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Oliver Wendell Holmes Jr. and Legal Logic
by Frederic R. KelloggWith Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841–1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon’s empiricism, influenced by recent English debates over logic and scientific method, and Holmes’s critical response to John Stuart Mill’s 1843 A System of Logic. Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law—the importance of the social dimension of legal and logical induction: how opposing views of “many minds” may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems. Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.
Oliver Wendell Holmes Jr., Pragmatism and Neuroscience
by Jay SchulkinThis book explores the cultures of philosophy and the law as they interact with neuroscience and biology, through the perspective of American jurist Oliver Wendell Holmes’ Jr., and the pragmatist tradition of John Dewey. Schulkin proposes that human problem solving and the law are tied to a naturalistic, realistic and an anthropological understanding of the human condition. The situated character of legal reasoning, given its complexity, like reasoning in neuroscience, can be notoriously fallible. Legal and scientific reasoning is to be understood within a broader context in order to emphasize both the continuity and the porous relationship between the two. Some facts of neuroscience fit easily into discussions of human experience and the law. However, it is important not to oversell neuroscience: a meeting of law and neuroscience is unlikely to prove persuasive in the courtroom any time soon. Nevertheless, as knowledge of neuroscience becomes more reliable and more easily accepted by both the larger legislative community and in the wider public, through which neuroscience filters into epistemic and judicial reliability, the two will ultimately find themselves in front of a judge. A pragmatist view of neuroscience will aid and underlie these events.
El olvido de la razón
by Juan José SebreliUn análisis exhaustivo de las corrientes filosóficas, políticas ysociales del siglo XX. Las distintas trayectorias y tendencias del pensamiento del siglo XX queSebreli ilumina dan cabida a muchos de los conflictos intelectuales ypolíticos, filosóficos y sociales que urdieron la trama de lo que a estaaltura, cansadamente, se llama posmodernidad. Sin descartar su aparicióny despunte, el autor de «Asedio a la modernidad» critica las modasdeterminadas frívolamente por capillas francesas que terminanconvirtiéndose en ortodoxias gracias a las adopciones de los gruposuniversitarios.El gran conocimiento de los repertorios temáticos de la literatura, lafilosofía y la sociología del siglo pasado permite a Sebreli trazarademás un mapa amplio que permitirá a su vez al lector reconocercontenidos e incidencias, asimilaciones y rechazos.
Olympe de Gouges (Elements on Women in the History of Philosophy)
by Sandrine BergèsOlympe de Gouges, though a well-known historical figure, has not been investigated as a philosopher until quite recently. Yet, many of her writings have philosophical import, whether they are written in the genre of the philosophical treatise, drama or political pamphlets. In the three main sections, the author gives an overview of some of her arguments, showing their originality and their relevance to debates contemporary to her and to us. In the introduction, the author addresses the question of genre and argue that Gouges should be read as a philosopher, as well as a playwright and political writer. In the conclusion, the author draws out the relevance of her work for contemporary philosophers.
Omar Khayyam: On the Value of Time (Peacemakers)
by Nick M. LoghmaniThis book explores the life and work of Omar Khayyam as a provocateur of peace. While Khayyam is known for his poetry, he was foremost a prominent mathematician who looked at the world from a unique perspective. Using the transformative power of mathematics, he brought together seemingly irreconcilable concepts in his work. Through his art, philosophy, and mathematics, Khayyam sought to create harmony between what on the surface looks like a clash between his scientific view, romantic and often provocative poetry, and philosophy. The book sheds light on his spiritual and philosophical journey through a cross-sectional account of his poetry, philosophical view, and mathematics and science. It explores the complex inner life of a multidimensional scholar as he negotiated between faith and science, constructing a framework for peace by looking at the world as it presents itself to us, contemplating the temporality of life and enriching it with wisdom and joy. Historically and culturally informed, this book will be indispensable to readers of Omar Khayyam’s poetry and philosophy. It will also be of interest to students and researchers of peace and conflict studies, mathematics, science, Middle East literature, history, and popular culture.
