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Books > Philosophy > Topics in philosophy > Ethics & moral philosophy > General
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions - as opposed to those of the common law - the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake's breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.
The book aims to introduce a research concept called "Numanities", as one possible attempt to overcome the current scientific, social and institutional crisis of the humanities. Such crisis involves their impact on, and role within, society; their popularity among students and scholars; and their identity as producers and promoters of knowledge. The modern western world and its economic policies have been identified as the strongest cause of such a crisis. Creating the conditions for, but in fact encouraging it. However, a self-critical assessment of the situation is called for. Our primary fault as humanists was that of stubbornly thinking that the world's changes could never really affect us, as - we felt - our identity was sacred. In the light of these approaches, the main strengths of humanities have been identified in the ability to: promote critical thinking and analytical reasoning; provide knowledge and understanding of democracy and social justice; develop leadership, cultural and ethical values. The main problems of humanities are the lack economic relevance; the socio-institutional perception of them as "impractical" and unemployable; the fact that they do not match with technological development. Finally, the resulting crisis consists mainly in the absence (or radical reduction) of funding from institutions; a decrease in student numbers a decrease in interest; a loss of centrality in society. A Numanities (New Humanities) project should consider all these aspects, with self-critical assessment on the first line. The goal is to unify the various fields, approaches and also potentials of the humanities in the context, dynamics and problems of current societies, and in an attempt to overcome the above-described crisis. Numanities are introduced not as a theoretical paradigm, but in terms of an "umbrella-concept" that has no specific scientific content in it: that particularly means that the many existing new fields and research trends that are addressing the same problems (post-humanism, transhumanism, transformational humanities, etc.) are not competitors of Numanities, but rather possible ways to them. Therefore, more than a theoretical program, Numanities intend to pursue a mission, and that is summarized in a seven-point manifesto. In the light of these premises and reflections, the book then proceeds to identify the areas of inquiry that Numanities, in their functions and comprehensive approach, seek to cover. The following list should also be understood as a statement of purposes for this entire book series. These, in other words, will be the topics/areas we intend to represent. Once elaborated on the foundations of Numanities, the book features a second part that presents two case studies based on two relatively recent (and now updated) investigations that the author has performed in the fields of musical and animal studies respectively. The two cases (and relative areas of inquiry) were selected because they were considered particularly relevant within the discussion of Numanities, and in two different ways. In the first case-study the author discussed the most typical result (or perhaps cause?) of the technophobic attitude that was addressed in the first part of the book: the issue of "authenticity", as applied, in the author's particular study, to popular music. In the second case-study, he analyzes two different forms of comparative analysis between human and non-human cognition: like in the former case, this study, too, is aimed at a critical commentary on (what the author considers) redundant biases in current humanistic research - anthropocentrism and speciesism.
Ludwig Wittgenstein famously said, "Ethics is aesthetics." It is unclear what such a claim might mean and whether it is true. This book explores contentious issues arising at the interface of ethics and aesthetics. The contributions reflect on the status of aesthetic en ethical judgments, the relation of aesthetic beauty and ethical goodness and art and character development. The book further considers the potential role art could play in ethical analysis and in the classroom and explores in what respects aesthetics and ethics might be intertwined and even mutually supportive.
Die vorliegende Publikation thematisiert aktuelle Probleme integrativer Modellierung vor dem Hintergrund des Ziels der Forschung zum globalen Wandel. Dabei werden insbesondere Fragen der Modellbildung und Szenarienentwicklung wie auch die Beurteilung ihrer qualitAtssichernden Kriterien erArtert. Das Ziel ist eine umfassende Analyse von Chancen und Limitationen integrativer Forschungs- und Modellierungsarbeit, die im Rahmen der Global Change-Forschung geleistet wird. Durch Einbringung von Erfahrungen aus der Forschungspraxis, ihrer theoretischen Fundierung und methodischen Reflexion soll dieses Ziel erreicht werden. Die resultierenden Erkenntnisse sollen der Standortbestimmung und dem Fortschritt integrativer Forschung zum globalen Wandel dienen - auf strategischer Ebene auch der Gewinnung von Perspektiven fA1/4r die weitere Entwicklung und Schwerpunktsetzung in Deutschland.
What are the grounds for and limits to obedience to the
state?
