Simon Harrison
- Published in print:
- 2006
- Published Online:
- January 2007
- ISBN:
- 9780198269847
- eISBN:
- 9780191713385
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198269847.001.0001
- Subject:
- Religion, Early Christian Studies
Augustine is a pivotal figure in the history of the concept of will, but what is his ‘theory of will’? This book investigates Augustine’s use of ‘will’ in one particular context, his dialogue On Free ...
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Augustine is a pivotal figure in the history of the concept of will, but what is his ‘theory of will’? This book investigates Augustine’s use of ‘will’ in one particular context, his dialogue On Free Choice of the Will, taking seriously its historical and philosophical form. First, it finds that the dialogical nature of On Free Choice of the Will has been missed, as exemplified by the unhistorical and misleading modern attributions of names to the speakers. Secondly, the commonplace that Augustine changed his mind in the course of its composition is shown to be unfounded, and a case is made for its argumentative coherence. Thirdly, it is shown that it is the form and structure of On Free Choice of the Will that give philosophical content to Augustine’s theory of will. The dialogue constitutes a ‘way in to the will’ that itself instantiates a concept of will. At the heart of this structure is a particular argument that depends on an appeal to a first-person perspective, which ties the vocabulary of will to a concept of freedom and responsibility. This appeal is significantly similar to other arguments deployed by Augustine which are significantly similar to Descartes’ ‘cogito ergo sum’, ‘I think therefore I am’. The book goes on to investigate how Augustine’s ‘way in’ relates to these cogito-like arguments as they occur in Augustine’s major and most read works, the Confessions, the City of God, and On the Trinity. The relationship of Augustine’s to Descartes’ ‘cogito’ is also discussed. Augustine elucidates, within a particular Platonic theory of knowledge, a ‘theory of will’ that is grounded in a ‘way in’, which takes the conditions and limits of knowledge seriously.Less
Augustine is a pivotal figure in the history of the concept of will, but what is his ‘theory of will’? This book investigates Augustine’s use of ‘will’ in one particular context, his dialogue On Free Choice of the Will, taking seriously its historical and philosophical form. First, it finds that the dialogical nature of On Free Choice of the Will has been missed, as exemplified by the unhistorical and misleading modern attributions of names to the speakers. Secondly, the commonplace that Augustine changed his mind in the course of its composition is shown to be unfounded, and a case is made for its argumentative coherence. Thirdly, it is shown that it is the form and structure of On Free Choice of the Will that give philosophical content to Augustine’s theory of will. The dialogue constitutes a ‘way in to the will’ that itself instantiates a concept of will. At the heart of this structure is a particular argument that depends on an appeal to a first-person perspective, which ties the vocabulary of will to a concept of freedom and responsibility. This appeal is significantly similar to other arguments deployed by Augustine which are significantly similar to Descartes’ ‘cogito ergo sum’, ‘I think therefore I am’. The book goes on to investigate how Augustine’s ‘way in’ relates to these cogito-like arguments as they occur in Augustine’s major and most read works, the Confessions, the City of God, and On the Trinity. The relationship of Augustine’s to Descartes’ ‘cogito’ is also discussed. Augustine elucidates, within a particular Platonic theory of knowledge, a ‘theory of will’ that is grounded in a ‘way in’, which takes the conditions and limits of knowledge seriously.
Simon Harrison
- Published in print:
- 2006
- Published Online:
- January 2007
- ISBN:
- 9780198269847
- eISBN:
- 9780191713385
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198269847.003.0002
- Subject:
- Religion, Early Christian Studies
This chapter discusses the evidence for the claim that On Free Choice is internally inconsistent because Augustine changed his mind in the course of writing it. These are: Augustine’s account of its ...
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This chapter discusses the evidence for the claim that On Free Choice is internally inconsistent because Augustine changed his mind in the course of writing it. These are: Augustine’s account of its composition in the Retractations; the perceived change from an optimistic, classical emphasis on the ‘facilitas’ (easiness) of doing good in book one to a pessimistic, Pauline account of the ‘difficultas’ (difficulty, impossibility) of doing good in book three; and the use of On Free Choice by Augustine and his opponents in the later Pelagian controversy.Less
This chapter discusses the evidence for the claim that On Free Choice is internally inconsistent because Augustine changed his mind in the course of writing it. These are: Augustine’s account of its composition in the Retractations; the perceived change from an optimistic, classical emphasis on the ‘facilitas’ (easiness) of doing good in book one to a pessimistic, Pauline account of the ‘difficultas’ (difficulty, impossibility) of doing good in book three; and the use of On Free Choice by Augustine and his opponents in the later Pelagian controversy.
