In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England (1765-9). In "Comment on the Commentaries," on which Bentham began work in 1774, he exposes the fallacies which he claims to have detected in Blackstone, and criticizes the theory of the Common Law. He goes on to provide important reflections on the nature of law, and more particularly on the nature of customary and of statute law, and on judicial interpretation.
A Fragment on Government, which was published in 1776, was detached from the "Comment on the Commentaries." Concentrating on a passage of five or six pages in which Blackstone discusses the origin of society and government, Bentham offers three main criticisms. First, he criticizes Blackstone's methodology for failing to distinguish between the role of the expositor and the role of the censor, and thereby confusing the question of what the law is with the question of what the law ought to be. Second, he criticizes Blackstone's assumption that the theory of the social contract represents an adequate justification of the obligation to obey government. Third, he criticizes Blackstone's theory of sovereignty, which claims that in every state there must exist some absolute, undivided power, whose commands are law. Bentham points to the existence of states where sovereign power is both divided and limited.
In these two works, published by OUP for the first time, Bentham outlines a number of themes which he goes on to develop in his later works: the principle of utility; the importance of a "natural arrangement" for a legal system; the point at which resistance to government becomesjustifiable; the exposition of legal terms; and much more.
The volume also contains Bentham's "Preface" intended for, but not published in, the second edition of A Fragment on Government, which appeared in 1823. Having by this committed himself to political radicalism, Bentham uses this occasion to reflect on the text and the circumstances in which it was produced.
The text has been edited by H.L.A. Hart and J.H. Burns, whose reputations in their respective fields of legal theory and history of political thought are unsurpassed. The volume contains an Editorial Introduction which explains the provenance of the text, and the method of presentation. The texts are fully annotated with textual and historical notes, and the volume is completed with a detailed subject index, based on a methodology devised by Hart.

This landmark collection will explore the origins and foundations of music education across five continents. The introduction of music as a compulsory subject in schools is of unique significance for music educationists and researchers. However, their shared knowledge of this phenomenon is fragmentary and there is consequently a need for more comprehensive documentation and analysis of the foundational aspect of school music from a variety of international perspectives. Origins and Foundations of Music Education considers the following key issues: the inclusion of music as part of the compulsory school curriculum in the context of the historical and political landscape; the aims, objectives and content of the music curriculum as a compulsory subject; teaching methods; the provision and training of teachers of music; the experiences of pupils experiencing this musical education. Contributors have carefully selected to represent countries which have incorporated music into compulsory schooling for a variety of differing reasons giving a diverse collection which will guide future actions and policy.

The aim of this volume is to investigate three fundamental issues of the new millennium: language, truth and democracy. The authors approach the themes from different philosophical perspectives. One group of authors examines the use of language and the meaning of concepts from an analytic point of view, the ontology of scientific terms and explores the nature of knowledge in general. Another group examines truth and types of relation. A third group of authors focuses on the current factors influencing our concept of democracy and its legal foundations and makes reference to moral aspects and the question of political responsibility. The chapters provide the reader with an overview of current philosophical problems and the answers to these questions will be decisive for future development.

This title brings a deconstructive perspective to theories of justice in the early and later work of Rawls, Habermas and Honneth. Deconstructing influential theories of justice by John Rawls, Jurgen Habermas and Axel Honneth, Miriam Bankovsky explores and critiques the early and later work of these three important liberal theorists. Bankovsky examines the commitments that all these thinkers make to a conception of justice as, in Rawls' words, an 'art of the possible' and the difficulties that such commitments present for their theories. Taking a deconstructive approach, the book argues that such a defence of possibility must be supplemented by an acknowledgment of the ways in which theory ultimately fails to reconcile the conflicting demands of 'justice' - namely, it's demand for responsibility for the other in the particular and for impartiality among all. In so doing, the book draws attention to the 'perfectible' (simultaneously possible and impossible) status of theories of justice, celebrating such perfectibility as the very condition for justice's critical function. "Continuum Studies in Political Philosophy" presents cutting-edge scholarship in the field of political philosophy. Making available the latest high-quality research from an international range of scholars working on key topics and controversies in political philosophy and political science, this series is an important and stimulating resource for students and academics working in the area.

