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The Legacy of the Vienna Circle (Vienna Circle Institute Yearbook #30)
by Georg SchiemerThis book gives a critical evaluation of the Vienna Circle, its historical influences, and the philosophical legacy of logical empiricism. The first part of the volume contains nine original research articles by leading experts in the field on the philosophical work of Rudolf Carnap, Philipp Frank, Otto Neurath, Janina Hosiassion-Lindenbaum, Susan Stebbing, and Gustav Hempel (among others) and their respective influence on subsequent developments in philosophy and the science studies. Topics addressed in the volume include: scientific humanism and non-cognitivism, scientific pluralism, the post-war reception of Logical Empiricism, relativism and the sociology of science, inductive reasoning and probability theory, as well as aspects of logical theory reconstruction. This book is of relevance to scholars and advanced students interested in the history of logical empiricism and the history of philosophy of science more generally.
The Legal Dimensions of Oil and Gas in Iraq
by Rex J. ZedalisThis volume presents the first and only comprehensive examination of the legal issues surrounding international debt recovery on claims against Iraqi oil and gas. In addition to presenting a snapshot view of Iraq's outstanding debt obligations and an analysis of the significance of the theory of odious debt in the context of the Iraqi situation, the list of legal issues examined includes relevant provisions of the Iraqi Constitution of 2005, controlling Security Council resolutions, pertinent articles of the KRG oil and gas law (No. 22) of 2007 and the many nuanced and technical questions raised thereby, legal pronouncements aimed at protecting Iraqi oil and gas and those adopted in selected other nations, and general problems associated with recognition and enforcement of awards or judgments that may involve such oil and gas or revenues from the sale thereof. Also discussed are the lessons learned by the handling of the Iraq debt experience and the transferability of those lessons to future situations in which resource-rich nations may have outstanding financial obligations to other members of the world community or their nationals.
The Legal Legacy of the Reformation: Catholic and Protestant Approaches to Law (Law and Religion)
by John DuddingtonThe growing interest in the relationship between religion and law is, in the case of Christianity, often viewed in monolithic terms. Moreover, the debate is often seen in terms of the relationship of Christianity to the state along with discussions about, for example, religious freedom. Christianity is often seen as responding to claims made on it by the state and by the growth of secularism.This book takes a different approach. First, it makes the claim that Christianity has something of value to say about various pressing issues which are of direct relevance to contemporary society. Amongst these are the place of human rights and that of individual claims of conscience. Second, it does not regard Christianity as a monolithic whole but takes as its starting point the sundering of Christendom at the Reformation, which, it claims, led in many cases to divergent patterns of thought between Catholics and Protestants about law and its place in society. However, as this book shows, in many cases, Catholic and Protestant thinking on areas such as natural law is not as divergent as it is often thought.Five hundred years after the Reformation, the work presents a reflection on the roots of Catholic and Protestant thinking on law and its place in society. It will be of interest to canon lawyers as well as academics and students of law and religion.
The Legal Order: Studies in the Foundations of Juridical Thinking (Law and Philosophy Library #123)
by Åke FrändbergIn this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the J-concepts, especially of technical (not ideological or evaluative) J-concepts. Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law. The work can be characterised as presenting a lawyer´s philosophy of law.
The Legal Theory of Carl Schmitt
by Mariano Croce Andrea SalvatoreThe Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.
The Legal Theory of Ethical Positivism (Applied Legal Philosophy #2)
by Tom D. CampbellThe Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This is supplemented by an analysis of the formal similarities of the morally and legally adjudicative points of view which offers the prospects of attributing a degree of moral authority to positivistic rule application in particular cases. These theories are worked through in their application to specific problem areas, particularly freedom of communication.
The Legend Of Lao Tzu And The Tao Te Ching
by Demi<P>THIS IS THE LEGEND OF LAO TZU, who may or may not have been born; who may or may not have founded Taoism, on of the greatest religions in the world; and who may or may not have written one of the greatest books of wisdom in the world: the Tao Te Ching, or the "Way of Heaven." <P><P> This thoughtful and thought-provoking book opens with a biography of Lao Tzu, the mysterious philosopher who is said to have been born at the age of eighty-one with snow-white hair, the ability to walk and talk, and unparalleled wisdom. Many credit him with creating the Tao Te Ching, which was written for the good of all humankind. <P><P>Twenty of the eighty-one passages of the Tao Te Ching are included here, paired with stunning illustrations by the award-winning artist Demi. On topics ranging from silence to moderation, from governing to the balance of earth and heaven, these passages carry a powerful message and are sure to give each and every reader something new to consider.
