how can we know we are saved? This collection of essays honors the work and thought Susan E. Schreiner by exploring the import of these questions across a wide range of time periods. With contributions from renowned scholars and from Schreiner's students from her more than three decades of teaching, each of the contributions highlights the nexus of certainty, perception, (...) authority, and exegesis that has defined her scholarly work. Intellectual historians, early modernists, and scholars of Christianity will all appreciate this testament to Schreiner's influence. Contributors include: Vincent Evener, Bruce Gordon, Ralph Keen, Mark Lambert, Kevin J. Madigan, Richard A. Muller, Willemien Otten, Daniel Owings, Elizabeth Palmer, Karen Park, Barbara Pitkin, Ronald K. Rittgers, William Schweiker, Jonathan Strom, and Matthew Vanderpoel. (shrink)

Introduction -- The pre-socratic philosophers -- Sixth and fifth centuries B.C.E. -- Thales -- Anaximander -- Anaximenes -- Pythagoras -- Heraclitus -- Parmenides -- Zeno -- Empedocles -- Anaxagoras -- Leucippus and Democritus -- The Athenian period -- Fifth and fourth centuries B.C.E. -- The Sophists -- Protagoras -- Gorgias -- Thrasymachus -- Callicles and Critias -- Socrates -- Plato -- Aristotle -- The Hellenistic and Roman periods -- Fourth century B.C.E. through fourth century C.E. -- Epicureanism -- Stoicism -- (...) Neoplatonism -- Medieval and Renaissance philosophy -- Fifth through fifteenth centuries -- Saint Augustine -- The encyclopediasts -- John Scotus Eriugena -- Saint Anselm -- Muslim and Jewish philosophies -- Averroës -- Maimonides -- The problem of faith and reason -- The problem of the universals -- Saint Thomas Aquinas -- William of Ockham -- Renaissance philosophers -- Continental rationalism and British empiricism -- The seventeenth and eighteenth centuries -- Descartes -- Hobbes -- Spinoza -- Leibniz -- Locke -- Berkeley -- Hume -- Kant -- Post-kantian British and continental philosophy -- The nineteenth century -- Hegel -- Schopenhauer -- Kierkegaard -- Marx -- Nietzsche -- Utilitarianism -- Bentham -- Frege -- Pragmatism, the analytic tradition, and the phenomenological tradition and its aftermath -- The twentieth century -- Pragmatism -- James -- Dewey -- The analytic tradition -- Moore -- Russell -- Logical positivism -- Wittgenstein -- Quine -- The phenomenological tradition and its aftermath -- Husserl -- Heidegger -- Sartre -- Structuralism and poststructuralism -- Saussure -- Lévi-Strauss -- Lacan -- Derrida -- Irigaray. (shrink)

The articles on ‘thinking’ by Gilbert Ryle brought together by Konstantin Kolenda were not very well received, even by those who acknowledge, as awhole generation of philosophers must, a considerable intellectual debt to him. Bernard Williams in his review ‘Ryle Remembered’ ) seemed to capture the general impression created by the book. My suspicion is that this was so because readers approached it with a resistance built up over years of hearingRyle flounder on the topic. They read the book expecting (...) to find nothing init that they had not already assimilated or rejected. To pick up the metaphor G. E. L. Owen employed in the obituary he wrote for the Aristotelian Society, they had come to regard Ryle's work as a philosophical seam which during his own lifetime had already been so extensively and profitably minedthat by the time of his death it was already producing diminishing returns. Although Williams in his review did provide a rationale for Ryle's floundering I suspect that his rationale, like most readers’ expectations, preventedhim from reading the articles in the volume at all closely. Williams's viewwas that towards the end of his life, with whatever he had had in the way of theory collapsing around him, Ryle was left with nothing but his massive common sense together with the resources of a style of writing which had bythen become a caricature of itself. As against this I shall argue that Ryle, puzzled by the notion of thinking, took the problem back to his own philosophical roots where he finally came to think that the solution lay. (shrink)

The philosophy of George Herbert Palmer, by C. M. Bakewell.--Personal traits of George Herbert Palmer, by E. W. Hocking--Faculty minute on the life and service of Professor Palmer.

