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A Treatise of Legal Philosophy and General Jurisprudence S 6–8 VOLUME Editor-in-Chief: Enrico Pattaro, CIRSFID and Law Faculty, University of Bologna, Italy Now Available! The fi rst ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. A classical reference work that would be of great interest to legal and practical philosophers, as well as jurists and Philosophy of Law-scholar at all levels The entire work is divided into three parts: The Theoretical part (published in 2005) consists of 5 volumes and covers the main topics of contemporary debate. The Historical part consists of 6 volumes and is scheduled to be published during 2006 (volumes 6-8) and 2007 (volumes 9-11) and volume 12 (index). The historical volumes account for the development of legal thought from ancient Greek times through the twentieth century. Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics – 3 Fred D. Miller Jr. E VOLUM Vol. 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century – SET Andrea Padovani & Peter Stein Vol. 8: A History of the Philosophy of Law from the Seventeenth Century to 1900 in the Common-Law Tradition – Diethelm Klippel
2006, 1.090 p. (3 volume set), Harcover ISBN 1-4020-4950-1 € 399,00 | £307.00 | $535.00
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C. Cheyne, University of Otago, Dunedin, New T. M. Crisp, Biola University, La Mirada, CA, USA; R. F. Duska, The American College, Bryn Mawr, PA, Zealand; J. Worrall , London School of Economics, M. Davidson, California State University, San USA London, UK (Eds.) Bernardino, CA, USA; D. Vander Laan , Westmont College, Santa Barbara, CA, USA (Eds.) Contemporary Refl ections on Rationality and Reality Business Ethics Conversations with Alan Musgrave Knowledge and Reality Essays in Honor of Alvin Plantinga Ronald F. Duska, who began his career as a Alan Musgrave has consistently defended two posi- Th is volume comprises essays presented to Alvin philosopher, has, over the last 30 years, established tions that he regards as commonsensical – critical Plantinga on the occasion of his 70th birthday. himself as one of the leading scholars in the fi eld of realism and critical rationalism. In defence of Plantinga is one of the leading fi gures in Anglo- business ethics. In the past decade, he has concen- critcal realism he argues for the objective existence American metaphysics, epistemology and philos- trated on ethics in the fi nancial services industry of the external world as opposed to idealism, ophy of religion; his work in these areas has been because of his affi liation with Th e American as well as arguing for scientifi c realism against the focus of wide scholarly attention. Th is collec- College in Bryn Mawr, Pennsylvania, an institu- all anti-realist accounts of science. His critical tion of essays, all of which were written specifi - tion that specializes in educating fi nancial services rationalism is drawn from the work of Karl Popper cally for this volume in honor of Plantinga’s 70th professionals. Th is affi liation gives Duska regular and stands opposed to inductivist and irrationalist birthday, ranges broadly over topics in metaphysics interaction with producers, managers, and top methodologies. In defence of these positions, and epistemology and includes contributions by executives in the fi nancial services industry. Th is Musgrave’s writings have covered a wide range of some of the best philosophers writing today. Th e book includes a selection of the articles Duska has topics in epistemology, metaphysics, philosophy volume will be of particular interest to metaphysi- written throughout the years on ethics, business of science, philosophy of mathematics, history of cians, epistemologists, philosophers of religion and ethics, teaching ethics, agency theory, postmod- science, theories of truth, and economic theory. In theologians as it includes important recent work by ernism, employee rights, and ethics in accounting this volume a group of internationally-renowned some of the leading thinkers in these fi elds. and the fi nancial services industry. Th e articles authors discuss themes that are relevant in one way With contributions from William P. Alston, refl ect Duska’s underlying philosophical concerns or another to Musgrave’s work. Th is is not intended Michael