Arts and Humanities Commons^™

The Science And Religion Dialogue: Are Philosophical Foundations Necessary?, Michael Ventimiglia

Philosophy, Theology and Religious Studies Faculty Publications

William James is well-known for arguing that different words which describe the same practical state of affairs are, in fact, equivalent in meaning. This theory of meaning is one important strain of American pragmatism, the movement which remains America’s primary philosophical contribution to intellectual history, and it invites us to consider a unique perspective on the contemporary dialogue between science and religion. Specifically, it raises the question of the necessity of philosophical foundations when there is practical agreement.

This paper argues that when practical agreement can be reached there are certain purposes for which philosophical foundations can be strategically ignored. …

Negative Emotions And Music Revisited, Peter L. Manuel

Publications and Research

No abstract provided.

Zabarella, Prime Matter, And The Theory Of Regressus, James B. South

Philosophy Faculty Research and Publications

No abstract provided.

The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan

Faculty Publications

No abstract provided.

Book Review: Between Kant And Hegel: Lectures On German Idealism, By Dieter Henrich, James Kreines

CMC Faculty Publications and Research

Recent decades have seen a surge of interest in the development of German philosophy from Kant to Hegel. A remarkable share of responsibility for this rests with Dieter Henrich, whose influence stems from his unequaled historical learning and unfailing philosophical sophistication. In 1973, Henrich gave a course of lecture son German idealism at Harvard. David Pacini and others transcribed the lectures, Pacini edited the transcripts, and they have now been published as Between Kant and Hegel.

Those looking for a broad introduction to Henrich’s approach will find one that is both sophisticated and a pleasure to read. Specialists and …

The Inexplicability Of Kant’S Naturzweck: Kant On Teleology, Explanation And Biology, James Kreines

CMC Faculty Publications and Research

Kant’s position on teleology and biology is neither inconsistent nor obsolete; his arguments have some surprising and enduring philosophical strengths. But Kant’s account will appear weak if we muddy the waters by reading him as aiming to defend teleology by appealing to considerations popular in contemporary philosophy. Kant argues for very different conclusions: we can neither know teleological judgments of living beings to be true, nor legitimately explain living beings in teleological terms; such teleological judgment is justified only as a “problematic” guideline in our search for mechanistic explanations. These conclusions are well supported by Kant’s defense of his demanding …

The Irreducibility Of Consciousness, Amy Kind

CMC Faculty Publications and Research

In this paper, by analyzing the Chalmers-Searle debate about Chalmers’ zombie thought experiment, I attempt to determine the implications that the irreducibility of consciousness has for the truth of materialism. While Chalmers claims that the irreducibility of consciousness forces us to embrace dualism, Searle claims that it has no deep metaphysical im- port and, in particular, that it is fully consistent with his materialist the- ory of mind. I argue that this disagreement hinges on the notion of physi- cal identity in play in the discussion. Clarifying this notion in turn helps to clarify what it means to claim that …

Empiricism, Edward N. Martin

SOR Faculty Publications and Presentations

No abstract provided.

Review: There Shall Be No Poor Among You: Poverty In The Bible, Donald L. Fowler

SOR Faculty Publications and Presentations

No abstract provided.

Review: Systematic Theology: Prolegomena, James A. Borland

SOR Faculty Publications and Presentations

No abstract provided.

The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand

Articles

On October 19, 2004, the European Court of Justice held its first en banc hearing since the 2004 enlargement to twenty-five Member States. The case was Opinion 1/03, involving a request by the Council of the European Union on whether the Community has exclusive or shared competence to conclude the Lugano Convention. While the case on its face deals only with a single convention, it has far broader implications and is likely to influence the development of private international law and private law on a Community level for years to come. This brief article traces the origins of the issues …

Averroes: Religious Dialectic And Aristotelian Philosophical Thought, Richard C. Taylor

Philosophy Faculty Research and Publications

Abu al-Walid Muhammad ibn Ahmad ibn Muhammad ibn Rushd (ca. 1126-98), who came to be known in the Latin West as Averroes, was born at Cordoba into a family prominent for its expert devotion to the study and development of religious law (shar'ia). In Arabic sources al-Hafid (“the Grandson”) is added to his name to distinguish him from his grandfather (d. 1126), a famous Malikite jurist who served the ruling Almoravid regime as qadi (judge) and even as imam (prayer leader and chief religious authority) at the magnificent Great Mosque which still stands today in the city of …

The Agent Intellect As “Form For Us” And Averroes’S Critique Of Al-Fârâbî, Richard C. Taylor

Philosophy Faculty Research and Publications

This article explicates Averroes's understanding of human knowing and abstraction in this three commentaries on Aristotle's De Anima. While Averroes's views on the nature of the human material intellect changes through the three commentaries until he reaches is famous view of the unity of the material intellect as one for all human beings, his view of the agent intellect as 'form for us' is sustained throughout these works. In his Long Commentary on the De Anima he reveals his dependence on al-Fârâbî for this notion and provides a detailed critique of the Farabian notion that the agent intellect is 'form …

Did The Ancient Greeks Have A Concept Of Human Rights?, Anthony Preus

Philosophy Faculty Scholarship

"Although there is no single word in the classical Greek that captures the sense that modern political thinkers give to the word "rights" as it is used in the phrase "human rights," classical Greek and Roman texts have a good deal to contribute to 21st-century discussions of human rights."