The Legend of Zelda and Philosophy
by Luke CuddyWith both young and adult gamers as loyal fans, The Legend of Zelda is one of the most beloved video game series ever created. The contributors to this volume consider the following questions and more: What is the nature of the gamer's connection to Link? Does Link have a will, or do gamers project their wills onto him? How does the gamer experience the game? Do the rules of logic apply in the game world? How is space created and distributed in Hyrule (the fictional land in which the game takes place)? How does time function? Is Zelda art? Can Hyrule be seen as an ideal society? Can the game be enjoyable without winning? The Legend of Zelda and Philosophy not only appeals to Zelda fans and philosophers but also puts video games on the philosophical map as a serious area of study.
The Legend of Zelda and Philosophy: I Link Therefore I Am
by Luke CuddyStudents of philosophy and of video games, of course, but also of literature, education, media, communication, and other fields examine a particular video game as a gateway into pondering the significance of the entire realm. Among the topics are critical thinking in the gaming and real worlds, the hero with a thousand hearts, slave morality and master swords, Zelda as a communication game, temporality, Hyrule's green and pleasant land, Zeldathustra, the Triforce and the doctrine of the mean, the legend of feminism, and getting to know the world next door.
The Legend of the Middle Ages: Philosophical Explorations of Medieval Christianity, Judaism, and Islam
by Lydia G. Cochrane Rémi BragueModern interpreters have variously cast the Middle Ages as a benighted past from which the West had to evolve and, more recently, as the model for a potential future of intercultural dialogue and tolerance. The Legend of the Middle Ages cuts through such oversimplifications to reconstruct a complicated and philosophically rich period that remains deeply relevant to the contemporary world. Featuring a penetrating interview and sixteen essays--only three of which have previously appeared in English--this volume explores key intersections of medieval religion and philosophy. With characteristic erudition and insight, Rémi Brague focuses less on individual Christian, Jewish, and Muslim thinkers than on their relationships with one another. Their disparate philosophical worlds, Brague shows, were grounded in different models of revelation that engendered divergent interpretations of the ancient Greek sources they held in common. So, despite striking similarities in their solutions for the philosophical problems they all faced, intellectuals in each theological tradition often viewed the others' ideas with skepticism, if not disdain. Such divisions, Brague contends, debunk notions that the medieval Mediterranean world was a European or Islamic cultural center in which different groups of people harmoniously mingled. His clear-eyed and revelatory portrayal of this misunderstood age brings to life not only its philosophical and theological nuances, but also its true lessons for our own time.
The Legislative Branch of Federal Government: People, Process, and Politics
by Gary P. GershmanPart of ABC-Clio's About Federal Government series, this book by Gershman (history and legal studies, Nova Southeastern U.) introduces the history and current realities of the US Congress to a general readership. He offers chapters on US constitutional history as it pertains to Congress; the evolving roles, functions, and powers of the legislative branch; Congressional structures and processes; leadership roles and significant individual legislators; historical and contemporary politics of the legislature; and interactions with other branches. He also offers 230 pages of historical documents, including major pieces of legislation, Supreme Court cases, and articles of impeachment. Additionally, a glossary of concepts and people and an annotated bibliography are included
The Legislative Legacy of Congressional Campaigns
by Tracy SulkinDo members of Congress follow through on the appeals they make in campaigns? The answer to this question lies at the heart of assessments of democratic legitimacy. This study demonstrates that, contrary to the conventional wisdom that candidates' appeals are just 'cheap talk', campaigns actually have a lasting legacy in the content of representatives' and senators' behavior in office. Levels of promise-keeping vary in a systematic fashion across legislators, across types of activity, across time and across chamber. Moreover, legislators' responsiveness to their appeals shapes their future electoral fortunes and career choices, and their activity on their campaign themes leaves a tangible trace in public policy outputs. Understanding the dynamics of promise-keeping thus has important implications for our evaluations of the quality of campaigns and the strength of representation in the United States.