Ombudsman as a Global Institution: Transnational Governance and Accountability (Public Sector Organizations)
by Tero ErkkiläThis book explores the ombudsman as a global institution. It has spread all over the world and its institutional development is increasingly being governed transnationally. Initially an institution of administrative law, the ombudsman has become a human rights institution and institution of good governance. These ideational shifts have influenced the global diffusion of the ombudsman but also the way in which this institution of accountability functions. The ombudsman is a peculiar institution of public accountability - both an institution and individual - that observes changes in the general political climate and engages in renegotiations of its intra-institutional position. The global models associated with the ombudsman are a source of organizational ideas, legitimacy, and sense of orientation, but they treat institutional actors differently, working also as mechanisms of inclusion and exclusion. The book tracks the global diffusion and institutional evolution of the ombudsman. Its chapters on institutional cases further explore the joint institutional history of the Parliamentary Ombudsman and the Chancellor of Justice in Finland, and the European Ombudsman.
Ominous Parallels: The End Of Freedom In America
by Leonard PeikoffAyn Rand chose Leonard Peikoff to be her successor as the spokesman for Objectivism. And in this brilliantly reasoned, thought-provoking work we learn why, as he demonstrates how far America has been detoured from its original path and led down the same road that Germany followed to Nazism. Self-sacrifice, Oriental mysticism, racial "truth," the public good, doing one's duty--these are among the seductive catch-phrases that Leonard Peikoff dissects, examining the kind of philosophy they symbolize, the type of thinking that lured Germany to its doom and that he says is now prevalent in the United States. Here is a frightening look at where America may be heading, a clarion call for all who are concerned about preserving our right to individual freedom.
The Omnibus Homo Sacer
by Giorgio AgambenGiorgio Agamben's Homo Sacer is one of the seminal works of political philosophy in recent decades. A twenty-year undertaking, this project is a series of interconnected investigations of staggering ambition and scope investigating the deepest foundations of every major Western institution and discourse. This single book brings together for the first time all nine volumes that make up this groundbreaking project. Each volume takes a seemingly obscure and outdated issue as its starting point—an enigmatic figure in Roman law, or medieval debates about God's management of creation, or theories about the origin of the oath—but is always guided by questions with urgent contemporary relevance. The Omnibus Homo Sacer includes: 1.Homo Sacer: Sovereign Power and Bare Life 2.1.State of Exception 2.2.Stasis: Civil War as a Political Paradigm 2.3.The Sacrament of Language: An Archeology of the Oath 2.4.The Kingdom and the Glory: For a Theological Genealogy of Economy and Glory 2.5.Opus Dei: An Archeology of Duty 3.Remnants of Auschwitz: The Witness and the Archive 4.1.The Highest Poverty: Monastic Rules and Form-of-Life 4.2.The Use of Bodies
Omniscience and the Rhetoric of Reason
by Sara L. McclintockThe great Buddhist scholars Santaraksita (725 - 88 CE.) and his disciple Kamalasila were among the most influential thinkers in classical India. They debated ideas not only within the Buddhist tradition but also with exegetes of other Indian religions, and they both traveled to Tibet during Buddhism's infancy there. Their views, however, have been notoriously hard to classify. The present volume examines Santaraksita's Tattvasamgraha and Kamalasila's extensive commentary on it, works that cover all conceivable problems in Buddhist thought and portray Buddhism as a supremely rational faith. One hotly debated topic of their time was omniscience - whether it is possible and whether a rational person may justifiably claim it as a quality of the Buddha. Santaraksita and Kamalasila affirm both claims, but in their argumentation they employ divergent rhetorical strategies in different passages, advancing what appear to be contradictory positions. McClintock's investigation of the complex strategies these authors use in defense of omniscience sheds light on the rhetorical nature of their enterprise, one that shadows their own personal views as they advance the arguments they deem most effective to convince the audiences at hand.