Simon Harrison
- Published in print:
- 2006
- Published Online:
- January 2007
- ISBN:
- 9780198269847
- eISBN:
- 9780191713385
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198269847.003.0003
- Subject:
- Religion, Early Christian Studies
This chapter sets out a positive case for regarding On Free Choice as a text to be read as a coherent and consistent whole. On Free Choice is a single unified piece of work. The case for reading it ...
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This chapter sets out a positive case for regarding On Free Choice as a text to be read as a coherent and consistent whole. On Free Choice is a single unified piece of work. The case for reading it as such is one of elucidating something that is self-evident; it is a dialogue. The manuscript evidence and what is known of ancient literary practice suggests that the interlocutors should not be identified as ‘Augustine’ and ‘Evodius’, an identification that has obscured the significance of the role of the reader as part of the argumentative strategy of the work as a whole. It consists of three books, the argument, subject matter, and style of which are developed in a programmatic and interrelated progression. This progression is illustrated in the deployment of some technical theological terms and the overall architecture of the argument.Less
This chapter sets out a positive case for regarding On Free Choice as a text to be read as a coherent and consistent whole. On Free Choice is a single unified piece of work. The case for reading it as such is one of elucidating something that is self-evident; it is a dialogue. The manuscript evidence and what is known of ancient literary practice suggests that the interlocutors should not be identified as ‘Augustine’ and ‘Evodius’, an identification that has obscured the significance of the role of the reader as part of the argumentative strategy of the work as a whole. It consists of three books, the argument, subject matter, and style of which are developed in a programmatic and interrelated progression. This progression is illustrated in the deployment of some technical theological terms and the overall architecture of the argument.
Jeffrey Stacey
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199584765
- eISBN:
- 9780191723506
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199584765.003.0002
- Subject:
- Political Science, Comparative Politics, European Union
Whereas Chapter 1 reviews general theories of European integration, Chapter 2 contains a review of theories of institutional change with a particular emphasis on a troika of institutionalist ...
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Whereas Chapter 1 reviews general theories of European integration, Chapter 2 contains a review of theories of institutional change with a particular emphasis on a troika of institutionalist theories: Rational Choice Institutionalism (RCI), Historical Institutionalism (HI), and Sociological Institutionalism (SI). RCI is this book's theory of choice, essentially amounting to an assumption that institutions are fairly easy to change and an explanation that actors compete to change them when status quo institutions prevent them from achieving their preferences. The book's RCI‐based argument claims that power‐changing informal accords get created in the EU when constraints on the EU's primary political actors change, the actors being the Council of Ministers, the European Commission, and the European Parliament. It predicts that the Parliament as the weakest actor succeeds in bargaining for advantageous informal accords with its stronger counterparts when one or more of a serious of specific conditions temporarily empower it.Less
Whereas Chapter 1 reviews general theories of European integration, Chapter 2 contains a review of theories of institutional change with a particular emphasis on a troika of institutionalist theories: Rational Choice Institutionalism (RCI), Historical Institutionalism (HI), and Sociological Institutionalism (SI). RCI is this book's theory of choice, essentially amounting to an assumption that institutions are fairly easy to change and an explanation that actors compete to change them when status quo institutions prevent them from achieving their preferences. The book's RCI‐based argument claims that power‐changing informal accords get created in the EU when constraints on the EU's primary political actors change, the actors being the Council of Ministers, the European Commission, and the European Parliament. It predicts that the Parliament as the weakest actor succeeds in bargaining for advantageous informal accords with its stronger counterparts when one or more of a serious of specific conditions temporarily empower it.
Berys Gaut
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199263219
- eISBN:
- 9780191718854
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199263219.003.0007
- Subject:
- Philosophy, Aesthetics
This chapter and the next develop the cognitive argument for ethicism, based on the doctrine of aesthetic cognitivism. This comprises an epistemic claim that art can convey non-trivial knowledge, and ...