Dorota Mokrosinska presents a fresh analysis of the most
influential theories of political obligation and develops a novel
approach to this foundational problem of political philosophy, an
intriguing combination of the elements of natural duty and
associative theories. The theory of political obligation developed
in the book extends the scope of the contemporary debate on
political obligation by arguing that political obligation can be
binding even under the jurisdiction of unjust states. The arguments
pursued in the book are illustrated with the results of
sociological research concerning the reasons that governed people's
attitudes to the authoritarian communist regimes in East Europe
viz. communist Poland. This book provides the first detailed
argument of how a theory of political obligation can apply to
subjects of an unjust state.
The ethical assessment of new technologies raises two principal
concerns: the need to develop effective policies and legislation,
and the reconsideration of the ethical frameworks in which these
policies and laws are developed. The importance of rapid, accurate
examinations of tensions between Philosophy and Law and the
relationship between philosophical principles and empirical data
has never been greater.
This work sets the stage regarding debates about paternalism and health care for years to come. The anthology is organized around four parts: i) The concept of paternalism and theoretical issues regarding the idea of anti-paternalism, ii) strategies for justifying different forms of paternalism, iii) paternalism in psychiatry and psychotherapy, iv) paternalism and public health, and v) paternalism and reproductive medicine. Medical paternalism was arguably one of the main drivers of debates in medical ethics and has led to a wide acknowledgement of the value of patient autonomy. However, more recent developments in health care, such as the increasing significance of public health measures and the commercialization of medical services, have led to new social circumstances and hence to the need to rethink issues regarding paternalism. This work provides an invaluable source for many scholars and practitioners, since it deals in new and original ways with one of the main and oldest issue in health care ethics.
Are human beings born with a moral character, or does our character form and change as we experience life? In The Will's Harmonic Motion, author Fadel Sabry sheds light on this age-old question. An extension of Arthur Schopenhauer's work, philosophy, and discussion, The Will's Harmonic Motion puts forth an extensive discussion of how moral character is obtained and on what basis. It provides an overview of Schopenhauer's treatment of metaphysics and introduces the concept of the will. It also explains the nature of morality and intelligible and empirical characters and investigates movements in nature, especially harmonic motion, and reviews the scientific laws that govern it. The study extends the concepts of moral characters and curves to animals, explains the mysterious qualities of creative power and healing power, explores the topic of pleasure, and addresses the mystery of existence. This study approaching metaphysical subjects scientifically, seeking to apply rational thinking to all topics considered, including morality, death, and religion. Bringing new ideas to philosophy, Sabry considers these themes and more in his search for the truth about moral character.
Shaw addresses the 'ethical turn' in contemporary sociological thinking, by exploring the contribution of sociology and the social sciences to bioethical debates about morality and tissue exchange practices.
Philosophy for AS and A Level is an accessible textbook for the new 2017 AQA Philosophy syllabus. Structured closely around the AQA specification this textbook covers the two units shared by the AS and A Level, Epistemology and Moral Philosophy, in an engaging and student-friendly way. With chapters on 'How to do philosophy', exam preparation providing students with the philosophical skills they need to succeed, and an extensive glossary to support understanding, this book is ideal for students studying philosophy. Each chapter includes: argument maps that help to develop student's analytical and critical skills comprehension questions to test understanding discussion questions to generate evaluative argument explanation and commentary on the AQA set texts 'Thinking harder' sections cross-references to help students make connections bullet-point summaries of each topic. The companion website hosts a wealth of further resources, including PowerPoint slides, flashcards, further reading, weblinks and handouts, all structured to accompany the textbook. It can be found at www.routledge.com/cw/alevelphilosophy.
Black Mirror is a cultural phenomenon. It is a creative and sometimes shocking examination of modern society and the improbable consequences of technological progress. The episodes - typically set in an alternative present, or the near future - usually have a dark and satirical twist that provokes intense question both of the self and society at large. These kind of philosophical provocations are at the very heart of the show. Philosophical reflections on Black Mirror draws upon thinkers such as Friedrich Nietzsche, Pierre Hadot and Michel Foucault to uncover how Black Mirror acts as 'philosophical television' questioning human morality and humanity's vulnerability when faced with the inexorable advance of technology.