On Abstract and Historical Hypotheses and on Value Judgments in Economic Sciences: Critical Edition, with an Introduction and Afterword by Paolo Silvestri (Routledge Studies in the History of Economics)
by Luigi EinaudiLuigi Einaudi (1874-1961) was a leading liberal economist, economic historian and political figure. This book provides the English-speaking world with a first critical edition of Einaudi’s – hitherto unpublished – rewriting of one of his most unique and thoughtful essays. The relevance of this essay is crucial from several perspectives: history and methodology of economic thought, role of economics and its relation to other disciplines and to social values, role of economists in the public sphere, while also encompassing the discourse on man and the economist as a "whole man". The critical edition of On Abstract and Historical Hypotheses and on Value Judgments in Economic Sciences includes a comprehensive introduction and afterword. An extensive reappraisal of this newly discovered essay will help to cast light on Einaudi’s uniqueness and originality within and beyond the Italian tradition in public finance, thereby also illuminating his attempt to provide an epistemological account of his long lasting enquiry into the causes of good and bad polities. This book is of great interest to those who study economic theory and philosophy, as well as history of economic thought, public economics and legal and political philosophy.
On Academic Scepticism
by Marcus Tullius CiceroCharles Brittain's elegant new translation of Cicero's Academica makes available for the first time a readable and accurate translation into modern English of this complex yet crucial source of our knowledge of the epistemological debates between the skeptical Academics and the Stoics. <p><p> Brittain's masterly Introduction, generous notes, English–Latin–Greek Glossary, and Index further commend this edition to the attention of students of Hellenistic philosophy at all levels.
On Adam Smith’s Wealth of Nations
by Samuel FleischackerAdam Smith was a philosopher before he ever wrote about economics, yet until now there has never been a philosophical commentary on the Wealth of Nations. Samuel Fleischacker suggests that Smith's vastly influential treatise on economics can be better understood if placed in the light of his epistemology, philosophy of science, and moral theory. He lays out the relevance of these aspects of Smith's thought to specific themes in the Wealth of Nations, arguing, among other things, that Smith regards social science as an extension of common sense rather than as a discipline to be approached mathematically, that he has moral as well as pragmatic reasons for approving of capitalism, and that he has an unusually strong belief in human equality that leads him to anticipate, if not quite endorse, the modern doctrine of distributive justice. Fleischacker also places Smith's views in relation to the work of his contemporaries, especially his teacher Francis Hutcheson and friend David Hume, and draws out consequences of Smith's thought for present-day political and philosophical debates. The Companion is divided into five general sections, which can be read independently of one another. It contains an index that points to commentary on specific passages in Wealth of Nations. Written in an approachable style befitting Smith's own clear yet finely honed rhetoric, it is intended for professional philosophers and political economists as well as those coming to Smith for the first time.
On Adam Smith's Wealth of Nations: A Philosophical Companion
by Samuel FleischackerAdam Smith was a philosopher before he ever wrote about economics, yet until now there has never been a philosophical commentary on the Wealth of Nations. Samuel Fleischacker suggests that Smith's vastly influential treatise on economics can be better understood if placed in the light of his epistemology, philosophy of science, and moral theory. He lays out the relevance of these aspects of Smith's thought to specific themes in the Wealth of Nations, arguing, among other things, that Smith regards social science as an extension of common sense rather than as a discipline to be approached mathematically, that he has moral as well as pragmatic reasons for approving of capitalism, and that he has an unusually strong belief in human equality that leads him to anticipate, if not quite endorse, the modern doctrine of distributive justice. Fleischacker also places Smith's views in relation to the work of his contemporaries, especially his teacher Francis Hutcheson and friend David Hume, and draws out consequences of Smith's thought for present-day political and philosophical debates. The Companion is divided into five general sections, which can be read independently of one another. It contains an index that points to commentary on specific passages in Wealth of Nations. Written in an approachable style befitting Smith's own clear yet finely honed rhetoric, it is intended for professional philosophers and political economists as well as those coming to Smith for the first time.