Herbert Spiegelberg, Sebastian Luft

Philosophy Faculty Research and Publications

No abstract provided.

The Non-Modularity Of Moral Knowledge: Implications For The Universality Of Human Rights, Theresa Tobin

Philosophy Faculty Research and Publications

Many contemporary human rights theorists argue that we can establish the normative universality of human rights despite extensive cultural and moral diversity by appealing to the notion of overlapping consensus. In this paper I argue that proposals to ground the universality of human rights in overlapping consensus on the list of rights are unsuccessful. I consider an example from Islamic comprehensive doctrine in order to demonstrate that apparent consensus on the list of rights may not in fact constitute meaningful agreement and may not be sufficient to ground the universality of human rights. I conclude with some general suggestions for …

The Conservative's Dilemma: Traditional Institutions, Social Change, And Same-Sex Marriage, Amy L. Wax

All Faculty Scholarship

No abstract provided.

Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Law, Ethics And Mystery, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Wealth, Utility, And The Human Dimension, Jonathan Klick, Francesco Parisi

All Faculty Scholarship

Functional law and economics, which draws its influence from the public choice school of economic thought, stands in stark contrast to both the Chicago and Yale schools of law and economics. While the Chicago school emphasizes the inherent efficiency of legal rules, and the Yale school views law as a solution to market failure and distributional inequality, functional law and economics recognizes the possibility for both market and legal failure. That is, while there are economic forces that lead to failures in the market, there are also structural forces that limit the law’s ability to remedy those failures on an …

Masochism: A Queer Subjectivity?, Amber Musser

Publications and Research

Judith Butler's Gender Trouble elaborates what may be called a queer subjectivity. Characterized by non-essential, performative identity, her theory has been criticized because, according to its critics, it does not give the subject political agency. Liberal theorists, such as Seyla Benhabib, have been particularly concerned with the political effects of this form of subjectivity on already marginalized social groups while other theorists, such as Susan Stryker and Ed Cohen, have articulated concern that the theory does not sufficiently account for embodiment, affect, and identity. This essay brings Deleuze's theory of masochism in dialogue with Butler's theories of subjectivity in an …

The Reach Of Abduction: Insight And Trial (Book Review), G. C. Goddu

Philosophy Faculty Publications

The Reach of Abduction is the second volume in a planned three-volume set - A Practical Logic of Cognitive Systems - spanning relevance, abduction, and fallacious reasoning. Despite this fact, Gabbay and Woods write in the preface that "we have written the individual volumes with a view to their being read either as stand-alone works or as linked and somewhat overlapping items in the series" (p. xvii). The aim of The Reach of Abduction is to embed abduction "within a practical logic of cognitive systems" and in so doing, provide "an adequate stand-alone characterization of abduction itself' (p. 9). At …

The Perverse Paradox Of Privacy, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

The most recent effort of the Supreme Court of the United States to define the judicially created constitutional right to privacy has demonstrated once again why that contrived right poses such a pronounced threat to constitutional self-government. In writing for the majority in Lawrence v. Texas (2003) to overrule a case of only seventeen years' standing that allowed the states to prohibit homosexual sodomy, Justice Anthony Kennedy insisted that the idea of liberty in the Constitution's due process clauses is not limited to protecting individuals form "unwarranted governmental intrusions into a dwelling or other private places" but has "transcendent dimensions" …

The Technology Of Biopower: A Response To Todd May's "Foucault Now?", Ladelle Mcwhorter

Philosophy Faculty Publications

Because the occasion for his essay was the inaugural conference of the newly formed Foucault Society in New York City in the spring of 2005, Todd May takes as his point of departure the question of whether Foucault’s work is valuable to the sort of people who have come together to form that society: philosophers, artists, political activists, and in general to concerned citizens today, twenty years after Michel Foucault’s death. As might be expected given the Society’s raison d’être, May answers this question in the affirmative. But exactly how is Foucault’s work still relevant? It is his answer …

Fair Notice And Fair Adjudication: Two Kinds Of Legality, Paul H. Robinson

All Faculty Scholarship

We distinguish our form of government and our legal system from others by our commitment to the rule of law. In the criminal law, in particular, this commitment is aggressively enforced through a series of doctrines that taken together demand a prior legislative enactment of a prohibition expressed with precision and clarity, traditionally bannered as the legality principle. But it is argued in this article that the traditional legality principle analysis conflates two distinct issues: one relating to the ex ante need for fair notice, the other to the ex post concern for fair adjudication. There are in fact two …

The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Tobias Barrington Wolff, Robert Paul Wolff

All Faculty Scholarship

Efforts at progressive educational reform in general, and affirmative action in particular, frequently encounter a rhetorically powerful objection: Merit. The story of merit proclaims that high-achieving applicants - those who have already made effective use of educational opportunities in the past and demonstrated a likelihood of being able to do so in the future - enjoy a morally superior claim in the distribution of scarce educational resources. Past achievement, in other words, entitles an applicant to a superior education. This moral framework of merit serves as a constant counterpoint in debates over affirmative action, including those contained in the Court's …

The Protestant Revolutions And Western Law, William Ewald

All Faculty Scholarship

No abstract provided.

Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton

All Faculty Scholarship

No abstract provided.