Bergmann, Richard Fumerton, Jenann and their application to the real-world challenges as a standard celebratory festschrift but rather as Ismael, Jonathan Kvanvig, Trenton Merricks, of practitioners – an overarching method that a new examination of topics of current interest in Richard Otte, John Pollock, Michael C. Rea, might be called an Aristotelian common-sense philosophy. Eleonore Stump, James Tomberlin, Peter van approach to ethical decision making. Inwagen, Nicholas Wolterstorff , and Keith Yandell. Features Features 7 Contains an interaction of Musgrave’s views Features 7 Articles that are not easily found otherwise with a wide variety of his critics and admirers 7 Contains top-notch essays by some of today’s 7 Written by leading business ethics scholar 7 Brings together diverse aspects of Musgrave’s best philosophers 7 Written for one of America’s 7 Author is expert in fi nancial services industry long-standing defence of realism and rationality most important philosophers and most important 7 Trained as a philosopher, but complemented by 7 Musgrave’s unique perspective on Karl Popper’s philosopher of religion real world experience 7 Approach is informative, epistemology is both developed and scrutinized not didactic 7 Appeal to practitioners 7 Appeal From the contents to common sense From the contents Contributing Authors. Preface. 1. Methodological Rules, Rationality, and Truth.- Acknowledgments.- 1 Actualism and Presentism; From the contents 2. Where Does the Burden of Th eory Lie.- 3. Testi- J.E. Tomberlin.- 2 Properties; P. van Inwagen.- Business Ethics. 1. What is Ethics? 2. Th e Why’s of mony, Induction and Reasonable Belief.- 4. Critical 3 So You Th ink You Exist? In Defense of Business Revisited. 3. Business Ethics: Oxymoron Rationalism and its Failure to Withstand Critical Nolipsism; J. Ismael, J.L. Pollock.- 4 Substance or Good Business? 4. Aristotle: A Pre-Modern Scrutiny.- 5. Th eory-Confi rmation and History.- and Artifact in Aquinas‘s Metaphysics; E. Stump.- Post-modern? Implications For Business Ethics. 6. Why is it Rational to Believe Scientifi c Th eories 5 Epistemology and Metaphysics; W.P. Alston.- 5. Th e Religious Roots of Business Ethics. 6. Life are True?- 7. Th inking about the Ultimate Argu- 6 Historicizing the Belief-Forming Self; Boat Ethics: A problem in Economic Justice. ment for Realism.- 8. Th e Unseen World.- 9. Why N. Wolterstorff .- 7 A Dilemma for Internalism; Alan Musgrave Should Become an Essentialist. M. Bergmann.- 8 Epistemic Internalism, Philo- Field of interest sophical Assurance and the Skeptical Predicament; Ethics Field of interest R. Fumerton. Philosophy Target groups Field of interest Professors and students of Business Ethics, General Target groups Philosophy Management, Philosophy; practitioners in the Philosophers and historians of science, Financial Services Industry epistemologists, general philosophers Target groups Analytic philosophers, metaphysicians, epistemol- Type of publication Type of publication ogists, philosophers of religion and theologists Monograph Contributed volume Type of publication Contributed volume
Available Available Due August 2006
2006. X, 337 p. (Studies in History and Philosophy of 2006. XIII, 332 p. (Philosophical Studies Series, 2006. Approx. 310 p. (Issues in Business Ethics, Science, Volume 20) Hardcover Volume 103) Hardcover Volume 23) Hardcover 9
D. Hitchcock , McMaster University, Hamilton, ON, S. P. Lee , Hobart and William Smith Colleges, Geneva, M. Lobban, F. D. Miller, Jr., Bowling Green State Canada; B. Verheij , Rijksuniversiteit Groningen, NY, USA (Ed.) University, OH, USA; P. G. Stein , A. Padovani (Eds.) The Netherlands (Eds.) Intervention, Terrorism, and A Treatise of Legal Philosophy Arguing on the Toulmin Model Torture and General Jurisprudence New Essays in Argument Analysis and Contemporary Challenges to Just War Theory Vol. 6: A History of the Phil. of Law from the Evaluation Ancient Greeks to the Scholastics; Vol. 7: The Jurists‘ Phil. of Law from Rome to the Just war theory is the traditional approach taken to Seventeenth Century; Vol 8: A History of the Toulmin’s model has been appropriated, adapted questions of the morality of war, but war today is Phil. of Law from the Seventeenth Century to and extended by researchers in the fi elds of far from traditional. War has been deeply