Given the wide range of mythical/occult lore, stage legerdemain, and popular fantasy-based fictional stereotypes that have long been associated with the term magic in human culture, it is quite possible that some academically-minded readers may initially be put off by the title of this book. But these are not the kinds of magic that Dean Radin is talking about. Rather, he is subtly alluding to a certain class of seemingly extraordinary human experiences and abilities for which the exact underlying physical (...) and biological mechanisms are not too well understood as of yet – namely, the experiences and abilities that may be classed as psychic (or psi). He focuses on examining three general sub-classes which, in keeping with the theme of this book, are labeled in the parlance of magic: force of will (referring to psychokinesis, aka. mind-matter interaction), divination (referring to extrasensory perception), and theurgy (referring to experiences related to survival after death). Yet even with such clarification being made from the outset, there might still be readers who would wonder whether it is even a good idea to discuss psi phenomena in conjunction with magic, as some parapsychologists may be reminded of the effort once made by psychologist (and noted skeptic) James Alcock (1981) to portray an association between the two as being something fanciful and not fitting with the pursuit of science in his book Parapsychology: Science or Magic? Arguing on the basis of its seeming incompatibility with mainstream science, Alcock implied that psi is something that could be seen as being akin to occult conjuring, where one is able to spontaneously gain certain knowledge or mentally bring about certain event outcomes at will, without any apparent logic or reason. And as psychologist and psi researcher John Palmer (1983) had pointed out in his critical review of the book, Alcock even went on to imply that parapsychologists tend to act more like occult magicians than scientists, claiming that they are motivated by a predisposed belief in psi rather than an objective search for facts and data-driven theory. In light of such blatant accusations being made in the past, one might figure that parapsychologists would be wary of their subject matter being discussed or referred to in relation to magic again, in any shape or form. (shrink)

Books reviewed in this essay: Wolfgang Carl, Frege’s Theory of Sense and Reference: Its Scope and its Origins William P. Alston, A Realist Conception of Truth.

The form of this paper, which has more than one purpose, needs a word of explanation and perhaps of excuse. I had had it in mind to bring together and discuss a number of passages of Plautus in which gratus or gratia occurred. Then I came across an interesting paper by Professor L. R. Palmer in Hommages à Max Miedermann , Bruxelles, 1956, pp. 258–69, entitled ‘The Concept of Social Obligation in Indo-European: A Study in Structural Semantics’. There (...) class='Hi'>Palmer dealt, among other things, with gratus and related words; he seemed to me, however, to treat the Latin evidence, the greater part of it from Plautus, in a way which I felt to be mistaken. In addition it seemed that a preconceived theory, derived from a special interpretation of the Mycenean tablets, was being read into Roman thought and institutions against the evidence. I have therefore taken the opportunity to discuss the passages of Plautus in which I was first interested within a general examination of Palmer's treatment of the Latin evidence for his theory. (shrink)

A major philosophical mind in his day, William Paley wrote in a lucid style that made complex ideas more accessible to a wide readership. This work, first published in 1785, was based on the lectures he gave on moral philosophy at Christ's College, Cambridge. Cited in parliamentary debates and remaining on the syllabus at Cambridge into the twentieth century, it stands as one of the most influential texts to emerge from the Enlightenment period in Britain. An orthodox theologian, grounding (...) his utilitarian ethics in strong religious faith, Paley held notably progressive views on issues of toleration and the slave trade. His perspicuity prompted one contemporary to remark that the book 'presents a subject which has always been considered as harsh and difficult, in the most agreeable and intelligible form … we sit down to be informed of our duty, and are surprised to meet with amusement'. (shrink)