Impressions of Hume presents new essays from leading scholars in different philosophical, historiographical, and literary traditions to which Hume made defining contributions. Hume has made a variety of impressions on these different areas; his writings, philosophical and otherwise, may indeed be read in a number of different ways. For example, they can be taken as transparent vehicles for philosophical intuitions, problems, and arguments that are still at the centre of philosophical reflection today. On the other hand, there are readings which are interested in locating Hume's views against the background of concerns, debates and discussions of Hume's own time. And this is not all. Hume's texts may be read as highly sophisticated literary-cum-philosophical creations: in such cases, the reader's attention tends to be directed at issues of genre and persuasive strategies rather than on argument. Or they may be regarded as moments in the construction of the ideology of modernity, and as contributions to the legitimation of a given social order. As the true classics that they are, Hume's works are typical 'open texts', which present their readers of all provenances with a bounty of materials and inspirations. It is the editors' conviction that the borders between these approaches are far from neat; and that as much cross-fertilization as possible is to be promoted. Impressions of Hume amply demonstrates the rewards of such an approach.

This title introduces the history and methods of Phenomenology through the study of four key thinkers: Husserl, Heidegger, Sartre and Merleau-Ponty. This book provides a concise and comprehensive introduction to the concept of phenomenology, perhaps the most important and influential movement in twentieth century philosophy. It explains the development of the phenomenological method in the works of four thinkers: Edmund Husserl, Martin Heidegger, Jean-Paul Sartre, and Maurice Merleau-Ponty. It also addresses the criticisms directed at phenomenology by Emmanuel Levinas and Jacques Derrida, and the ways in which phenomenology has continued to flourish in spite of such critique, in the work of Michel Henry and Jean-Luc Marion. The text includes many helpful features such as key definitions, sample essay and exam questions, an extensive bibliography, and suggested readings for each topic covered, making the book an ideal companion to any course in phenomenology and phenomenological thinkers. The book presupposes no prior knowledge on the part of the reader, making it suitable for those encountering phenomenology for the first time, but it also provides an original interpretation that will be of lasting value to postgraduates and scholars.

This book discusses the potential for Kant's political and juridical philosophy to shed light on current social challenges and policy. By considering Kant as a contemporary and not above moral responsibility, the authors explore his political theory as the philosophical foundation of human rights, discussing the right to citizenship, social dynamics and the scope of global justice. Focusing on topics such as society, Kant's position on human rights, domestic economic justice, public education and moral virtue, the authors analyse the shortcomings of Kant's modes of thought and help the reader to gain new perspective both on this classical thinker and on more contemporary issues.

Research on federalism is rarely concerned with its philosophical foundations. However, arguments on why and how best to organise a plurality of states in a multilevel political order have first been discussed by philosophers and continue to inspire contemporary reasoning on international and supranational relations not only in political philosophy. This book offers a unique overview of the philosophical foundations of federalism from both a historical and a systematic perspective. The analyses proposed by renowned scholars from the US and from several European countries cover classic writers such as Hobbes and the authors of the Federalist Papers, Kant and Rawls, and range from anthropological justifications of federal orders to contemporary problems of EU constitutionalism, the principle of subsidiarity and the jurisdiction of the European Court of Human Rights (ECHR). The book is of relevance to anyone interested in philosophical justifications of federalism.

This book presents a systematic reconstruction of Leibniz's dynamics project (c. 1676-1700) that contributes to a more comprehensive understanding of the concepts of physical causality in Leibniz's work and 17th century physics. It argues that Leibniz's theory of forces privileges the causal relationship between structural organization and physical phenomena instead of body-to-body mechanical causation. The mature conception of Leibnizian force is not the power of one body to cause motion in another, but a kind of structural causation related to the configuration of integral systems of bodies in physical evolution. By treating the immanent philosophy of Leibniz's dynamics, this book makes explicit the systematic aims and inherent limits of Leibniz's physical project, in addition to providing an alternative vision of the scientific understanding of the physical world in the late 17th and early 18th century.