aff ected 1900 in the Common-Law Tradition speech communications, philosophy and artifi cial in recent years by a variety of social and techno- intelligence. Th is volume brings together the best logical developments in areas such as international Assistant editor: C. Khan Biondi contemporary refl ection in these fi elds on the terrorism, campaigns of genocide and ethnic Toulmin model and its current appropriation. cleansing, the global human rights movement, Th e book includes 24 articles by 27 scholars from economic globalization, and military technology. A Treatise of Legal Philosophy and General Juris- 10 countries. All the essays are newly written, Th is book asks whether just war theory is adequate prudence is the fi rst ever multivolume treatment have been selected from among those received in to the challenges these developments pose. Just of the issues in legal philosophy and general juris- response to a call for papers, and have been revised war theory provides rules for determining when prudence, from both a theoretical and a historical extensively in response to referees’ comments. it is justifi ed to fi ght a war. But some have argued perspective. Th e work is aimed at jurists as well Th ey are not exegetical but substantive, extending that the nature of contemporary war makes as legal and practical philosophers. Edited by the or challenging Toulmin’s ideas in ways that make these rules obsolete. For example, genocidal and renowned theorist Enrico Pattaro and his team this fresh contributions to the theory of analysing and aggressive regimes may require the use of military book is a classical reference work that would be of evaluating arguments. Collectively, they represent force that is not strictly in self-defense, as just war great interest to legal and practical philosophers, the only comprehensive book-length study of the theory requires. In addition, the theory provides as well as jurists and Philosophy of Law-scholar at Toulmin model. rules for determining what the limits are on justi- all levels fi ed conduct in war. But the random violence of Th e entire work is divided into three parts: Features terrorism and the deliberately infl icted violence - Th e Th eoretical part (published in 2005) consists 7 Comprehensive study of Stephen Toulmin’s of torture seem endemic to our age, yet take us of 5 volumes and covers the main topics of infl uential model for the layout of arguments beyond the limits set by these rules of conduct in contemporary debate. 7 New essays on argument analysis and evalua- war. - Th e historical part consists of 6 volumes and is tion by 27 scholars from 10 countries in the fi elds scheduled to be published during 2006 (volumes 6- of artifi cial intelligence, philosophy, psychology Features 8) and 2007 (volumes 8-11 and volume 12 (index). and speech communication 7 Novel contribu- 7 Brings the discussion of just war theory up to Th e historical volumes account for the develop- tions to the theory of non-formal inferences, to the date, given the changes in contemporary warfare ment of legal thought from ancient Greek times theory of defeaters, to the debate over relativism 7 Discusses the extent to which military interven- through the twentieth century. in argument evaluation, and to the classifi cation of tions, both humanitarian (Kosovo) and preventive the components of arguments (Iraq), are morally justifi ed 7 Considers the Features nature and moral characteristics of terrorism 7 First ever multi-volume treatment of all impor- From the contents 7 Addresses the question of what our response tant issues in the legal philosphy-fi eld 7 A clas- 1. Introduction. 2. Reasoning in Th eory and Prac- to terrorism should be and asks what moral limits sical reference work 7 Edited by the renowned tice. 3. A Citation-Based Refl ection on Toulmin there are in the “war” on terrorism 7 theorist Enrico Pattaro and his team and Argument. 4. Complex Cases and Legitima- tion Inferences: Extending the Toulmin Model to Field of interest Field of interest Deliberative Argument in Controversy. 5. A Meta- Political Science Philosophy of Law mathematical Extension of the Toulmin Agenda. 6. Toulmin’s Model of Argument and the Question Target groups Target groups of Relativism. Researchers in areas such as ethical theory, Philosophy of Law-scholars at all levels, general international relations, political philosophy, philosophers Field of interest international law, and applied ethics; teachers of Epistemology courses in these same areas, including morality Type of publication of war, global justice, human rights, ethics and Reference work Target groups international aff airs, contemporary moral issues, Researchers in Philosophy, Speech Communica- and others tion and Artifi cial Intelligence who specialize in Argumentation Type of publication Contributed volume Type of publication Contributed volume
