We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights these important but neglected questions and offers novel answers to them in a systematic way, constructing a normative framework of risk imposition that draws upon a wide range of insights from diverse sources within philosophy and legal theory. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights these important but neglected questions and offers novel answers to them in a systematic way, constructing a normative framework of risk imposition that draws upon a wide range of insights from diverse sources within philosophy and legal theory. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--
In contemporary philosophy, the will is often regarded as a sheer philosophical fiction. In Will as Commitment and Resolve, Davenport argues not only that the will is the central power of human agency that makes decisions and forms intentions but also that it includes the capacity to generate new motivation different in structure from prepurposive desires. The concept of "projective motivation" is the central innovation in Davenport's existential account of the everyday notion of striving will. Beginning with the contrast between "eastern" and "western" attitudes toward assertive willing, Davenport traces the lineage of the idea of projective motivation from NeoPlatonic and Christian conceptions of divine motivation to Scotus, Kant, Marx, Arendt, and Levinas. Rich with historical detail, this book includes an extended examination of Platonic and Aristotelian eudaimonist theories of human motivation. Drawing on contemporary critiques of egoism, Davenport argues that happiness is primarily a byproduct of activities and pursuits aimed at other agent-transcending goods for their own sake. In particular, the motives in virtues and in the practices as defined by Alasdair MacIntyre are projective rather than eudaimonist. This theory is supported by analyses of radical evil, accounts of intrinsic motivation in existential psychology, and contemporary theories of identity-forming commitment in analytic moral psychology. Following Viktor Frankl, Joseph Raz, and others, Davenport argues that Harry Frankfurt's conception of caring requires objective values worth caring about, which serve as rational grounds for projecting new final ends. The argument concludes with a taxonomy of values or goods, devotion to which can make life meaningful for us.
This book collects John Gardner's celebrated essays on the theory of private law, alongside two new essays. Together they range across the central puzzles in understanding the significance of outcomes, the role of justice in private law, strict liability, the reasonable person standard, and the role of public policy in tort law.
Choosing the Right College is the most in-depth, independently researched college guide on the market, and the only source for students and parents who want the unvarnished truth about America’s top colleges and universities. Updated and expanded, Choosing the Right College 2012-13 features incisive essays, telling statistics, and revealing sidebars on 140 schools—Ivy League institutions, state universities, liberal arts colleges, religious schools, military academies, and lesser-known schools worth a careful look. Here you’ll discover information you can’t get anywhere else about the intellectual, political, and social conditions at each institution, including: •Insider tips on the best—and worst—departments, courses, and professors •The statistics that colleges don’t want you to know •A unique “traffic light” feature—red, yellow, or green—that reveals the state of intellectual freedom and the extent of political correctness on campus •The truth about day-to-day student life: the social scene, living arrangements, campus safety, clubs, sports, traditions, and much more •A roadmap for getting a real education at any school, whether a huge state university or a tiny liberal arts college •Essential financial information, including the extent of need-based financial aid and the average student-debt load of graduates •The most overpriced colleges—and the good values you don’t know about "Practically every aspect of university life that a potential student would want to investigate can be found within these pages.”—THOMAS E. WOODS JR., Ph.D., bestselling author of Meltdown
Since the publication of Sang Hyun Lee's revolutionary commentary, The Philosophical Theology of Jonathan Edwards, scholars have considered the possibilities of understanding Jonathan Edwards's thought in terms of dispositional laws, forces, and habits. While some scholars reject the notion of a dispositional ontology in Edwards, others have taken the concept of disposition in his thought beyond the usage the Northampton minister ever indicated, especially with respect to soteriological considerations. The preacher of "Sinners in the Hands of an Angry God" is made to be an inclusivist, if not a crypto-universalist. Jonathan Edwards's Vision of Reality substantiates that Edwards, in an effort to combat deistic and materialistic Enlightenment paradigms, employs dispositions in his philosophy, but that his radical theocentrism and Calvinistic particularism established its boundaries within his apologetical reconsideration of spatiotemporal and metaphysical reality. Within his "spiritual vision" of reality, Edwards leaves no stone unturned: history and even the reprobate find inherent value and a positive functional role not only in God's program of self-glorification but as manifestations of divine being--the damned are "deformities" in God. The logic of Edwards's theocentric vision of reality pushes his ideas to the limits of acceptable Reformed orthodoxy, and sometimes beyond those limits.