The Legitimacy of International Trade Courts and Tribunals (Studies on International Courts and Tribunals )
by Geir Ulfstein Robert Howse Ruiz-Fabri Hélène Michelle Q. ZangThe recent rise of international trade courts and tribunals deserves systemic study and in-depth analysis. This volume gathers contributions from experts specialized in different regional adjudicators of trade disputes and scrutinizes their operations in the light of the often-debated legitimacy issues. It not only looks into prominent adjudicators that have played a significant role for global and regional integration, but it also includes the newly established and/or less-known judicial actors. Critical topics covered range from procedures and legal techniques during the adjudication process to the pre- and postadjudication matters in relation to forum selection and decision implementation. The volume features cross-cutting interdisciplinary discussions among academics and practitioners, lawyers, philosophers, and political scientists. In addition to fulfilling the research vacuum, it aims to address the challenges and opportunities faced in international trade adjudication.
The Legitimacy of Medical Treatment: What Role for the Medical Exception? (Biomedical Law and Ethics Library)
by Sara Fovargue Alexandra MullockWhenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine. Chapter 6 of this book 'Family perspectives on proper medical treatment for people in prolonged vegetative and minimally conscious states' by Celia Kitzinger and Jenny Kitzinger is available under an open access CC BY NC ND license and can be viewed at: http://preview.ncbi.nlm.nih.gov/books/prevqa/NBK199156/ .
The Legitimacy of Poetic Reason
by O. Bradley BasslerMany philosophical accounts of reason are geared toward providing rational justifications ex post facto rather than accounting for the role reason plays in actu in the process of creative work. Moreover, when in actu accounts of reason are given, they are usually too narrow to describe the sort of high-level creative work that is involved in the composition of poetry or the creation of a scientific theory. This book suggests that the rudiments of a broader account are found in various German Idealist figures, most notably the philosopher-novelist-critic Friedrich Schlegel and the philosophical poet and novelist Friedrich Hölderlin. However, German Idealism generally is subject to Hans Blumenberg ‘s secularization critique which provides a strong prima facie argument that the accounts of poetic reason suggested by Schlegel and Hölderlin are indefensible. This book argues that confronting Blumenberg’s secularization critique and his associated legitimation of modernity with a romantic conception of poetic reason requires revisions on both sides, and that the work of Lacan is especially well-suited to provide the conditions upon which a legitimation of poetic reason can be provided.
The Legitimacy of the Middle Ages: On the Unwritten History of Theory
by Andrew Cole D. Vance SmithThis collection of essays argues that any valid theory of the modern should--indeed must--reckon with the medieval. Offering a much-needed correction to theorists such as Hans Blumenberg, who in his Legitimacy of the Modern Age describes the "modern age" as a complete departure from the Middle Ages, these essays forcefully show that thinkers from Adorno to Žižek have repeatedly drawn from medieval sources to theorize modernity. To forget the medieval, or to discount its continued effect on contemporary thought, is to neglect the responsibilities of periodization. In The Legitimacy of the Middle Ages, modernists and medievalists, as well as scholars specializing in eighteenth-, nineteenth-, and twentieth-century comparative literature, offer a new history of theory and philosophy through essays on secularization and periodization, Marx's (medieval) theory of commodity fetishism, Heidegger's scholasticism, and Adorno's nominalist aesthetics. One essay illustrates the workings of medieval mysticism in the writing of Freud's most famous patient, Daniel Paul Schreber, author of Memoirs of My Nervous Illness (1903). Another looks at Michael Hardt and Antonio Negri's Empire, a theoretical synthesis whose conscientious medievalism was the subject of much polemic in the post-9/11 era, a time in which premodernity itself was perceived as a threat to western values. The collection concludes with an afterword by Fredric Jameson, a theorist of postmodernism who has engaged with the medieval throughout his career. Contributors: Charles D. Blanton, Andrew Cole, Kathleen Davis, Michael Hardt, Bruce Holsinger, Fredric Jameson, Ethan Knapp, Erin Labbie, Jed Rasula, D. Vance Smith, Michael Uebel
The Lesser Evil: Moral Approaches to Genocide Practices (Totalitarianism Movements and Political Religions)
by Helmut Dubiel Gabriel MotzkinThis book comprises 14 essays by scholars who disagree about the methods and purposes of comparing Nazism and Communism. The central idea is that if these two different memories of evil were to develop in isolation, their competition for significance would distort the real evils both movements propagated. Whilst many reject this comparison because they feel it could relativize the evil of one of these movements, the claim that a political movement is uniquely evil can only be made by comparing it to another movement.How do these issues affect postwar interrelations between memory and history? Are there tensions between the ways postwar societies remember these atrocities, and the ways in which intellectuals and scholars reconstruct what happened? Nazism and Communism have been constantly compared since the 1920s. A sense of the ways in which these comparisons have been used and abused by both Right and Left belongs to our common history.These twentieth century evils invite comparison, if only because of their traumatic effects. We have an obligation to understand what happened, and we also have an obligation to understand how we have dealt with it.
