Author: Patrick Capps,Shaun D Pattinson
Publisher: Bloomsbury Publishing
What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law, and reflect on the intellectual history on which it builds. The contributors then take the debate beyond the traditional concerns of legal theory into areas such as the relationship between morality and international law, and the impact of ethically controversial medical innovations on legal understanding.
The Transnational Challenge
Author: Wayne Hudson,Steven Slaughter
Category: Political Science
This wide-ranging volume explores the impact of globalization upon citizenship, with a special focus on the transnational challenges that globalization poses. While there is much debate over the concept, globalization implies at least two distinct phenomena. First, it suggests that political, economic and social activities are becoming increasingly inter-regional or intercontinental in scope. Secondly, it suggests that there has been an intensification of levels of interaction and interconnectedness between states and societies. Citizenship, as one of the foundational concepts of the modern liberal democratic states, provides the normative framework within which globalization debates may be understood and evaluated. It also examines how different concepts, theories and practices of citizenship are evolving in response to globalization. Central questions explored in this text are: • How does globalization challenge traditional conceptions of citizenship in specific respects? • How is globalization creating new citizenships or new civil society spaces? • How is transnational citizenship developing and what problems are associated with it in specific areas? Discussing the theoretical and practical prospects for new forms of liberal, republican and cosmopolitan citizenship, Globalisation and Citizenship will appeal to students and scholars in the fields of international relations, globalization, sociology and political science.
Author: Ludwig Siep
Publisher: Walter de Gruyter GmbH & Co KG
The essays in this first-ever complete commentary on Hegel’s philosophy of law combine interpretation of all important textual passages with a selection of different interpretative perspectives drawn from international Hegel research.
Für Vernunft, Wissenschaft, Humanismus und Fortschritt. Eine Verteidigung
Author: Steven Pinker
Publisher: S. Fischer Verlag
Eine leidenschaftliche Antithese zum üblichen Kulturpessimismus und ein engagierter Widerspruch zu dem weitverbreiteten Gefühl, dass die Moderne dem Untergang geweiht ist. Hass, Populismus und Unvernunft regieren die Welt, Wissenschaftsfeindlichkeit macht sich breit, Wahrheit gibt es nicht mehr: Wer die Schlagzeilen von heute liest, könnte so denken. Doch Bestseller-Autor Steven Pinker zeigt, dass das grundfalsch ist. Er hat die Entwicklung der vergangenen Jahrhunderte gründlich untersucht und beweist in seiner fulminanten Studie, dass unser Leben stetig viel besser geworden ist. Heute leben wir länger, gesünder, sicherer, glücklicher, friedlicher und wohlhabender denn je, und nicht nur in der westlichen Welt. Der Grund: die Aufklärung und ihr Wertesystem. Denn Aufklärung und Wissenschaft bieten nach wie vor die Basis, um mit Vernunft und im Konsens alle Probleme anzugehen. Anstelle von Gerüchten zählen Fakten, anstatt überlieferten Mythen zu glauben baut man auf Diskussion und Argumente. Anschaulich und brillant macht Pinker eines klar: Vernunft, Wissenschaft, Humanismus und Fortschritt sind weiterhin unverzichtbar für unser Wohlergehen. Ohne sie wird die Welt auf keinen Fall zu einem besseren Ort für uns alle. »Mein absolutes Lieblingsbuch aller Zeiten.« Bill Gates
Beiträge zur Philosophie von Harry G. Frankfurt
Author: Monika Betzler,Barbara Guckes
Publisher: Walter de Gruyter
Dieser Sammelband vereint Beiträge, die sich mit der Philosophie von Harry G. Frankfurt auseinandersetzen; er liefert einen umfassenden Überblick über die internationale Diskussion seines Werks.
Towards the Sociology of the Open Global Society
Author: Masoud Mohammadi Alamuti
Category: Political Science
Critical Rationalism and Globalization addresses how the access to critical reason enables people to shape a new social order on a global scale. This book demonstrates how the philosophy of critical rationalism contributes to the sociology of Globalization, through uncovering the role of critical reason in arriving at an agreement on common values and institutions on a global scale. It discusses how value consensus on the institutions of sovereignty and inter–state law has prepared the ground for the rise of a global system of national societies after the end of World War II. Masoud Alamuti argues that uneven openness of national economies to global trade and investment should be comprehended in the framework of the post–war legal and political context. Using the concept of rationality as openness to criticism, the book proposes a normative theory of open global society in order to show that the existing value consensus on the cult of sovereignty suffers from the recognition of the possibility of rational dialogue among competing ways of the good life. Masoud Alamuti argues that once the people of the world, across national communities, open their fundamental ways of the good life to mutual criticism, they can create common global values necessary for the rise of a just social order on a global scale. This book will be of interest to students and scholars of Globalization Studies, Global Sociology and International Relations.