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This chapter and the next develop the cognitive argument for ethicism, based on the doctrine of aesthetic cognitivism. This comprises an epistemic claim that art can convey non-trivial knowledge, and an aesthetic claim that this capacity of art is sometimes an aesthetic merit. One kind of knowledge that art can convey is moral knowledge. The chapter defends the epistemic claim, particularly in the version that artworks can teach us. It is shown that art can teach us by several means, including through guiding our imaginings. Though the chapter criticizes simulation theory, it shows that we can learn through imagination by subjecting it to various kinds of discipline. It then argues that imagination plays an important role in ethical learning, and gives examples of ethical learning through imagination in ordinary life, in philosophical thought experiments, and through the use of William Styron's novel, Sophie's Choice.Less
This chapter and the next develop the cognitive argument for ethicism, based on the doctrine of aesthetic cognitivism. This comprises an epistemic claim that art can convey non-trivial knowledge, and an aesthetic claim that this capacity of art is sometimes an aesthetic merit. One kind of knowledge that art can convey is moral knowledge. The chapter defends the epistemic claim, particularly in the version that artworks can teach us. It is shown that art can teach us by several means, including through guiding our imaginings. Though the chapter criticizes simulation theory, it shows that we can learn through imagination by subjecting it to various kinds of discipline. It then argues that imagination plays an important role in ethical learning, and gives examples of ethical learning through imagination in ordinary life, in philosophical thought experiments, and through the use of William Styron's novel, Sophie's Choice.
Stephen M. Gardiner
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780195379440
- eISBN:
- 9780199897100
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195379440.003.0013
- Subject:
- Philosophy, Philosophy of Science
This brief conclusion summarizes the argument of the book and comments on the current political context. This chapter also discusses intentional climate change and intergenerational ethics. It looks ...
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This brief conclusion summarizes the argument of the book and comments on the current political context. This chapter also discusses intentional climate change and intergenerational ethics. It looks at the research only argument, stalking horse argument, and the arm the future argument. It examines in addition types of evil, tragic choices, marring, Sophie's Choice, and shadow solutions.Less
This brief conclusion summarizes the argument of the book and comments on the current political context. This chapter also discusses intentional climate change and intergenerational ethics. It looks at the research only argument, stalking horse argument, and the arm the future argument. It examines in addition types of evil, tragic choices, marring, Sophie's Choice, and shadow solutions.
Raymond Plant
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199281756
- eISBN:
- 9780191713040
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199281756.003.0008
- Subject:
- Political Science, Comparative Politics, Political Theory
One of the central themes of this chapter is the neo‐liberal critique of the ‘public service ethic’ which it has been thought by Social Democratic thinkers as the main way in which the ...
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One of the central themes of this chapter is the neo‐liberal critique of the ‘public service ethic’ which it has been thought by Social Democratic thinkers as the main way in which the self‐interested behaviour of welfare bureaucracies can be constrained. The chapter looks at the close links between the neo‐liberal approach to this and the Public Choice School of public policy analysts who argue that the role and expansion of welfare bureaucracy is best explained by the utility maximizing behaviour at work in such bureaucracies when they are exempt from market disciplines and the possibility of bankruptcy. The role of interest groups in a welfare state is taken up again with reference to the work of Macur Olson in terms of his account of the rigidities caused to the economy by long lasting interest groups. The neo‐liberal approach to trades unions is also considered in this chapter.Less
One of the central themes of this chapter is the neo‐liberal critique of the ‘public service ethic’ which it has been thought by Social Democratic thinkers as the main way in which the self‐interested behaviour of welfare bureaucracies can be constrained. The chapter looks at the close links between the neo‐liberal approach to this and the Public Choice School of public policy analysts who argue that the role and expansion of welfare bureaucracy is best explained by the utility maximizing behaviour at work in such bureaucracies when they are exempt from market disciplines and the possibility of bankruptcy. The role of interest groups in a welfare state is taken up again with reference to the work of Macur Olson in terms of his account of the rigidities caused to the economy by long lasting interest groups. The neo‐liberal approach to trades unions is also considered in this chapter.
Barbara Goff and Michael Simpson
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199217182
- eISBN:
- 9780191712388
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217182.003.0006
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
Kamau Brathwaite's Odale's Choice, an adaptation of Antigone designed for school children to perform, figures and enacts the birth of a nation, as Ghana, where it was first produced, becomes the ...