The digital era has redefined our understanding of ethics as a multi-disciplinary phenomenon. The newness of the internet means it is still highly unregulated, which allows for rampant problems encountered by countless internet users. In order to establish a framework to protect digital citizenship, an academic understanding of online ethics is required. Multidisciplinary Approaches to Ethics in the Digital Era examines the concept of ethics in the digital environment through the framework of digitalization. Covering a broad range of topics including ethics in art, organizational ethics, and civil engineering ethics, this book is ideally designed for media professionals, sociologists, programmers, policymakers, government officials, academicians, researchers, and students.
A rare academic study on what John Rawls, Peter Singer, and Derek Parfit acknowledge as the finest book in ethics -- "The Methods of Ethics." With a rather shocking conclusion that "none of us can match Sidgwick," Mariko Nakano-Okuno lucidly analyzes Henry Sidgwick's impacts on contemporary ethics.
This book provides an introduction to the Stoics, ideal for undergraduate students taking courses in Ethics and Ancient Philosophy.Stoicism was a key philosophical movement in the Hellenistic period. Today, the Stoics are central to the study of Ethics and Ancient Philosophy. In "The Stoics: A Guide for the Perplexed", M. Andrew Holowchak sketches, from Zeno to Aurelius, a framework that captures the tenor of Stoic ethical thinking in its key terms.Drawing on the readily available works of Seneca, Epictetus and Aurelius, "The Stoics: A Guide for the Perplexed" makes ancient texts accessible to students unfamiliar with Stoic thought. Providing ancient and modern-day examples to illustrate Stoic principles, the author guides the reader through the main themes and ideas of Stoic thought: Stoic cosmology, epistemology, views of nature, self-knowledge, perfectionism and, in particular, ethics. Holowchak also endeavours to present Stoicism as an ethically viable way of life today through rejecting their notion of ethical perfectionism in favour of a type of ethical progressivism consistent with other key Stoic principles. Thus, "The Stoics: A Guide for the Perplexed" is the ideal companion to the study of Stoic thinking in philosophy.Continuum's "Guides for the Perplexed" are clear, concise and accessible introductions to thinkers, writers and subjects that students and readers can find especially challenging - or indeed downright bewildering. Concentrating specifically on what it is that makes the subject difficult to grasp, these books explain and explore key themes and ideas, guiding the reader towards a thorough understanding of demanding material.
An African-American single mother is harassed and threatened with
violence until she moves out of an all 'white' neighborhood. A hate
crime has occurred and we wonder, who is responsible? Is it just
the few people who actively threatened the woman and her children,
or does responsibility extend further? This book explores these
questions in detail and ultimately finds that responsibility may
extend far beyond active perpetrators.
In addition to thin concepts like the good, the bad and the ugly, our evaluative thought and talk appeals to thick concepts like the lewd and the rude, the selfish and the cruel, the courageous and the kind - concepts that somehow combine evaluation and non-evaluative description. Thick concepts are almost universally assumed to be inherently evaluative in content, and many philosophers claimed them to have deep and distinctive significance in ethics and metaethics. In this first book-length treatment of thick concepts, Pekka Vayrynen argues that all this is mistaken. Through detailed attention to the language of thick concepts, he defends a novel theory on which the relationship between thick words and evaluation is best explained by general conversational and pragmatic norms. Drawing on general principles in philosophy of language, he argues that many prominent features of thick words and concepts can be explained by general factors that have nothing in particular to do with being evaluative. If evaluation is not essential to the sort of thinking we do with thick concepts, claims for the deep and distinctive significance of the thick are undermined. The Lewd, the Rude and the Nasty is a fresh and innovative treatment of an important topic in moral philosophy and sets a new agenda for future work. It will be essential reading to anyone interested in the analysis and the broader philosophical significance of evaluative and normative language. "Vayrynen presents an extremely well researched, highly innovative, and yet very careful and highly polished treatment of an extremely hot area in philosophy. The book is tightly argued but engagingly written. I would hold it up as a model philosophy monograph. There is no doubt in my mind whatsoever that this book will be widely influential and admired. Indeed, it could easily become a classic." - Brad Hooker, University of Reading "For the past few decades thick concepts have received much attention in metaethical discussions, but Vayrynen's book is the first comprehensive treatment of the subject. Vayrynen skillfully uses tools from philosophy of language in order to sharpen and advance the discussion of thick concepts. The book will be essential reading not only to anyone interested in the specific topic of thick concepts but also to anyone who is concerned with the analysis of normative language generally. It is a very good paradigm of linguistically informed metaethics." - Matti Eklund, Cornell University
Written seven years after publication of his "Search after Truth", Malebranche's "Treatise on Ethics" develops a detailed, "experimental" science of ethics in two parts - the ethics of virtue and the ethics of duty. Part One distinguishes six sources of motivation: sense perceptions, passions, imagination and "inner feelings" of love as-respect, as-goodwill, and as-esteem. It examines how each is to be evaluated. This is interwoven with an Aristotelian analysis of act and habit, and voluntary vs involuntary acts, and practical reasoning. This part concludes with two basic virtues - "the strength of the mind" and "the freedom of the mind". In part Two, Malebranche explores our duties to ourselves, to others, to our sovereign and to God. The translator's introduction discusses the place of Malebranche's ethics within his larger system, his borrowings and innovations and his impact on later philosophers.