How can we invent new certain knowledge in a methodical manner? This question stands at the heart of Salomon Maimon's theory of invention. Chikurel argues that Maimon's contribution to the ars inveniendi tradition lies in the methods of invention which he prescribes for mathematics. Influenced by Proclus' commentary on Elements, these methods are applied on examples taken from Euclid's Elements and Data. Centering around methodical invention and scientific genius, Maimon's philosophy is unique in an era glorifying the artistic genius, known as Geniezeit. Invention, primarily defined as constructing syllogisms, has implications on the notion of being given in intuition as well as in symbolic cognition. Chikurel introduces Maimon's notion of analysis in the broader sense, grounded not only on the principle of contradiction but on intuition as well. In philosophy, ampliative analysis is based on Maimon's logical term of analysis of the object, a term that has yet to be discussed in Maimonian scholarship. Following its introduction, a new version of the question quid juris? arises. In mathematics, Chikurel demonstrates how this conception of analysis originates from practices of Greek geometrical analysis.

Is self-consciousness a condition of possibility for knowledge? Does Kant's theory of self-consciousness commit us to transcendental idealism? How convincing is Kant's theory of self-consciousness? How should we understand transcendental idealism? What is Hegel's alternative? How do Kant and Hegel conceive of the beautiful? How do their conceptions of beauty relate to their metaphysics? In this volume, some of the world's most renowned Kant and Hegel scholars seek to provide answers.

This text offers a series of critical commentaries on, and forced encounters between, different thinkers. At stake in this philosophical and psychoanalytical enquiry is the drawing of a series of diagrams of the finite/infinite relation, and the mapping out of the contours for a speculative and pragmatic production of subjectivity.

This is the third volume of Models of the History of Philosophy, a collaborative work on the history of the history of philosophy dating from the Renaissance to the end of the nineteenth century. The volume covers a decisive period in the history of modern thought, from Voltaire and the great "Encyclopedie" of Diderot and d'Alembert to the age of Kant, i.e. from the histoire de l'esprit humain animated by the idea of progress to the a priori history of human thought. The interest of the philosophes and the Kantians (Buhle and Tennemann) in the study and the reconstruction of the philosophies of the past was characterized by a spirit that was highly critical, but at the same time systematic. The material is divided into four large linguistic and cultural areas: the French, Italian, British and German. The detailed analysis of the 35 works which can be considered to be "general" histories of philosophy is preceded and accompanied by lengthy introductions on the historical background and references to numerous other works bordering on philosophical historiography.

This book elaborates Jean Amery's critique of philosophy and his discussion of some central philosophical themes in At the Mind's Limits and his other writings. It shows how Amery elaborates the shortcomings and unfitness of philosophical theories to account for torture, the experience of homelessness, and other indignities, and their inability to assist with overcoming resentment. It thus teases out the philosophical import of Jean Amery's critique of philosophy, which constitutes his own philosophical testament of being an inmate at Auschwitz. This book situates At the Mind's Limits in the context of twentieth-century Continental philosophy. On the one hand, it elaborates Amery's engagement with key philosophical figures. On the other hand, it shows how thoroughly Amery denounces the limits of the philosophical enterprise, and its impotence in capturing and accounting for the crimes of the Third Reich.

This book is a collection of specially commissioned chapters from philosophers, economists, and political scientists, focusing on Adam Smith's two main works Theory of Moral Sentiments and Wealth of Nations with a view to bringing Smith to a mainstream philosophy audience while simultaneously informing Smith's traditional constituency.

Derrida wrote a vast number of texts for particular events across the world, as well as a series of works that portray him as a voyager. As an Algerian migr , a postcolonial outsider, and an idiomatic writer who felt tied to a language that was not his own, and as a figure obsessed by the singularity of the literary or philosophical event, Derrida emerges as one whose thought always arrives on occasion. But how are we to understand the event in Derrida? Is there a risk that such stories of Derridas work tend to misunderstand the essential unpredictability at work in the conditions of his thought? And how are we to reconcile the importance in Derrida of the unknowable event, the pull of the singular, with deconstructions critical and philosophical rigour and its claims to rethink more systematically the ethico-political field. This book argues that this negotiation in fact allows deconstruction to reformulate the very questions that we associate with ethical and political responsibility and shows this to be the central interest in Derridas work.