Max Weber's Developmental History
Author: Wolfgang Schluchter
Publisher: Univ of California Press
Western rationalism-nature, of course, and genesis-was Max Weber's dominant historical interest. It was the grand theme of his two world historical studies, Economy and Society and The Economic Ethics of the World Religions. His studies of the relationships among economy, polity, law, and religion are lasting scholarly achievements. In this book Wolfgang Schluchter presents the most systematic analysis and elaboration ever attempted of Weber's sociology as a developmental history of the West.
Author: Trung Le
Are human beings by nature good, evil, or are we born as a blank slate? How does the philosophy of human nature impact social and political development? This is a classical philosophical question explored by the early Greek philosophers Plato and Aristotle and continues to be a relevant question of today. Essays on Ethics, Governance, and Economy also explores the philosophical debate on morality, efficient forms of governance, our modern day liberal democracy and its view on human nature, and the debate between the free-market and command economies. This book is made accessible to college students studying philosophy, politics, psychology, economics, sociology, and for anyone interested in these philosophical topics.
Critical Essays with a Reply by Alan Gewirth
Author: Edward Regis
Publisher: University of Chicago Press
Alan Gewirth's Reason and Morality directed philosophical attention to the possibility of presenting a rational and rigorous demonstration of fundamental moral principles. Now, these previously unpublished essays from some of the most distinguished philosophers of our generation subject Gewirth's program to thorough evaluation and assessment. In a tour de force of philosophical analysis, Professor Gewirth provides detailed replies to all of his critics-a major, genuinely clarifying essay of intrinsic philosophical interest.
Author: Stephen J. Pope
Publisher: Georgetown University Press
In this comprehensive anthology, twenty-seven outstanding scholars from North America and Europe address every major aspect of Thomas Aquinas's understanding of morality and comment on his remarkable legacy. While there has been a revival of interest in recent years in the ethics of St. Thomas, no single work has yet fully examined the basic moral arguments and content of Aquinas' major moral work, the Second Part of the Summa Theologiae. This work fills that lacuna. The first chapters of The Ethics of Aquinas introduce readers to the sources, methods, and major themes of Aquinas's ethics. The second part of the book provides an extended discussion of ideas in the Second Part of the Summa Theologiae, in which contributors present cogent interpretations of the structure, major arguments, and themes of each of the treatises. The third and final part examines aspects of Thomistic ethics in the twentieth century and beyond. These essays reflect a diverse group of scholars representing a variety of intellectual perspectives. Contributors span numerous fields of study, including intellectual history, medieval studies, moral philosophy, religious ethics, and moral theology. This remarkable variety underscores how interpretations of Thomas's ethics continue to develop and evolve--and stimulate fervent discussion within the academy and the church. This volume is aimed at scholars, students, clergy, and all those who continue to find Aquinas a rich source of moral insight.
Author: Robert Alexy,Ralf Dreier
Publisher: Franz Steiner Verlag
Aus dem Inhalt: > I. Plenarvotrage: R. Alexy: Eine diskurstheoretische Konzeption der praktischen Vernunft u O. Weinberger: Der Streit um die praktische Vernunft u II. Offentlicher Vortrag: M. Kriele: Zur Universalitat der Menschenrechte u III. Arbeitsgruppenreferate: J. M. Adeodato: Practical Regularities in Underdeveloped Countries u J. L. Bazan / R. Madrid: Racionalidad y Razonabilidad en el Derecho u V. Black: Putting Power in its Place u J. de Sousa e Brito: Praktische Vernunft und Utilitarismus u A. G. Conte: Deontisch vs. anankastisch u W. Eichhorn: Uber eine verfehlte und doch unverzichtbare Idee der praktischen Vernunft u U. Fazis: Theorie und Ideologie der Postmoderne u F. Galindo: La Teoriaa de los Sistemas Sociales como Teoriaa de la Practica Juriadica u G. den Hartogh: Authority and the Balance of Reasons u V. Held. Feminist Morality and the Role of Law u F. Jacobs: Das Paradigma der praktischen Unvernunft u H. Kaptein: The Morals of Post-Modern Human Rights u J. Llompart: Die praktische Vernunft praktisch betrachtet: die Argumentation mit der Menschenwuerde u C. W. Maris: Horror Vacui and the Problems of Modern Legal Philsophy u R. Martin: On G. H. von Wright's Theory of Practical Inference u K. A. Papageorgiou: Kant, ein Rechtsmoralist? Ein Blick auf seine angewandte Ethik u u.a.
