Philosophy

In this pathbreaking and provocative analysis of the aesthetics of law, the historian, legal theorist, and musician Desmond Manderson argues that by treating a text, legal or otherwise, as if it were merely a sequence of logical propositions, readers miss its formal and symbolic meanings. Creatively using music as a model, he demonstrates that law is not a sterile, rational structure, but a cultural form to be valued and enhanced through rhetoric and metaphors, form, images, and symbols. To further develop this argument, the book is divided into chapters, each of which is based on a different musical form.

Law, for Manderson, should strive for neither coherence nor integrity. Rather, it is imperfectly realized, constantly reinterpreted, and always in flux. Songs without Music is written in an original, engaging, and often humorous style, and exhibits a deep knowledge of both law and music. It successfully traverses several disciplines and builds an original and persuasive argument for a legal aesthetic. The book will appeal to a broad readership in law, political theory, literary criticism, and cultural studies.

This fully annotated volume offers the first English translation of the orations of Himerius of Athens, a prominent teacher of rhetoric in the fourth century A.D. Man and the Word contains 79 surviving orations and fragments of orations in the grand tradition of imperial Greek rhetoric. The speeches, a rich source on the intellectual life of late antiquity, capture the flavor of student life in Athens, illuminate relations in the educated community, and illustrate the ongoing civic role of the sophist. This volume includes speeches given by Himerius in various cities as he traveled east to join the emperor Julian, customary declamations on imaginary topics, and a noteworthy monody on the death of his son. Extensive introductory notes and annotations place these translations in their literary and historical contexts.

Contexts of Justice, highly acclaimed when it was published in Germany, provides a significant new intervention into the important debate between communitarianism and liberalism. Rainer Forst argues for a theory of "contexts of justice" that leads beyond the narrow confines of this debate as it has been understood until now and posits the possibility of a new conception of social and political justice. This book brings refreshing clarity to a complex topic as it provides a synthesis of traditions and theories that leads to a truly original approach.

Forst makes a four-part distinction to decipher the debate between communitarianism and liberalism. These four parts concern the constitution of the self, the neutrality of law, the ethos of democracy, and the opposition between universalism and contextualism. He shows that a comprehensive theory of justice needs to take these different contexts adequately into account. He discusses recent debates about discursive democracy and feminist critiques of liberalism, and addresses such topics as multiculturalism and civil society.

Of all Plato’s dialogues, the Parmenides is notoriously the most difficult to interpret. Scholars of all periods have disagreed about its aims and subject matter. The interpretations have ranged from reading the dialogue as an introduction to the whole of Platonic metaphysics to seeing it as a collection of sophisticated tricks, or even as an elaborate joke. This work presents an illuminating new translation of the dialogue together with an extensive introduction and running commentary, giving a unified explanation of the Parmenides and integrating it firmly within the context of Plato's metaphysics and methodology.

Scolnicov shows that in the Parmenides Plato addresses the most serious challenge to his own philosophy: the monism of Parmenides and the Eleatics. In addition to providing a serious rebuttal to Parmenides, Plato here re-formulates his own theory of forms and participation, arguments that are central to the whole of Platonic thought, and provides these concepts with a rigorous logical and philosophical foundation. In Scolnicov's analysis, the Parmenides emerges as an extension of ideas from Plato's middle dialogues and as an opening to the later dialogues.

Scolnicov’s analysis is crisp and lucid, offering a persuasive approach to a complicated dialogue. This translation follows the Greek closely, and the commentary affords the Greekless reader a clear understanding of how Scolnicov’s interpretation emerges from the text. This volume will provide a valuable introduction and framework for understanding a dialogue that continues to generate lively discussion today.

In this close examination of the social and political thought of Marcus Tullius Cicero (106-43 B.C.), Neal Wood focuses on Cicero's conceptions of state and government, showing that he is the father of constitutionalism, the archetype of the politically conservative mind, and the first to reflect extensively on politics as an activity.

Western philosophers have traditionally concentrated on theory as the means for expressing knowledge about a variety of phenomena. This absorbing book challenges this fundamental notion by showing how objects themselves, specifically scientific instruments, can express knowledge. As he considers numerous intriguing examples, Davis Baird gives us the tools to "read" the material products of science and technology and to understand their place in culture. Making a provocative and original challenge to our conception of knowledge itself, Thing Knowledge demands that we take a new look at theories of science and technology, knowledge, progress, and change. Baird considers a wide range of instruments, including Faraday's first electric motor, eighteenth-century mechanical models of the solar system, the cyclotron, various instruments developed by analytical chemists between 1930 and 1960, spectrometers, and more.

Franz Rosenzweig (1886-1929) is widely regarded today as one of the most original and intellectually challenging figures within the so-called renaissance of German-Jewish thought in the Weimar period. The architect of a unique kind of existential theology, and an important influence upon such philosophers as Walter Benjamin, Martin Buber, Leo Strauss, and Emmanuel Levinas, Rosenzweig is remembered chiefly as a "Jewish thinker," often to the neglect of his broader philosophical concerns. Cutting across the artificial divide that the traumatic memory of National Socialism has drawn between German and Jewish philosophy, this book seeks to restore Rosenzweig's thought to the German philosophical horizon in which it first took shape. It is the first English-language study to explore Rosenzweig's enduring debt to Hegel's political theory, neo-Kantianism, and life-philosophy; the book also provides a new, systematic reading of Rosenzweig's major work, The Star of Redemption.