Neurobiologist William Calvin explores the human brain, positing that the neurons in the brain operate in an accelerated version of biological evolution, evolving ideas through random variations and selections, and supports his hypothesis with numerous ca.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The writings of William H. Whyte do not loom large in the literature of my field: environmental ethics, the branch of ethics devoted to consideration of whether and how there are moral reasons for protecting non-human animals and the larger natural environment. Environmental ethics is a very new field of inquiry, only found in academic philosophy departments since the early 1970s. While there is no accepted reading list of indispensable literature in environmental ethics, certainly any attempt to create such (...) a list would begin with Henry David Thoreau, John Muir, Aldo Leopold, Rachel Carson, and a more recent handful of senior scholars who had been writing on these topics early on, such as J. Baird Callicott, Val Plumwood, Peter Singer, Richard Sylvan, Tom Regan, and Holmes Rolston III (for a review of contemporary environmental ethics, see Light 2002, Palmer 2003, and Wenz 2001). (shrink)

Analytic theology can flourish in the secular academy, and flourish as authentically Christian theology. Analytic Theology and the Academic Study of Religion explains analytic theology to other theologians and scholars of religion, while simultaneously explaining those other fields to analytic theologians. William Wood defends analytic theology from some common criticisms, but also argues that analytic theologians have much to learn from other forms of inquiry. Analytic theology is a legitimate form of theology, and a legitimate form of academic inquiry, (...) and it can be a valuable conversation partner within the wider religious studies academy. Analytic Theology and the Academic Study of Religion articulates an attractive vision of analytic theology, fosters a more fruitful inter-disciplinary conversation, and enables scholars across the religious studies academy to understand one another better. (shrink)

A hybrid theory is any moral theory according to which different classes of individuals ought to be treated according to different principles. We argue that some hybrid theories are able to meet standards of psychological plausibility, by which we mean that it’s feasible for ordinary human beings to understand and act in accord with them. Insofar as psychological plausibility is a theoretical virtue, then, such hybrid theories deserve more serious consideration. To make the case for this view, we explain what (...) psychological plausibility is and why we might value it, why the human/animal divide appears to be an entrenched feature of human psychology, and why Robert Nozick’s hybrid theory doesn’t go far enough. Finally, we make the case that a more promising psychologically plausible hybrid theory, with respect to humans and animals, will be (at least) at tribrid theory—that is, positing three domains rather than two. (shrink)

Who is to be included in a political community and on what terms? William A. Barbieri Jr. seeks answers to these questions in this exploration of the controversial concept of citizenship rights—a concept directly related to the nature of democracy, equality, and cultural identity. Through an examination of the case of Germany’s settled “guestworkers” and their families, _Ethics of Citizenship_ investigates the pressing problem of political membership in a world marked by increased migration, rising nationalist sentiment, and the ongoing (...) reorganization of states through both peaceful and violent means. Although some of Germany’s foreign workers have gradually attained a degree of social and economic legitimacy, Barbieri explains how they remain effectively excluded from true German citizenship. Describing how this exclusion has occurred and assessing current attitudes toward political membership in Germany, he argues for a just and democratic policy toward the tax-paying, migrant worker minority, one that would combine the extension of the individual rights of citizenship with the establishment of certain group rights. Through a dissection of ongoing public “membership debates” over issues such as suffrage, dual citizenship, and immigration and refugee policy, Barbieri identifies a range of competing responses to the question of who “belongs” in Germany. After critiquing these views, he proposes an alternative ethic of membership rooted in an account of domination and human rights that seeks to balance individual and group rights within the context of a commitment to democracy and equal citizenship. Indispensable for scholars of German studies, _Ethics of Citizenship_ also raises questions that will attract moral philosophers, constitutional scholars, and those interested in the continuing, global problems associated with migration. (shrink)

William of Ockham was a medieval English philosopher and theologian (he was born about 1285, perhaps as late as 1288, and died in 1347 or 1348). In 1328 Ockham turned away from 'pure' philosophy and theology to polemic. From that year until the end of his life he worked to overthrow what he saw as the tyranny of Pope John XXII (1316-1334) and of his successors Popes Benedict XII (1334-1342) and Clement VI (1342-1352). This campaign led him into questions (...) of ecclesiology (the study of the nature and structure of the Christian Church, e.g. of the functions and powers of the pope) and political philosophy. The Dialogus purports to be a transcript made by a mature student of lengthy discussions between himself and a university master about the various opinions of the learned on the matters disputed between John XXII and the dissident Franciscans. The student is usually the initiator; he chooses the topics, asks most of the questions and decides when he has heard enough. The master is, so to speak, an expert witness whom the student examines. This volume provides the first critical edition of part 3.2 of the Dialogus and deals with the relation between the empire and the nation-states and engages in the theory of property rights, natural law, and political freedom. (shrink)