On Addiction: Insights from History, Ethnography, and Critical Theory
by Darin WeinbergMainstream addiction science sees addiction either as a biomedical disease that renders one incapable of self-control or as a voluntary practice engaged in freely. In On Addiction, Darin Weinberg shows how this dynamic is deeply influenced by a series of binaries (free will/determinism, mind/body, objectivity/subjectivity) that hinder our understanding of addiction. Here, he offers a new theorization of addiction in which he breaks down these contradictions and incompatibilities, calling into question the taken-for-granted distinction between the “biological” and the “social.” To the extent that it is understood as a loss of self-control over one’s behavior, addiction, Weinberg contends, requires a supple theoretical framework that provides for movements into and out of self-control, for the social and natural processes that influence these movements, for the historical contexts within which they occur, and for the ethical ramifications of taking them seriously. To create this framework, Weinberg brings together history, ethnography, and critical theory as well as the clinical and social sciences. In this way, Weinberg takes a more holistic approach to examining the fundamental nature and ethics of addiction.
On Ambivalence: The Problems and Pleasures of Having it Both Ways
by Kenneth WeisbrodeA concise guide to ambivalence, from Adam and Eve (to eat the apple or not?) to Hamlet (to be or not?) to globalization (e pluribus unum or not?). Why is it so hard to make up our minds? Adam and Eve set the template: Do we or don't we eat the apple? They chose, half-heartedly, and nothing was ever the same again. With this book, Kenneth Weisbrode offers a crisp, literate, and provocative introduction to the age-old struggle with ambivalence. Ambivalence results from a basic desire to have it both ways. This is only natural—although insisting upon it against all reason often results not in "both" but in the disappointing "neither." Ambivalence has insinuated itself into our culture as a kind of obligatory reflex, or default position, before practically every choice we make. It affects not only individuals; organizations, societies, and cultures can also be ambivalent. How often have we asked the scornful question, "Are we the Hamlet of nations"? How often have we demanded that our leaders appear decisive, judicious, and stalwart? And how eager have we been to censure them when they hesitate or waver? Weisbrode traces the concept of ambivalence, from the Garden of Eden to Freud and beyond. The Obama era, he says, may be America's own era of ambivalence: neither red nor blue but a multicolored kaleidoscope. Ambivalence, he argues, need not be destructive. We must learn to distinguish it from its symptoms—selfishness, ambiguity, and indecision—and accept that frustration, guilt, and paralysis felt by individuals need not lead automatically to a collective pathology. Drawing upon examples from philosophy, history, literature, and the social sciences, On Ambivalence is a pocket-sized portrait of a complex human condition. It should be read by anyone who has ever grappled with making the right choice.
On Anger (Boston Review)
by Agnes CallardIs anger eternal? Righteous? Reflections on the causes and consequences of an phenomenon critical to our intimate and public lives. From Aristotle to Martha Nussbaum, philosophers have explored the moral status of anger. We get angry for a reason: we feel wronged. That reason can be eternal, some argue, because not even an apology or promise that it won't happen again can change the fact of the original harm. Although there are pragmatic reasons for ceasing to be angry and moving on, is eternal anger moral? Is anger righteous? In this collection, contributors consider these and other questions about the causes and consequences of anger. Leading off the debate, philosopher Agnes Callard argues that anger is not righteous rage; it is not an effort to solve a problem. Instead, it reflects a cry for help—a recognition that something shared is broken. And only in acknowledging the value of that shared project, she argues, can we begin together to repair it. Anger, then, is a starting point. But could there ever be the end of anger? Bringing together today's leading thinkers on anger, this volume raises questions critical to our intimate and public lives. Contributors Rachel Achs, Paul Bloom, Elizabeth Bruenig, Judith Butler, Agnes Callard, Daryl Cameron, Myisha Cherry, Barbara Herman, Desmond Jagmohan, David Konstan, Oded Na'aman, Martha C. Nussbaum, Amy Olberding, Whitney Phillips, Jesse Prinz, Victoria Spring, Brandon M. Terry
On Anxiety (Thinking in Action)
by Renata SaleclWe frequently hear that we live in an age of anxiety, from 'therapy culture', the Atkins diet and child anti-depressants to gun culture and weapons of mass destruction. While Hollywood regularly cashes in on teenage anxiety through its Scream franchise, pharmaceutical companies churn out new drugs such as Paxil to combat newly diagnosed anxieties.On Anxiety takes a fascinating, psychological plunge behind the scenes of our panic stricken culture and into anxious minds, asking who and what is responsible. Putting anxiety on the couch, Renata Salecl asks some much-needed questions: Is anxiety about the absence of authority or too much of it? Do the media report anxiety or create it? Are drugs a cure for anxiety or its cause? Is anxiety about being yourself or someone else, and is anxiety really the ultimate obstacle to happiness? Drawing on vivid examples from films such as the X Files and Cyrano de Bergerac, drugs used on soldiers to combat anxiety, the anxieties of love and motherhood, and fake Holocaust memoirs, Renata Salecl argues that what really produces anxiety is the attempt to get rid of it. Erudite and compelling, On Anxiety is essential reading for anyone interested in philosophy, psychology and the cultural phenomenon of anxiety today.