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Kamau Brathwaite's Odale's Choice, an adaptation of Antigone designed for school children to perform, figures and enacts the birth of a nation, as Ghana, where it was first produced, becomes the first African country to achieve independence from a European colonial power. The bleakest aspects of the play are read as representations of both the necessary sacrifices that must be made to achieve independence and the unnecessary sacrifices that may be demanded after independence. The Pan-African implications of this play by an Afro-Caribbean writer are contrasted with the Pan-Caribbean vision articulated in Derek Walcott's Omeros. In the debate among Caribbean writers and critics about the historical, epistemological and political priority of the constituent cultures of the region, Omeros's fixation on Greek models is an answer to Brathwaite's assertion of African antecedents. Against all efforts to privilege any of the region's cultures, Omeros plots the limits of even its own Greek apparatus.Less
Kamau Brathwaite's Odale's Choice, an adaptation of Antigone designed for school children to perform, figures and enacts the birth of a nation, as Ghana, where it was first produced, becomes the first African country to achieve independence from a European colonial power. The bleakest aspects of the play are read as representations of both the necessary sacrifices that must be made to achieve independence and the unnecessary sacrifices that may be demanded after independence. The Pan-African implications of this play by an Afro-Caribbean writer are contrasted with the Pan-Caribbean vision articulated in Derek Walcott's Omeros. In the debate among Caribbean writers and critics about the historical, epistemological and political priority of the constituent cultures of the region, Omeros's fixation on Greek models is an answer to Brathwaite's assertion of African antecedents. Against all efforts to privilege any of the region's cultures, Omeros plots the limits of even its own Greek apparatus.
José Ferreirós
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691167510
- eISBN:
- 9781400874002
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691167510.003.0009
- Subject:
- Mathematics, Logic / Computer Science / Mathematical Philosophy
This chapter proposes an idea for reconciling the hypothetical conception of mathematics with the traditional idea of the objectivity of mathematical knowledge. The basic notion is that, because new ...
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This chapter proposes an idea for reconciling the hypothetical conception of mathematics with the traditional idea of the objectivity of mathematical knowledge. The basic notion is that, because new hypotheses are embedded in the web of mathematical practices, they become systematically linked with previous strata of mathematical knowledge, and this forces upon us agents (for example, research mathematicians or students of math) certain results, be they principles or conclusions. The chapter first considers a simple case that illustrates objective features in the introduction of basic mathematical hypotheses. It then discusses Georg Cantor's “purely arithmetical” proofs of his set-theoretic results, along with the notion of arbitrary set in relation to the Axiom of Choice that has strong roots in the theory of real numbers. It also explores Cantor's ordinal numbers and the Continuum Hypothesis.Less
This chapter proposes an idea for reconciling the hypothetical conception of mathematics with the traditional idea of the objectivity of mathematical knowledge. The basic notion is that, because new hypotheses are embedded in the web of mathematical practices, they become systematically linked with previous strata of mathematical knowledge, and this forces upon us agents (for example, research mathematicians or students of math) certain results, be they principles or conclusions. The chapter first considers a simple case that illustrates objective features in the introduction of basic mathematical hypotheses. It then discusses Georg Cantor's “purely arithmetical” proofs of his set-theoretic results, along with the notion of arbitrary set in relation to the Axiom of Choice that has strong roots in the theory of real numbers. It also explores Cantor's ordinal numbers and the Continuum Hypothesis.
Philip N. Mulder
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195131635
- eISBN:
- 9780199834525
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195131630.003.0007
- Subject:
- Religion, History of Christianity
Laity in the audiences and congregations embraced the message of the preachers all too well during the Great Awakenings. Accounts show that men, women, Anglo‐, and African‐Americans accepted not only ...
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Laity in the audiences and congregations embraced the message of the preachers all too well during the Great Awakenings. Accounts show that men, women, Anglo‐, and African‐Americans accepted not only the general need for salvation, but also the denominations’ prescriptions for conversion. True conversion required selecting the particular beliefs of one denomination and specifically rejecting those of the others. The reborn had to turn away from false churches and teachings just as they cast aside their sinfulness. Choice, the celebrated feature of evangelical religion, emboldened laity and helped the democratization of American Christianity, but it also assured that a spirit of distinction would hover over the quarreling faithful of the South. Baptists’ oppositional religion steadily displaced Methodists’ universal faith.Less
Laity in the audiences and congregations embraced the message of the preachers all too well during the Great Awakenings. Accounts show that men, women, Anglo‐, and African‐Americans accepted not only the general need for salvation, but also the denominations’ prescriptions for conversion. True conversion required selecting the particular beliefs of one denomination and specifically rejecting those of the others. The reborn had to turn away from false churches and teachings just as they cast aside their sinfulness. Choice, the celebrated feature of evangelical religion, emboldened laity and helped the democratization of American Christianity, but it also assured that a spirit of distinction would hover over the quarreling faithful of the South. Baptists’ oppositional religion steadily displaced Methodists’ universal faith.