Due August 2006 Available Due January 2007 2006. Approx. 355 p. (Argumentation Library, Volume 10) 2006. Approx. 210 p. (AMINTAPHIL: The Philosophical Hardcover Foundations of Law and Justice, Volume 1) Hardcover 2007. Approx. 1125 p. Hardcover 9
A. J. Menendez, E. O. Eriksen, University of Oslo, J. Stelmach , B. Brozek, Jagiellonian University, D. Walton , University of Winnipeg, MB, Canada Norway (Eds.) Krakow, Poland Character Evidence Arguing Fundamental Rights Methods of Legal Reasoning An Abductive Theory
Arguing Fundamental Rights explores the path- Th e book attempts to describe and criticize four Th is book is on evidence for character judgments, breaking Th eory of Constitutional Rights of methods used in legal practice, legal dogmatics answering questions about how such judgments Robert Alexy. Th e critical analysis of the structural and legal theory: logic, analysis, argumentation are and should be supported or refuted by verifi - elements of Alexy’s theory is combined with an and hermeneutics. Apart from a presentation of able evidence. For example, if I claim that some assessment of its applied relevance, with special basic ideas connected with the above mentioned particular person has integrity, or does not, what attention being paid to the UK Human Rights methods, the essays contained in this book seek kind of justifi cation should properly be used to Act and the Charter of Fundamental Rights of the to answer questions concerning the assumptions support or refute the claim? Th is book answers the European Union. standing behind these methods, the limits of using question using a model of abductive reasoning, Th e chapters combine a focus on key political them and their usefulness in the practice and commonly called inference to the best explana- questions such as whether rights adjudication can theory of law. A specifi c feature of the book is that tion. Th e methodology of the book derives from be subject to rational assessment and whether in one study four diff erent, sometimes competing recent work on models of reasoning in argumen- judges (and not democratically elected parlia- concepts of legal method are discussed. Th e tation theory and artifi cial intelligence. Th e aim ments) should be the umpires of fundamental panorama, sketched like this, allows one to refl ect is not just to show how character judgments are rights protection, with a concern with key juris- deeply on the questions concerning the meth- made, but to show how they should be properly be prudential issues, such as the determination of the odological conditioning of legal science and the made based on sound reasoning, in order to avoid limits of fundamental rights, the binding eff ect of existence of a unique, specifi c legal method. Th e errors and superfi cial judgments of a kind that are fundamental rights to private parties, or whether authors argue that there exists no such method. common. Character evidence in law is on a razor’s certain fundamental rights should or should not Th ey claim that the methodologies presented in edge. It is generally inadmissible, for it might tend be regarded as ultimate reasons for action, and as the book may serve as a basis for constructing a to prejudice a jury, but it is a kind of evidence oft en such, could be not be limited, not even when it coherent and useful conception of legal thinking. needed in trials, for example, to cross-examine a confl ict with other rights. witness. Features Features 7 Th e only book that covers four major philoso- Features 7 Explores a uniquely sophisticated frame- phies of legal reasoning (logic, analysis, argumen- 7 Brings state of the art tools of argumentation work for arguing confl icts between fundamental tation, hermeneutics) 7 Shows the philosophical and AI to bear on a fundamental problem that