Author: Murray N. Rothbard
Publisher: NYU Press
Category: Business & Economics
In his new introduction to this current edition of this classic in the field originally published in 1982, Hoppe (economics, U. of Nevada, Las Vegas--as was the late author) extols Rothbard's marriage of the "value-free" science of economics with the normative enterprise of ethics and their offspring: libertarianism. Discussion areas are: natural law, a theory of liberty, the state vs. liberty, modern alternative theories of liberty, and toward a theory of strategy for liberty.
Knowledge and Values in the Neurosciences
Publisher: Springer Science & Business Media
WALTER A. ROSENBLITH Footnotes to the Recent History of Neuroscience: Personal Reflections and Microstories The workshop upon which this volume is based offered me an opportunity to renew contact fairly painlessly with workers in the brain sciences, not just as a participant/observer but maybe as what might be called a teller of microstories. I had originally become curious about the brain by way of my wife's senior thesis, in which she attempted to relate electroencephalography to certain aspects of human behavior. As a then-budding physicist and communications engineer, I had barely heard about brain waves, nor had I studied physiology in a systematic way. My work on noise dealt with the effects of certain acoustical stimuli on biological structures and entire organisms. This was the period immediately after World War II when many scientists and engineers who had done applied work in the war effort were trying to find their way among the challenging new fields that were opening up. Francis Crick, among others, has described such a search taking place in the cafes of the "other" Cambridge, the one on the Cam. At that time the brain sciences, in his opinion, offered much less promise than molecular biology. However, he was sufficiently attracted by what they might eventually have to offer to keep an eye on them, and several decades later his work turned toward the brain.
Author: Sharon Christensen,W. D. Duncan
Publisher: Federation Press
This book examines in detail the principles underpinning professional liability both at common law (tort and contract) and by reason of statute (Trade Practices Act and Fair Trading Acts) in the context of property professionals. It includes comprehensive coverage of the Civil Liability Acts. The early chapters deal with the sources of professional liability. They include an analysis of remedies for breach of professional obligations generally and of procedural issues, such as limitation of actions, expert evidence, apportionment and contributory negligence in the setting of professional liability. The heart of the book is original and accessible material on the measure of damages as it relates to the liability of the various professionals who become involved in property transactions. There are further chapters on the liability of lenders and local authorities as organisations commonly involved. It is an essential reference for any barrister, solicitor or other professional directly or indirectly involved in litigation in this area, as well as property lawyers. With a Foreword by The Hon Justice Ian Callinan. For more detailed information about the book's purpose and structure, please read the extract from the Preface, below.
Author: Derek Morgan
Thirty years ago, English jurist Patrick Devlin wrote: "Is it not a pleasant tribute to the medical profession that by and large it has been able to manage its relations with its patients ... without the aid of lawyers and law makers". Medical interventions at the beginnings and the endings of life have rendered that assessment dated if not defeated. This book picks up some of the most important of those developments and reflects on the legal and social consequences of this metamorphosis over the past ten years, and will be of interest to students of law, sociology and ethics who want a considered and critical introduction to, and reflection on, key issues in these pivotal moments of human life.
Dialogue Or Confrontation?
Author: Victor Segesvary
Publisher: University Press of America
Inter-Civilization Relations and the Destiny of the West examines in scholarly detail, historical and philosophical background to the current turning-point of history. Segesvary brings together hermeneutics and history, and, philosophy and politics in a thought-provoking synthesis which will interest politicians, diplomats and economic development specialists.
The Empirical Bases of Normative Judgements
Author: Max Hocutt
Scientific naturalism--basing beliefs on empirical evidence--has now triumphed in every field of inquiry except moral philosophy. There it is still thought appropriate to cite otherworldly standards known by divine revelation or moral intuition. In Grounded Ethics Max Hocutt argues that, since there is no transcendent reality on which to base the claims of ethics, normative truth must be sought in the desires of individuals and the conventions of societies. Hocutt begins with an empiricist analysis of normative judgments. Following B.F. Skinner, he asserts that we call good what reinforces our desires, and that we call right or just what we desire to reinforce. Consequently, desire is the immediate measure of both goodness and justice. Acknowledging that goodness is relative to individual preferences, and justice is relative to social norms, Hocutt denies that goodness is a matter of personal opinion and that every society's institutions are as good as every other's. Instead, he says, the conduct of individuals and the customs of societies must ultimately be evaluated by how well they serve biologically based needs. These must be discovered empirically, because they cannot be known a priori. In support of this analysis, Hocutt challenges rationalist belief, that normative concepts cannot be defined in empirical terms because they are rooted in divine law or ideals of pure reason. Against this view, Hocutt argues that if the moral law exists only as an ideal, it is not binding in the same sense as the empirically known laws and moralities of actual societies. He also points out that rationalist intuitions are best understood as expressions of animal instinct, socially conditioned prejudice, and personal preference. In addition, he offers extensive critiques of major philosophers, both ancient and modern, who hold contrary views. All of this is meant to show that there is no escaping the empirical: A sensible ethics must be built on observable facts; it cannot be pulled from a vague but pious rationalist sky. Hocutt's demonstration of this thesis will interest philosophers, behavioral biologists, sociologists and ethicists.