Scientists no longer accept the existence of a distinct moral organ as phrenologists once did. A generation of young neurologists is using advanced technological medical equipment to unravel specific brain processes enabling moral cognition. In addition, evolutionary psychologists have formulated hypotheses about the origins and nature of our moral architecture. Little by little, the concept of a 'moral brain' is reinstated. As the crossover between disciplines focusing on moral cognition was rather limited up to now, this book aims at filling the gap. Which evolutionary biological hypotheses provide a useful framework for starting new neurological research? How can brain imaging be used to corroborate hypotheses concerning the evolutionary background of our species? In this reader, a broad range of prominent scientists and philosophers shed their expert view on the current accomplishments and future challenges in the field of moral cognition and assess how cooperation between neurology and evolutionary psychology can boost research into the field of the moral brain.
Particularism and the Space of Moral Reasons critically assesses the startling idea that our moral reasoning does not need to use moral principles. If we don't have principles, how do we work out what to do? This book examines 'moral particularism', a controversial idea at the forefront of contemporary moral theory.
The present collection represents an attempt to bring together several contributions to the ongoing debate pertaining to supervenience of the normative in law and morals and strives to be the first work that addresses the topic comprehensively. It addresses the controversies surrounding the idea of normative supervenience and the philosophical conceptions they generated, deserve a recapitulation, as well as a new impulse for further development. Recently, there has been renewed interest in the concepts of normativity and supervenience. The research on normativity - a term introduced to the philosophical jargon by Edmund Husserl almost one hundred years ago - gained impetus in the 1990s through the works of such philosophers as Robert Audi, Christine Korsgaard, Robert Brandom, Paul Boghossian or Joseph Raz. The problem of the nature and sources of normativity has been investigated not only in morals and in relation to language, but also in other domains, e.g. in law or in the c ontext of the theories of rationality. Supervenience, understood as a special kind of relation between properties and weaker than entailment, has become analytic philosophers' favorite formal tool since 1980s. It features in the theories pertaining to mental properties, but also in aesthetics or the law. In recent years, the 'marriage' of normativity and supervenience has become an object of many philosophical theories as well as heated debates. It seems that the conceptual apparatus of the supervenience theory makes it possible to state precisely some claims pertaining to normativity, as well as illuminate the problems surrounding it.
After centuries of neglect, the ethics of food are back with a vengeance. Justice for food workers and small farmers has joined the rising tide of concern over the impact of industrial agriculture on food animals and the broader environment, all while a global epidemic of obesity-related diseases threatens to overwhelm modern health systems. An emerging worldwide social movement has turned to local and organic foods, and struggles to exploit widespread concern over the next wave of genetic engineering or nanotechnologies applied to food. Paul B. Thompson's book applies the rigor of philosophy to key topics in the first comprehensive study explore interconnections hidden deep within this welter of issues. Bringing more than thirty years of experience working closely with farmers, agricultural researchers and food system activists to the topic, he explores the eclipse of food ethics during the rise of nutritional science, and examines the reasons for its sudden re-emergence in the era of diet-based disease. Thompson discusses social injustice in the food systems of developed economies and shows how we have missed the key insights for understanding food ethics in the developing world. His discussions of animal production and the environmental impact of agriculture breaks new ground where most philosophers would least expect it. By emphasizing the integration of these issues, Thompson not only brings a comprehensive philosophical approach to moral issues in the production, processing, distribution, and consumption of food - he introduces a fresh way to think about practical ethics that will have implications in other areas of applied philosophy. |
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