Most of all, the book sets out to explore a surprising but deep affinity between Rosenzweig’s thought and that of his contemporary, the German philosopher Martin Heidegger. Resisting both apologetics and condemnation, Gordon suggests that Heidegger’s engagement with Nazism should not obscure the profound and intellectually compelling bond in the once-shared tradition of modern German and Jewish thought. A remarkably lucid discussion of two notably difficult thinkers, this book represents an eloquent attempt to bridge the forced distinction between modern Jewish thought and the history of modern German philosophy—and to show that such a distinction cannot be sustained without doing violence to both.

Theodor W. Adorno (1903-1969), one of the principal figures associated with the Frankfurt School, wrote extensively on culture, modernity, aesthetics, literature, and—more than any other subject—music. To this day, Adorno remains the single most influential contributor to the development of qualitative musical sociology which, together with his nuanced intertextual readings of musical works, gives him broad claim as a continuing force in the study of music. This long-awaited collection of twenty-seven essays represents the full range of Adorno's music writing. Nearly half of the essays appear in English for the first time; all of the essays are fully annotated; and the previously translated essays have been corrected and missing text restored, making this volume the definitive resource on Adorno's musical thought.

This study is a philosophical critique of the foundations of Sigmund Freud's psychoanalysis. As such, it also takes cognizance of his claim that psychoanalysis has the credentials of a natural science. It shows that the reasoning on which Freud rested the major hypotheses of his edifice was fundamentally flawed, even if the probity of the clinical observations he adduced were not in question. Moreover, far from deserving to be taken at face value, clinical data from the psychoanalytic treatment setting are themselves epistemically quite suspect.

For centuries, observers have noted the many obstacles to intellectual change in science. In a much-discussed paper published in Scientific American in 1972, molecular biologist Gunther Stent proposed an explicit criterion for one kind of obstacle to scientific discovery. He denoted a claim or hypothesis as "premature" if its implications cannot be connected to canonical knowledge by a simple series of logical steps. Further, Stent suggested that it was appropriate for the scientific community to ignore such hypotheses so that it would not be overwhelmed by vast numbers of false leads. In this volume, eminent scientists, physicians, historians, social scientists, and philosophers respond to Stent's thesis.

Students and teachers of Chinese history and philosophy will not want to miss Daniel Gardner's accessible translation of the teachings of Chu Hsi (1130-1200)—a luminary of the Confucian tradition who dominated Chinese intellectual life for centuries. Homing in on a primary concern of our own time, Gardner focuses on Chu Hsi's passionate interest in education and its importance to individual development.

For hundreds of years, every literate person in China was familiar with Chu Hsi's teachings. They informed the curricula of private academies and public schools and became the basis of the state's prestigious civil service examinations. Nor was Chu's influence limited to China. In Korea and Japan as well, his teachings defined the terms of scholarly debate and served as the foundation for state ideology.

Chu Hsi was convinced that through education anyone could learn to be fully moral and thus travel the road to sagehood. Throughout his life, he struggled with the philosophical questions underlying education: What should people learn? How should they go about learning? What enables them to learn? What are the aims and the effects of learning?

Part One of Learning to Be a Sage examines Chu Hsi's views on learning and how he arrived at them. Part Two presents a translation of the chapters devoted to learning in the Conversations of Master Chu.

Certainly one of the key German philosophers of the twentieth century, Hans-Georg Gadamer also influenced the study of literature, art, music, sacred and legal texts, and medicine. Indeed, while much attention has been focused on Gadamer's writings about ancient Greek and modern German philosophy, the relevance of his work for other disciplines is only now beginning to be properly considered and understood. In an effort to address this slant, this volume brings together many prominent scholars to assess, re-evaluate, and question Hans-Georg Gadamer's works, as well as his place in intellectual history. The book includes a recent essay by Gadamer on "the task of hermeneutics," as well as essays by distinguished contributors including Jürgen Habermas, Richard Rorty, Gerald Bruns, Georgia Warnke, and many others.

The contributors situate Gadamer's views in surprising ways and show that his writings speak to a range of contemporary debates—from constitutional questions to issues of modern art. A controversial final section attempts to uncover and clarify Gadamer's history in relation to National Socialism. More an investigation and questioning than a celebration of this venerable and profoundly influential philosopher, this collection will become a catalyst for any future rethinking of philosophical hermeneutics, as well as a significant starting place for rereading and reviewing Hans-Georg Gadamer.

Laudan constructs a fresh approach to a longtime problem for the philosopher of science: how to explain the simultaneous and widespread presence of both agreement and disagreement in science. Laudan critiques the logical empiricists and the post-positivists as he stresses the need for centrality and values and the interdependence of values, methods, and facts as prerequisites to solving the problems of consensus and dissent in science.

The theory of law and economics that dominates American jurisprudence today views the market as rational and individuals as driven by the desire to increase their wealth. It is a view riddled with misconceptions, as Jeanne Lorraine Schroeder demonstrates in this challenging work, which looks at contemporary debates in legal theory through the lens of psychoanalysis and continental philosophy. Through metaphors drawn from classical mythology and interpreted via Lacanian psychoanalysis and Hegelian philosophy, Schroeder exposes the hidden and repressed erotics of the market. Her work shows how the predominant economic analysis of markets and the standard romantic critique of markets are in fact mirror images, reflecting the misconception that reason and passion are inalterably opposed.