Christian Gouriéroux and Alain Monfort
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198774754
- eISBN:
- 9780191596339
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198774753.003.0005
- Subject:
- Economics and Finance, Econometrics
Presents several applications of the methods presented in the previous chapters to Limited Dependent Variables models. Considers Discrete Choice models, Multivariate Probit Models, Logistic ...
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Presents several applications of the methods presented in the previous chapters to Limited Dependent Variables models. Considers Discrete Choice models, Multivariate Probit Models, Logistic approximations, and empirical applications. Also considers various simulators for probabilities of subsets, constrained moments, or conditional moments in the multivariate normal case. In particular, Stern simulator, GHK simulator, acceptance‐rejection simulator, and Gibbs simulator are presented.Less
Presents several applications of the methods presented in the previous chapters to Limited Dependent Variables models. Considers Discrete Choice models, Multivariate Probit Models, Logistic approximations, and empirical applications. Also considers various simulators for probabilities of subsets, constrained moments, or conditional moments in the multivariate normal case. In particular, Stern simulator, GHK simulator, acceptance‐rejection simulator, and Gibbs simulator are presented.
Torbjörn Tännsjö
- Published in print:
- 2011
- Published Online:
- January 2011
- ISBN:
- 9780195320398
- eISBN:
- 9780199869534
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195320398.003.0011
- Subject:
- Philosophy, Moral Philosophy, General
The film Sophie’s Choice has been seen to represent in a vivid manner how a human being in extreme circumstances is faced with a true moral dilemma. This interpretation is questioned in the present ...
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The film Sophie’s Choice has been seen to represent in a vivid manner how a human being in extreme circumstances is faced with a true moral dilemma. This interpretation is questioned in the present paper. It is argued that the best way of making philosophical sense of Sophie’s choice is to see it as a case of blameful right-doing, rather than a dilemma. By doing, in her situation, the right thing, or at least not clearly doing anything wrong, Sophie exhibits a trait of character we do not expect to find in a good mother. She was in a situation where a good parent is not supposed to be able to do the right thing, and yet she does this. Even if we cannot fully explain it, her choice to commit suicide, rather than becoming a parent once again, makes sense when viewed from her own subjective perspective and given her personality as we know it.Less
The film Sophie’s Choice has been seen to represent in a vivid manner how a human being in extreme circumstances is faced with a true moral dilemma. This interpretation is questioned in the present paper. It is argued that the best way of making philosophical sense of Sophie’s choice is to see it as a case of blameful right-doing, rather than a dilemma. By doing, in her situation, the right thing, or at least not clearly doing anything wrong, Sophie exhibits a trait of character we do not expect to find in a good mother. She was in a situation where a good parent is not supposed to be able to do the right thing, and yet she does this. Even if we cannot fully explain it, her choice to commit suicide, rather than becoming a parent once again, makes sense when viewed from her own subjective perspective and given her personality as we know it.
Marina Umaschi Bers
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199757022
- eISBN:
- 9780199933037
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199757022.003.0008
- Subject:
- Psychology, Developmental Psychology, Social Psychology
This chapter advances the notion that virtual environments and social media, amongst other technologies, can become ethical playgrounds and offer the possibility of making choices of conduct and ...
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This chapter advances the notion that virtual environments and social media, amongst other technologies, can become ethical playgrounds and offer the possibility of making choices of conduct and reflecting on our actions. In this process, positive character traits are developed that serve to evolve an internal moral compass that leads us to use technology not only in a safe and responsible way, but also to make a better world. This chapter tackles the question of how technologies can be used to guide moral, civic, and ethical development. Virtual Worlds provide exciting opportunities for children to explore appropriate conduct; they can see the consequences of their choices and how they impact a community. Digital landscapes can be designed to give children a safe space to discover their moral identities, which is a vital aspect of the Positive Technological Development framework.Less
This chapter advances the notion that virtual environments and social media, amongst other technologies, can become ethical playgrounds and offer the possibility of making choices of conduct and reflecting on our actions. In this process, positive character traits are developed that serve to evolve an internal moral compass that leads us to use technology not only in a safe and responsible way, but also to make a better world. This chapter tackles the question of how technologies can be used to guide moral, civic, and ethical development. Virtual Worlds provide exciting opportunities for children to explore appropriate conduct; they can see the consequences of their choices and how they impact a community. Digital landscapes can be designed to give children a safe space to discover their moral identities, which is a vital aspect of the Positive Technological Development framework.
Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.001.0001
- Subject:
- Law, Private International Law
This book provides a comprehensive comparative review of the common law doctrine of forum non conveniens as it is practiced and applied in the United Kingdom, the United States, Canada, and ...
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This book provides a comprehensive comparative review of the common law doctrine of forum non conveniens as it is practiced and applied in the United Kingdom, the United States, Canada, and Australia. The authors catalogue the similarities and distinctions among the common law countries in which the doctrine is applied, and compare the doctrine to related procedures in civil law jurisdictions. The book then extends the analysis of parallel litigation issues addressed in the doctrine of forum non conveniens by considering the work of delegations to the Hague Conference on Private International Law who worked to draft a global convention on jurisdiction and the recognition and enforcement of judgments. The authors capture for historical analysis the important compromises made in the draft convention on jurisdiction and judgments between the discretion allowed courts in the common law doctrine of forum non conveniens and the rigid practice of civil law courts in the application of their doctrine of lis alibi pendens. Finally, attention is given to the way in which the 2005 Hague Convention on Choice of Court Agreements will affect the application of the doctrine of forum non conveniens when parties have entered into an exclusive choice of court agreement.Less
This book provides a comprehensive comparative review of the common law doctrine of forum non conveniens as it is practiced and applied in the United Kingdom, the United States, Canada, and Australia. The authors catalogue the similarities and distinctions among the common law countries in which the doctrine is applied, and compare the doctrine to related procedures in civil law jurisdictions. The book then extends the analysis of parallel litigation issues addressed in the doctrine of forum non conveniens by considering the work of delegations to the Hague Conference on Private International Law who worked to draft a global convention on jurisdiction and the recognition and enforcement of judgments. The authors capture for historical analysis the important compromises made in the draft convention on jurisdiction and judgments between the discretion allowed courts in the common law doctrine of forum non conveniens and the rigid practice of civil law courts in the application of their doctrine of lis alibi pendens. Finally, attention is given to the way in which the 2005 Hague Convention on Choice of Court Agreements will affect the application of the doctrine of forum non conveniens when parties have entered into an exclusive choice of court agreement.
Susan Pick and Jenna Sirkin
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780195383164
- eISBN:
- 9780199796854
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195383164.003.0010
- Subject:
- Psychology, Social Psychology, Health Psychology
This chapter brings together the ideas of the book, retaking the themes of a psychological approach to development, The Framework for Enabling Empowerment, Programming for Choice, and policy, and ...
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This chapter brings together the ideas of the book, retaking the themes of a psychological approach to development, The Framework for Enabling Empowerment, Programming for Choice, and policy, and proposes a way forward. Not only economic factors but also psychological and social barriers impede optimal development, preventing enhancement of capabilities as well as full realization of individuals’ potential. With the advance of behavioral economics in recent decades, this awareness has increased. Key global political players have adopted approaches compatible with Programming for Choice. So far, these adjustments have occurred primarily at the conceptual level and less in hands-on practice, but it is only a matter of time before major development organizations begin to incorporate more concrete elements of the approach. The next step will be for governments and institutions of civil society to join in the effort to expand choice, personal agency and intrinsic empowerment.Less
This chapter brings together the ideas of the book, retaking the themes of a psychological approach to development, The Framework for Enabling Empowerment, Programming for Choice, and policy, and proposes a way forward. Not only economic factors but also psychological and social barriers impede optimal development, preventing enhancement of capabilities as well as full realization of individuals’ potential. With the advance of behavioral economics in recent decades, this awareness has increased. Key global political players have adopted approaches compatible with Programming for Choice. So far, these adjustments have occurred primarily at the conceptual level and less in hands-on practice, but it is only a matter of time before major development organizations begin to incorporate more concrete elements of the approach. The next step will be for governments and institutions of civil society to join in the effort to expand choice, personal agency and intrinsic empowerment.