Author: M.C. Redondo
Publisher: Springer Science & Business Media
A focus on reasons for action and practical reason is the perspective chosen by many contemporary legal philosophers for the analysis of some central questions of their discipline. This book offers a critical evaluation of that approach, by carefully examining the empirical, logical and normative problems hidden behind the concepts of `reason for action' and `practical reasoning'. Unlike most other works in this field, it is a meta-theoretical study which analyses and compares how different theories use the notion of reason in their reconstruction of problems concerning issues such as normativity, the acceptance of norms, or the justification of judicial decisions. This book is directed primarily to scholars specializing in legal theory and concerned with the contribution practical philosophy can make to it, but it also contains important arguments and insights for all those interested in the controversy between legal positivists and their critics, in the theory of human action or in reason-based practical theories in general.
The Role of Religion in the Third Millennium
Author: Robert Corfe
Publisher: Arena books
Through surveying the traditions of the major religions in the world, this book shows that those based on revelation too often tend towards a tenacity of belief which leads to irrationalism and then, in turn, to fanaticism. It presents a vision for a regenerated deism for the 21st century in helping resolve the difficult conflicts.
Objectivity and Practice in Legal Theory
Author: George Pavlakos
Publisher: Bloomsbury Publishing
In the long-standing debate between positivism and non-positivism, legal validity has always been a subject of controversy. While positivists deny that moral values play any role in the determination of legal validity, non-positivists affirm the opposite thesis. In departing from this narrow point of view, the book focuses on the notion of legal knowledge. Apart from what one takes to constitute the grounds of legal validity, there is a more fundamental issue about cognitive validity: how do we acquire knowledge of whatever is assumed to constitute the elements of legal validity? When the question is posed in this form a fundamental shift takes place. Given that knowledge is a philosophical concept, for anything to constitute an adequate ground for legal validity it must satisfy the standards set by knowledge. In exploring those standards the author argues that knowledge is the outcome of an activity of judging, which is constrained by reasons (reflexive). While these reasons may vary with the domain of judging, the reflexive structure of the practice of judging imposes certain constraints on what can constitute a reason for judging. Amongst these constraints are found not only general metaphysical limitations but also the fundamental principle that one with the capacity to judge is autonomous or, in other words, capable of determining the reasons that form the basis of action. One sees, as soon as autonomy has been introduced into the parameters of knowledge, that law is necessarily connected with every other practical domain. The author shows, in the end, that the issue of knowledge is orthogonal to questions about the inclusion or exclusion of morality, for what really matters is whether the putative grounds of legal validity are appropriate to the generation of knowledge. The outcome is far more integral than much work in current theory: neither an absolute deference to either universal moral standards or practice-independent values nor a complete adherence to conventionality and institutional arrangements will do. In suggesting that the current positivism versus non-positivism debate, when it comes to determining law's nature, misses the crux of the matter, the book aims to provoke a fertile new debate in legal theory. "George Pavlakos' engaging book tackles the fundamental question of what makes legal knowledge possible. Since all articulate thought has to conform to implicit rules of grammar, it is necessarily normatively structured. Thus normativity cannot be something external to human thinking that we study from the outside, but is intrinsic to all human practices (including the natural sciences). This insight opens up fascinating new lines of inquiry into the character of law and its relations to other normative domains." Professor Sir Neil MacCormick, Edinburgh University "With admirable analytical acumen, George Pavlakos underscores the practical character of legal knowledge as well as the importance of argumentation in legal theory. He rejects those approaches to the nature of law that rest on conventional criteria as well as those that turn on factors altogether independent of practice, developing instead the thesis that objectivity and knowledge emerge from practical activity reflecting the spontaneity of human reason. In light of this notion of legal cognition as a practical activity directed and constrained by reason, the law is seen as an enduring institution, jurisprudence as a humanistic discipline. A truly important work." Professor Dr. Robert Alexy, Christian-Albrechts-UniversitÃ¤t zu Kiel