rights 7 Off ers keys to apply the leading theory basis for any theory of legal reasoning 7 Reports has been highly controversial Anglo-American of fundamental rights adjudication in Germany interdisciplinary research (philosophy, theory of law 7 An interdisciplinary approach that applies to any other European jurisdiction 7 Off ers a law, economics, legal dogmatics) 7 Combines the to many humanities fi elds, like history, where theoretically informed account of the UK Human perspectives of Anglo-American and continental character judgments are central, providing a new Rights Act and the Charter of Fundamental Rights legal theory 7 Covers topics which are less kind of objective basis for evaluating these judg- of the European Union known and explored in the English literature ments 7 Provides a fresh new approach to the older positivistic viewpoint that tended to dismiss Field of interest Field of interest character judgments as purely subjective and even Philosophy of Law Law Th eory/Law Philosophy prejudicial
Target groups Target groups Field of interest Postgraduate students taking an LLM or Ph.D., Established legal scholars; graduate students and Philosophy of Law scholars and researchers, practitioners on human PhD students; philosophers, especially specializing rights law on: Philosophy of Law (Jurisprudence), in ethics; undergraduate students (at least some Target groups Legal Th eory, Constitutional Law, Human Rights parts of the book); legal practitioners Students and teachers of Law, and those in the Law legal professions; Law libraries; specialists on Type of publication Argumentation, or Informal Logic, Artifi cial Intel- Type of publication Monograph ligence, Legal Argumentation, Computer Science, Contributed volume Philosophy (Logic), AI, and Speech Communica- tion; scholars and professionals in Law; professors of Evidence Law and related topics like Forensic Evidence
Type of publication Monograph
Due August 2006 Due August 2006 Due August 2006
2006. Approx. 260 p. (Law and Philosophy Library, 2006. Approx. 230 p. (Law and Philosophy Library, 2006. Approx. 200 p. 3 illus. (Argumentation Library, Volume 77) Hardcover Volume 78) Hardcover Volume 11) Hardcover 9
P. Wang , Temple University, Philadelphia, PA, USA Rigid Flexibility The Logic of Intelligence
Th is project is based on the belief that what we call “intelligence” can be understood and reproduced as “the capability of a system to adapt to its envi- ronment while working with insuffi cient knowl- edge and resources”. According to this idea, a novel reasoning system is designed, which challenges all the dominating theories in how such a system should be built. Th e system carries out reasoning, learning, categorizing, planning, decision making, etc., as diff erent facets of the same underlying process. Th is theory also provides unifi ed solutions to many problems in AI, logic, psychology, and philosophy. Th is book is the most comprehensive description of this decades-long project, including its philo- sophical foundation, methodological consider- ation, conceptual design details, its implications in the related fi elds, as well as its similarities and diff erences to many related works in cognitive sciences.
Features 7 One of a small number of books that try to give a constructive explanation of intelligence/cogni- tion/thinking as a whole 7 A novel and original approach that challenges all dominating theories 7 Th eoretical discussions combined with design details 7 Unifi ed solutions to many traditional problems in several fi elds (artifi cial intelligence, logic, psychology, philosophy, linguistics, …)
From the contents Part I. Th eoretical Foundation. 1. Th e Goal of Artifi cial Intelligence. 2. A New Approach Toward AI.- Part II. Non-Axiomatic Reasoning System.- 3. Th e Core Logic. 4. First-Order Inference. 5. Higher-Order Inference. 6. Inference Control.- Part III. Comparison and Discussion. 7. Semantics. 8. Uncertainty. 9. Inference Rules.
Field of interest Philosophy of Science
Target groups Faculty, graduate students, and researchers in Artifi cial Intelligence and Cognitive Sciences (Logic, Psychology, Philosophy, Linguistics); college students and general readers interested in computer and the mind
Type of publication Monograph
Due August 2006
2006. Approx. 415 p. (Applied Logic Series, Volume 34) Hardcover 9