What is the difference between the movements in our bodies we cause personally ourselves, such as the movements of our legs or our lips when we walk or speak, and the movements we do not cause personally, such as the contraction of the heart? Is an act that is done under duress done voluntarily, out of choice? Should duress exculpate a defendant completely, or should it merely mitigate the criminality of an act? When we explain an intentional act by stating our reasons for doing it, do we explain it causally or teleologically, or both? Should we care whether our choices are guided by knowledge or mere true belief? In Action, Knowledge, and Will, John Hyman explores these and other central problems in the philosophy of action and the theory of knowledge, and connects these areas of enquiry in a new way. The main premise of the book is that human action has four irreducibly different dimensions, each with its own family of concepts: - a physical dimension, in which the principal concepts are those of agent, power, and causation; - a psychological dimension, with the concepts of desire, aim, and intention; - an ethical dimension, with the concepts of voluntariness and choice; - an intellectual dimension, with the concepts of reason, knowledge, and belief. Studying each of these dimensions of human action separately yields a string of original results, culminating in a new analysis of the relationship between knowledge and rational behaviour, which provides the foundation for a new theory of knowledge itself.
In a pluralistic society such as ours, tolerance is a virtue—but it doesn't always seem so. Some suspect that it entangles us in unacceptable moral compromises and inequalities of power, while others dismiss it as mere political correctness or doubt that it can safeguard the moral and political relationships we value. Tolerance among the Virtues provides a vigorous defense of tolerance against its many critics and shows why the virtue of tolerance involves exercising judgment across a variety of different circumstances and relationships—not simply applying a prescribed set of rules. Drawing inspiration from St. Paul, Aquinas, and Wittgenstein, John Bowlin offers a nuanced inquiry into tolerance as a virtue. He explains why the advocates and debunkers of toleration have reached an impasse, and he suggests a new way forward by distinguishing the virtue of tolerance from its false look-alikes, and from its sibling, forbearance. Some acts of toleration are right and good, while others amount to indifference, complicity, or condescension. Some persons are able to draw these distinctions well and to act in accord with their better judgment. When we praise them as tolerant, we are commending them as virtuous. Bowlin explores what that commendation means. Tolerance among the Virtues offers invaluable insights into how to live amid differences we cannot endorse—beliefs we consider false, actions we think are unjust, institutional arrangements we consider cruel or corrupt, and persons who embody what we oppose.
“By far the best college guide, for both its honesty and its insights.” —Thomas Sowell Over the past decade, Choosing the Right College has established itself as the indispensable resource for students—and parents—who want the unvarnished truth about America’s top colleges and universities. It is the most in-depth, independently researched college guide on the market, using on-campus sources to turn up the best—and worst—aspects of nearly 150 schools. Just as important, Choosing the Right College covers the intellectual, political, and social conditions that really matter, including: · The integrity and rigor of the curriculum · Which courses and professors to take—and which to avoid · The prevalence of politics in the classroom and the state of free speech—all highlighted with ISI’s unique “traffic light” · Living arrangements, safety, and other keys to student life · How to get a real education at any school Beyond all that, this brand-new edition of Choosing the Right College features a host of innovations, including: “So You’re Looking For...,” top-five lists of colleges for all types of students; a quick list of each school’s strengths and weaknesses; an insider’s look at the pros and cons of online education; and more. This new edition of Choosing the Right College also provides the financial information families need in this age of soaring tuition. What are the most overpriced colleges—and which are relatively good values? What is the average student-debt load? To cap it all off, Choosing the Right College introduces the groundbreaking feature “Blue Collar Ivies”—in-depth reports on the best affordable colleges in all fifty states. Choosing the Right College 2014–15 will completely change the way young people make a life-altering decision.
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