On Apology
by Aaron LazareOne of the most profound interactions that can occur between people, apologies have the power to heal humiliations, free the mind from deep-seated guilt, remove the desire for vengeance, and ultimately restore broken relationships. With On Apology, Aaron Lazare offers an eye-opening analysisof this vital interaction, illuminating an often hidden corner of the human heart. He discusses the importance of shame, guilt, and humiliation, the initial reluctance to apologize, the simplicity of the act of apologizing, the spontaneous generosity and forgiveness on the part of the offended, the transfer of power and respect between two parties, and much more. Readers will notonly find a wealth of insight that they can apply to their own lives, but also a deeper understanding of national and international conflicts and how we might resolve them. The act of apologizing is quite simply immensely fulfilling. On Apology opens a window onto this common occurrence to reveal the feelings and actions at the heart of this profound interaction.
On Aristotle: Saving Politics from Philosophy (Liveright Classics)
by Alan RyanAn essential, comprehensive, and accessible guide to the life and works of Aristotle. In On Aristotle: Saving Politics from Philosophy, Alan Ryan examines Plato's most famous student and sharpest critic, whose writing has helped shape over two millennia of Western philosophy, science, and religion. The first thinker to posit that a society should be ruled by laws and not men, Aristotle was born in Stagira, Macedon, in 384 BCE. He would go on to join Plato's Academy and eventually become tutor to Alexander the Great. During his lifetime he would see the revival of Athens following its destruction in the Peloponnesian War, before the ultimate extinction of its radical form of democracy after the Macedonian conquest. Aristotle's strongly empirical cast of mind was brought to bear on a stunning range of subjects, from rhetoric to physics, from the history of political institutions and mathematics to zoology and botany. The resulting system dominated European thought from the thirteenth to seventeenth centuries. In Nicomachean Ethics and Politics--both excerpted here--Aristotle attempted to delineate the ideal virtues of a both public and private life as well as critique the utopian antipolitics of his former teacher, Plato. For Aristotle, life in a polis was the natural state of man and provided the greatest opportunity for human beings to fulfill their potential. Unlike his scientific theories, which would eventually be displaced by Galileo, Newton, and Darwin, Aristotle's meticulous thinking on the nature of human affairs, ethics, politics, citizenship, and virtue in a civil society remains as vital today as it was in his own time.
On Art and Artists: An Anthology of Diderot's Aesthetic Thought
by John S. Glaus Denis Diderot Jean SeznecChance ordained that Denis Diderot (1713-1784) was not only a philosopher, playwright and writer, but also a salonnier. In other words, an art critic. In 1759, his friend Grimm entrusted him with a project that forced him to acquire "thoughtful notions concerning painting and sculpture" and to refine "art terms, so familiar in his words yet so vague in his mind". Diderot wrote artistic reviews of exhibitions - Salons - that were organized bi-annually at the Louvre by the Académie Royale de Peinture et de Sculpture. These reviews, published in the Correspondence Littéraire, were Diderot's unique contribution to art criticism in France. He fulfilled his task of salonnier on nine occasions, despite occasional dips in his enthusiasm and self-confidence. Compiled and presented by Jean Szenec, this anthology helps the contemporary reader to familiarize himself with Diderot's aesthetic thought in all its greatness. It includes eight illustrations and is followed by texts from Jean Starobinski, Michel Delon, and Arthur Cohen. 'On Art and Artists' is translated by John Glaus, professor of French and an amateur expert of the XVIIIth century.