Paul Spicker
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9781447309086
- eISBN:
- 9781447310860
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447309086.001.0001
- Subject:
- Political Science, Public Policy
This book is about individualist ideas, and how they shape public policy.. It has been argued that individualism and the protection of individual liberty imply a greater emphasis on market economics, ...
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This book is about individualist ideas, and how they shape public policy.. It has been argued that individualism and the protection of individual liberty imply a greater emphasis on market economics, limits on the role of the state, respect for property rights and personal moral responsibility for one’s own situation. Those arguments have been used to justify a series of restrictive measures in public policy - individualised responses, choice-based policies, conversion of public services into market-based organisations and placing limits on the activity of government. This book argues for a very different approach to individualism, promoting policies that value people as individuals, safeguarding personal liberty and protecting human dignity.Less
This book is about individualist ideas, and how they shape public policy.. It has been argued that individualism and the protection of individual liberty imply a greater emphasis on market economics, limits on the role of the state, respect for property rights and personal moral responsibility for one’s own situation. Those arguments have been used to justify a series of restrictive measures in public policy - individualised responses, choice-based policies, conversion of public services into market-based organisations and placing limits on the activity of government. This book argues for a very different approach to individualism, promoting policies that value people as individuals, safeguarding personal liberty and protecting human dignity.
Gideon Yaffe
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199268559
- eISBN:
- 9780191601415
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019926855X.003.0003
- Subject:
- Philosophy, History of Philosophy
This chapter examines a second argument for Reid's claim that only a thing with a mind can be endowed with the power to bring an event about. The argument discussed here proceeds as follows: Anything ...
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This chapter examines a second argument for Reid's claim that only a thing with a mind can be endowed with the power to bring an event about. The argument discussed here proceeds as follows: Anything that has a power to bring an event about also has the power to prevent that event from being brought about. A creature that has both these powers must also be capable of choosing between these two options on the basis of a preference for one over the other. But since only a creature with a mind is capable of forming preferences, it follows that only a creature with a mind can have a power. Like the argument discussed in ch. 1, Reid's employment of this argument reveals important philosophical commitments in his theory of action. In particular, it is argued that the argument depends on a particular construal of cases that seem, on their face, to involve agents with the power to act, but no power not to. The argument also depends on a view of the nature of preference, as distinguished from desire; Reid construes preferences as the psychological products of a rational process of weighing those things we desire.Less
This chapter examines a second argument for Reid's claim that only a thing with a mind can be endowed with the power to bring an event about. The argument discussed here proceeds as follows: Anything that has a power to bring an event about also has the power to prevent that event from being brought about. A creature that has both these powers must also be capable of choosing between these two options on the basis of a preference for one over the other. But since only a creature with a mind is capable of forming preferences, it follows that only a creature with a mind can have a power. Like the argument discussed in ch. 1, Reid's employment of this argument reveals important philosophical commitments in his theory of action. In particular, it is argued that the argument depends on a particular construal of cases that seem, on their face, to involve agents with the power to act, but no power not to. The argument also depends on a view of the nature of preference, as distinguished from desire; Reid construes preferences as the psychological products of a rational process of weighing those things we desire.
Denise Réaume
- Published in print:
- 2013
- Published Online:
- January 2015
- ISBN:
- 9780197265642
- eISBN:
- 9780191760389
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265642.003.0032
- Subject:
- Law, Human Rights and Immigration
Dignity is at least in part about choice, choices about the character and direction of one’s life. However, many do not enjoy autonomy-fostering circumstances and yet must still make choices. Such ...
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Dignity is at least in part about choice, choices about the character and direction of one’s life. However, many do not enjoy autonomy-fostering circumstances and yet must still make choices. Such choices and the circumstances shaping them are often the context of social and economic rights contests in a wide array of concrete legal contexts. All too often, state actors, including judges, take the easy way out in resolving such contests—ratifying the choices made by desperate people as though they were autonomous and free. In doing so, they sometimes claim to be respecting the dignity of those whose choices they validate. This chapter offers a critique of simple invocations of choice in the name of dignity and argues for the need for a more complex understanding of the autonomy dimension of human dignity.Less
Dignity is at least in part about choice, choices about the character and direction of one’s life. However, many do not enjoy autonomy-fostering circumstances and yet must still make choices. Such choices and the circumstances shaping them are often the context of social and economic rights contests in a wide array of concrete legal contexts. All too often, state actors, including judges, take the easy way out in resolving such contests—ratifying the choices made by desperate people as though they were autonomous and free. In doing so, they sometimes claim to be respecting the dignity of those whose choices they validate. This chapter offers a critique of simple invocations of choice in the name of dignity and argues for the need for a more complex understanding of the autonomy dimension of human dignity.