Today’s film scholars draw from a dizzying range of theoretical perspectives—they’re just as likely to cite philosopher Gilles Deleuze as they are to quote classic film theorist André Bazin. To students first encountering them, these theoretical lenses for viewing film can seem exhilarating, but also overwhelming. _Thinking in the Dark _introduces readers to twenty-one key theorists whose work has made a great impact on film scholarship today, including Rudolf Arnheim, Sergei Eisenstein, Michel Foucault, Siegfried Kracauer, and Judith Butler. Rather than (...) just discussing each theorist’s ideas in the abstract, the book shows how those concepts might be applied when interpreting specific films by including an analysis of both a classic film and a contemporary one. It thus demonstrates how theory can help us better appreciate films from all eras and genres: from _Hugo _to_ Vertigo_, from _City Lights _to _Sunset Blvd._, and from _Young Mr. Lincoln_ to _A.I. _and _Wall-E_. The volume’s contributors are all experts on their chosen theorist’s work and, furthermore, are skilled at explaining that thinker’s key ideas and terms to readers who are not yet familiar with them. _Thinking in the Dark _is not only a valuable resource for teachers and students of film, it’s also a fun read, one that teaches us all how to view familiar films through new eyes. Theorists examined in this volume are: Rudolf Arnheim, Béla Balázs, Roland Barthes, André Bazin, Walter Benjamin, Judith Butler, Stanley Cavell, Michel Chion, Gilles Deleuze, Jean Douchet, Sergei Eisenstein, Jean Epstein, Michel Foucault, Siegfried Kracauer, Jacques Lacan, Vachel Lindsay, Christian Metz, Hugo Münsterberg, V. F. Perkins, Jacques Rancière, and Jean Rouch. (shrink)

William Vitek enlarges our understanding by treating the act of promising as a social practice and complex human experience. Citing engaging examples of promises made in everyday life, in extraordinary circumstances, and in literary works, Vitek grapples with the central paradox of promising: that human beings can intend a future to which they are largely blind. _Promising_ evaluates contemporary approaches to the topic by such philosophers as John Rawls, John Searle, Henry Sidgwick, P.S. Atiyah, and Michael Robbins but transcend (...) their more limited focus on promissory obligation. Vitek's innovative approach moves beyond theories of language, ethics, and law to unveil a complex human activity subject to shifting interpretations and changes in nature. (shrink)

Situating Cicero in the context of his use and abuse from antiquity to the present, an international and interdisciplinary team of scholars provides several good reasons to return to the study of his many writings with greater interest and respect.

In this thoughtful and literate study, Schwehn argues that Max Weber and several of his contemporaries led higher education astray by stressing research--the making and transmitting of knowledge--at the expense of shaping moral character. Schwehn sees an urgent need for a change in orientation and calls for a "spiritually grounded education in and for thoughtfulness." The reforms he endorses would replace individualistic behavior, the "doing my own work" syndrome derived from the Enlightenment, with a communitarian ethic grounded in Judeo-Christian spirituality. (...) Schwehn critiques philosophies of higher education he considers misguided, from Weber and Henry Adams to Derek Bok, Allan Bloom, and William G. Perry Jr. He draws out valid insights, always showing the theological underpinnings of the so-called secular thinkers. He emphasizes the importance of community, drawing on both the secular communitarian theory of Richard Rorty and that of the Christian theorist Parker Palmer. Finally, he outlines his own prescription for a classroom-centered spiritual community of scholars. Schwehn's study will interest all those concerned with higher education in America today: faculty, students, parents, alumni, administrators, trustees, and foundation officers. (shrink)