This book presents a systematic discussion of the development of Husserl's concept of the a priori from his early and through his later writings. The chapters contained herein analyze the different phases and aspects of Husserl's phenomenology of the a priori in light of his twofold notion of reason, construed as both ontological and transcendental. Starting from the assessment of the introduction of the notion of a priori knowledge in the context of the Logical Investigations, this text uniquely explores its development during the Goettingen years. It is at this time during his work on The Crisis of European Sciences, that Husserl comes to see the a priori as a criterion to interpret the history of philosophy, notably, modern philosophy. This book sheds light upon such concepts as: essence and eidos; ideation, eidetic attitude and eidetic reduction; as well as formal and material, innate and contingent a priori. The author argues that the a priori becomes for Husserl the expression of an ontological form of rationality, i.e., the rationality immanent to being. This book appeals to students and researchers working on Husserl and phenomenology.

David Malet Armstrong (8 July 1926-13 May 2014) has been one of the most influential contemporary metaphysicians working in the analytic tradition and surely the greatest 20th century Australian philosopher. His main merit is to have reestablished metaphysics as a respectable branch of philosophy placing it at the centre of the philosophical debate, and giving it the status of an authoritative and competent interlocutor of both rational and empirical sciences. By means of a rigorously argumentative approach and a sharp prose, Armstrong has built a whole metaphysical system, that is, a comprehensive and unified picture of the fundamental structure of the world. The various chapters of the book address the key issues concerning Armstrong' view about the problem of universals, the nature of states of affairs, the ontological ground of possibility, nomic necessity, and dispositions, the truthmaker theory, and the theory of mind. This volume aims to celebrate Armstrong's memory bringing new understanding, and hopefully stimulating more work, on his philosophy, with the conviction that it constitutes an invaluable heritage for contemporary research in metaphysics.

The philosopher of religion and critic of idealism, Ludwig Feuerbach had a far-reaching impact on German radicalism around the time of the Revolution of 1848. This intellectual history explores how Feuerbach's critique of religion served as a rallying point for radicals, and how they paradoxically sought to create a new, post-religious form of religiosity as part of the revolutionary aim. At issue for the Feuerbachian radicals was the emergence of a humanity emancipated from the constraints of mere institutions, able to express itself freely and harmoniously. Caldwell also touches on Moses Hess, Louise Dittmar, and Richard Wagner in his discussion of the time. This book reconstructs the nature of Feuerbach's radicalism and shows how it influenced early works of socialism, feminism, and musical modernism.

Martin Flanagan uses Bakhtins notions of dialogism, chronotope and polyphony to address fundamental questions about film form and reception, focusing particularly on the way cinematic narrative utilizes time and space in its very construction.

In this volume the philosophy of perception and observation is discussed by leading philosophers with implications in the philosophy of mind, in epistemology, and in philosophy of science. In the last years the philosophy of perception underwent substantial changes and new views appeared: the intentionality of perception has been contested by relational theories of perception (direct realism), a richer view of perceptual content has emerged, new theories of intentionality have been defended against naturalistic theories of representation (e. g. phenomenal intentionality). These theoretical changes reflect also new insights coming from psychological theories of perception. These changes have substantial consequences for the epistemic role of perception and for its role in scientific observation. In the present volume, leading philosophers of perception discuss these new views and show their implications in the philosophy of mind, in epistemology and in philosophy of science. A special focus is laid on Franz Brentano and Ludwig Wittgenstein. A reference volume for all scholars and students of the history, psychology and philosophy of perception, and cognitive science.

This book pairs close readings of some of the classic writings of existentialist philosophers with interpretations of films that reveal striking parallels to each of those texts, demonstrating their respective philosophies in action. Individual chapters include significant excerpts from the original texts being discussed and illustrated. Pairings cover Schopenhauer and Waking Life, Stirner and Hud, Kierkegaard and Winter Light, Nietzsche and The Fountainhead, Heidegger, Blade Runner and The Thin Red Line, Camus, Leaving Las Vegas and Missing, Sartre, Husbands and Wives, and Michael Collins, de Beauvoir and Revolutionary Road, and Foucault and One Flew Over the Cuckoo's Nest. Movies with Meaning offers a clear and insightful examination of the relationships between existential philosophers and film, providing both digests of their most significant texts and cinematic illustrations of what each had in mind. For the first time in one place, this book analyses the implications for film of the perspectives of a wide array of the most significant existentialist thinkers. Organized chronologically, like most existentialism anthologies, this is an ideal textbook for an intermediate level existentialism course, or as a companion to a selection of primary texts.