The Lesser Evil: Political Ethics in an Age of Terror
by Michael IgnatieffMust we fight terrorism with terror, match assassination with assassination, and torture with torture? Must we sacrifice civil liberty to protect public safety? In the age of terrorism, the temptations of ruthlessness can be overwhelming. But we are pulled in the other direction too by the anxiety that a violent response to violence makes us morally indistinguishable from our enemies. There is perhaps no greater political challenge today than trying to win the war against terror without losing our democratic souls. Michael Ignatieff confronts this challenge head-on, with the combination of hard-headed idealism, historical sensitivity, and political judgment that has made him one of the most influential voices in international affairs today. Ignatieff argues that we must not shrink from the use of violence--that far from undermining liberal democracy, force can be necessary for its survival. But its use must be measured, not a program of torture and revenge. And we must not fool ourselves that whatever we do in the name of freedom and democracy is good. We may need to kill to fight the greater evil of terrorism, but we must never pretend that doing so is anything better than a lesser evil. In making this case, Ignatieff traces the modern history of terrorism and counter-terrorism, from the nihilists of Czarist Russia and the militias of Weimar Germany to the IRA and the unprecedented menace of Al Qaeda, with its suicidal agents bent on mass destruction. He shows how the most potent response to terror has been force, decisive and direct, but--just as important--restrained. The public scrutiny and political ethics that motivate restraint also give democracy its strongest weapon: the moral power to endure when the furies of vengeance and hatred are spent. The book is based on the Gifford Lectures delivered at the University of Edinburgh in 2003.
The Lesser Existences: Étienne Souriau, an Aesthetics for the Virtual (Univocal)
by David LapoujadeOn the complex aesthetics and ontology at work in Étienne Souriau&’s unique oeuvre In this concise but expansive exegesis of the philosophical aesthetics of Étienne Souriau, philosopher David Lapoujade provides a lucid introduction to many of the key concepts underpinning Souriau&’s existential pluralism. Among the various modes of existence that populate a world, Souriau grants particular importance to virtual beings—the lesserexistences. Always taking the form of a sketch or an outline, the perfection of such existences lies precisely in the incompletion with which they imbue all reality. They exist with a problematizing force, posing questions and inviting the establishment of an &“art&” that would make them more real. And yet, for this to happen, another existence must first see them—must be capable of hearing their appeals—and must be willing to defend their right to exist.Through discussions of modern art ranging from the dispossessed characters of Kafka and Beckett to the grids of Agnes Martin and the protographies of Oscar Muñoz, Lapoujade leads the reader into a complex philosophical world, brimming with modal existences and animated by a unique conception of creative processes, where the philosopher as artist or artist as philosopher becomes an advocate, defending the right of certain realities to gain in existence. For Souriau, nothing is given in advance, everything is a work in the making: such is the instaurative practice that grounds his entire oeuvre.
The Lesson of Carl Schmitt: Four Chapters on the Distinction between Political Theology and Political Philosophy
by Heinrich MeierHeinrich Meier’s work on Carl Schmitt has dramatically reoriented the international debate about Schmitt and his significance for twentieth-century political thought. In The Lesson of Carl Schmitt, Meier identifies the core of Schmitt’s thought as political theology—that is, political theorizing that claims to have its ultimate ground in the revelation of a mysterious or suprarational God. This radical, but half-hidden, theological foundation underlies the whole of Schmitt’s often difficult and complex oeuvre, rich in historical turns and political convolutions, intentional deceptions and unintentional obfuscations. In four chapters on morality, politics, revelation, and history, Meier clarifies the difference between political philosophy and Schmitt’s political theology and relates the religious dimension of his thought to his support for National Socialism and his continuing anti-Semitism. New to this edition are two essays that address the recently published correspondences of Schmitt—particularly with Hans Blumberg—and the light it sheds on his conception of political theology.