On Art and Life
by John RuskinThroughout history, some books have changed the world. They have transformed the way we see ourselves - and each other. They have inspired debate, dissent, war and revolution. They have enlightened, outraged, provoked and comforted. They have enriched lives - and destroyed them. Now Penguin brings you the works of the great thinkers, pioneers, radicals and visionaries whose ideas shook civilization, and helped make us who we are.
On Attaining Buddhahood in This Lifetime: Commentaries on the Writings of Nichiren
by Daisaku IkedaWhat constitutes a meaningful life? What is true happiness? Nichiren Buddhism, based on the Lotus Sutra, is a teaching of hope that provides answers to these and other important questions for modern life. Ranked among the most important works in Mahayana Buddhism, Nichiren's 13th-century writings were revolutionary. In On Attaining Buddhahood in This Lifetime, Nichiren turned prevailing Buddhist thought on its head. Attaining Buddhahood, or enlightenment, he argues, does not require embarking on some inconceivably long journey toward becoming some resplendent godlike Buddha, but rather it means accomplishing a transformation in the depths of one's being and revealing one's ultimate potential within. And Nichiren dedicated his life—braving all manner of persecution—to giving people a practical means for doing so. Daisaku Ikeda's simple and straightforward commentary brings alive this important writing for the modern world. Thoughtful people of all faiths will resonate with his compassionate insights on the universal teaching of happiness that is Nichiren Buddhism.
On Augustine: The Two Cities (Liveright Classics)
by Alan RyanNo philosopher speaks more immediately to the excesses of our twenty-first-century world and the limits of human reason than Augustine. It would be almost impossible to exaggerate the influence of Augustine--the once-hedonistic pagan turned ascetic theologian and defender of the early Christian Church--over all the subsequent history of Europe. Augustine 's political philosophy is pregnant with arguments that racked not only Christian Europe but also much of the modern world. Whether it was his essential skepticism about the value of earthly politics when contrasted with eternity, the role of a Christian within the State, or the nature of just war and the folly of imperial ambitions, Augustine articulated distinctive and long-lived thoughts on controversial subjects that remain embedded in our political discourse. In On Augustine: The Two Cities Alan Ryan carefully lays out the complicated political, philosophical, and religious context of Augustine and traces the history of his impact on Western thought both within and beyond the Christian tradition. Excerpted here are: The City of God, Confessions.
On Balance
by Adam Phillips"Balancing acts," writes Adam Phillips, "are entertaining because they are risky, but there are situations in which it is more dangerous to keep your balance than to lose it." In these exhilarating and casually brilliant essays, the philosopher and psychoanalyst examines literature, fairy tales, works of art, and case studies to reveal the paradoxes inherent in our appetites and fears. How do we know when enough is enough? Are there times when too much is just right? Why is Cinderella's biggest problem not the prince but other women? What can Richard III's furious sense of his own helplessness tell us of our own desires? On Balance shows Phillips's bravura gift for linking disparate ideas and the dreamers that dreamed them into something beautiful, revelatory, and essential.
On Beauty (Little Books On Big Themes Ser.)
by Susan JohnsonIn On Beauty Susan Johnson explores the role of beauty in our lives, and in her life in particular: 'Sometimes I think my whole life has been one long search for beauty. I am Australian and as such I should be embarrassed to write a line like that, in a land where one must speak of beauty in whispers.' She writes of where her search has taken her, how 'beauty enters the body like desire', and how beauty is nothing less than 'life's call to order, life's bid to save it from itself'.