Keith Dowding
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9781526107282
- eISBN:
- 9781526120892
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526107282.001.0001
- Subject:
- Political Science, Political Theory
The book collects thirteen previously published essays by Keith Dowding on social and political power, freedom, choice and luck. It is anchored by a substantial introductory essay that pulls together ...
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The book collects thirteen previously published essays by Keith Dowding on social and political power, freedom, choice and luck. It is anchored by a substantial introductory essay that pulls together the different strands to demonstrate the coherence and connections between the different concepts discussed through the book. The book demonstrates the importance of the concept of power to political science and argues that comparative static definitions enable comparison of power structures in terms of agents’ resources. It shows the importance of systematic luck in understanding the power structure. However, static definitions are inherently unsatisfactory in dynamic settings. Here we need to apply game theory rather than game forms, and in dynamic settings luck is vital to our perception of freedom, responsibility and leadership.
Later chapters reveal the problematic evaluation of choice and freedom and how these relate to responsibility. The book concludes by demonstrating that freedom and rights exist in different senses, which matter for our understanding of how much freedom exists in a society. It shows that Sen’s liberal paradox is ambiguous between rights as claims and rights as liberties; how fundamental his paradox is to our understanding of the conflict between rights and welfare depends on the manner in which we evaluate freedom.Less
The book collects thirteen previously published essays by Keith Dowding on social and political power, freedom, choice and luck. It is anchored by a substantial introductory essay that pulls together the different strands to demonstrate the coherence and connections between the different concepts discussed through the book. The book demonstrates the importance of the concept of power to political science and argues that comparative static definitions enable comparison of power structures in terms of agents’ resources. It shows the importance of systematic luck in understanding the power structure. However, static definitions are inherently unsatisfactory in dynamic settings. Here we need to apply game theory rather than game forms, and in dynamic settings luck is vital to our perception of freedom, responsibility and leadership.
Later chapters reveal the problematic evaluation of choice and freedom and how these relate to responsibility. The book concludes by demonstrating that freedom and rights exist in different senses, which matter for our understanding of how much freedom exists in a society. It shows that Sen’s liberal paradox is ambiguous between rights as claims and rights as liberties; how fundamental his paradox is to our understanding of the conflict between rights and welfare depends on the manner in which we evaluate freedom.
R. E. Jennings
- Published in print:
- 1995
- Published Online:
- September 2011
- ISBN:
- 9780195075243
- eISBN:
- 9780199852970
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195075243.003.0005
- Subject:
- Philosophy, Philosophy of Language
This chapter describes logic and the significance of punctuation to ‘or’ in a sentence. Axioms are primitive theorems. This is what is meant by ‘logic’, and in particular, a propositional logic is ...
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This chapter describes logic and the significance of punctuation to ‘or’ in a sentence. Axioms are primitive theorems. This is what is meant by ‘logic’, and in particular, a propositional logic is one that can be specified. Deontic logicians are by no means unanimous about their point of formal departure: whether it is the language of ‘ought’ and ‘may’ or the language of ‘obligation’ and ‘permissibility’. The punctuationist account takes ‘or’ as providing punctuation for lists and asks why we should punctuate a list with ‘or’ in certain contexts when we want it to receive a conjunctive reading. ‘Or’ can be replaced by ‘else’ or ‘otherwise’, ‘or’ is a relative adverb as well. ‘Or’ can be regarded as a modifier of a whole sentence.Less
This chapter describes logic and the significance of punctuation to ‘or’ in a sentence. Axioms are primitive theorems. This is what is meant by ‘logic’, and in particular, a propositional logic is one that can be specified. Deontic logicians are by no means unanimous about their point of formal departure: whether it is the language of ‘ought’ and ‘may’ or the language of ‘obligation’ and ‘permissibility’. The punctuationist account takes ‘or’ as providing punctuation for lists and asks why we should punctuate a list with ‘or’ in certain contexts when we want it to receive a conjunctive reading. ‘Or’ can be replaced by ‘else’ or ‘otherwise’, ‘or’ is a relative adverb as well. ‘Or’ can be regarded as a modifier of a whole sentence.