The Lesson of this Century: With Two Talks on Freedom and the Democratic State
by Karl PopperOne of the century's greatest and most influential thinkers, Karl Popper reminds us that we must recognize our responsibilities in preserving the democratic system we enjoy: it is our actions which will create the world of tomorrow.In these interviews with journalist Giancarlo Bosetti, Karl Popper ranges widely over contemporary political and social issues. He reflects on many topics, from the decline of the Soviet Union and the danger of a Third World War, to our obligations to children and the potentially harmful influence of television. He warns us that the increasing violence and egotism of our society, if unchecked, will imperil our civilisation. The volume also contains two talks on the theory of democracy, arguing that democracy has never been the rule of the people (nor can or should it be), but only the best method we know for preventing tyranny.
The Lessons of History
by Will Durant Ariel DurantIn this illuminating and thoughtful book, Will and Ariel Durant have succeeded in distilling for the reader the accumulated store of knowledge and experience from their four decades of work on the ten monumental volumes of The Story of Civilization. The result is a survey of human history, full of dazzling insights into the nature of human experience, the evolution of civilization, the culture of man. With the completion of their life's work they look back and ask what history has to say about the nature, the conduct and the prospects of man, seeking in the great lives, the great ideas, the great events of the past for the meaning of man's long journey through war, conquest and creation -- and for the great themes that can help us to understand our own era.To the Durants, history is "not merely a warning reminder of man's follies and crimes, but also an encouraging remembrance of generative souls...a spacious country of the mind, wherein a thousand saints, statesmen, inventors, scientists, poets, artists, musicians, lovers, and philosophers still live and speak, teach and carve and sing...."Designed to accompany the ten-volume set of The Story of Civilization, The Lessons of History is, in its own right, a profound and original work of history and philosophy.
The Lessons of Tragedy: Statecraft and World Order
by Hal Brands Charles EdelA “brilliant” examination of American complacency and how it puts the nation’s—and the world’s—security at risk (The Wall Street Journal).The ancient Greeks hard-wired a tragic sensibility into their culture. By looking disaster squarely in the face, by understanding just how badly things could spiral out of control, they sought to create a communal sense of responsibility and courage—to spur citizens and their leaders to take the difficult actions necessary to avert such a fate. Today, after more than seventy years of great-power peace and a quarter-century of unrivaled global leadership, Americans have lost their sense of tragedy. They have forgotten that the descent into violence and war has been all too common throughout human history. This amnesia has become most pronounced just as Americans and the global order they created are coming under graver threat than at any time in decades.In a forceful argument that brims with historical sensibility and policy insights, two distinguished historians argue that a tragic sensibility is necessary if America and its allies are to address the dangers that menace the international order today. Tragedy may be commonplace, Brands and Edel argue, but it is not inevitable—so long as we regain an appreciation of the world’s tragic nature before it is too late.“Literate and lucid—sure to interest to readers of Fukuyama, Huntington, and similar authors as well as students of modern realpolitik.” —Kirkus Reviews
The Letters of Abelard and Heloise
by M. T. Clanchy Betty RadiceThe story of the relationship between Abelard and Heloise is told through the letters of Peter Abelard, a French philosopher and one of the greatest logicians of the twelfth century, and of his gifted pupil Heloise. Through their impassioned writings unfolds the story of a romance, from its reckless, ecstatic beginnings through to public scandal, an enforced marriage and its devastating consequences. They also offer insight into religious life in the Middle Ages. This is the revised edition of Betty Radice's translation, in which Michael Clanchy, the biographer of Abelard, updates the scholarship on the letters and the lovers. This volume includes Abelard's autobiography and his spiritual advice to Heloise and her nuns, as well as a selection of the 'lost love letters' of Abelard and Heloise, letters between Heloise and Peter the Venerable, two of Abelard's hymns, a chronology, notes and maps.
The Letters of Abelard and Heloise
by C. K. MoncrieffAbelard, a prominent twelfth-century theologian, is hired to tutor Heloise, a brilliant pupil who becomes his lover and the mother of his child. Although the two are secretly married, a misunderstanding leads to Abelard's castration by Heloise's uncle, followed by the lovers' permanent separation. Abelard retreats to a monastery and Heloise to a nunnery — and their subsequent correspondence captured the romantic imaginations of generations of readers. The letters offer insights into the thinking of Abelard, who ranks among the Middle Ages' foremost philosophers, and the spirited determination of Heloise, an early feminist. They have also excited ongoing controversy in terms of their historical content and significance. Translator C. K. Scott Moncrieff takes a modern approach to the correspondence, adding new significance to its reflection of medieval attitudes toward love, marriage, and religion.