THE LEGALIST SCHOOL1 AND LEGAL POSITIVISM2

Law is the authoritative principle for the people and is the basis of government; it is what shapes the people.
The Book of Lord Shang, Chap. V, Par. 26.
If the people be led by laws and controlled by punishments, they will try to evade them but have no sense of shame. If they be led by virtue and controlled by the rules of propriety, they will have the sense of shame and will moreover attain character.
Analects, book ii, Chap. iii
Lcgge, Vol. 1. p. 146     

BROWN ON SELF-KNOWLEDGE AND DISCRIMINABILITY1

Abstract:  In her recent book Anti-Individualism and Knowledge , Jessica Brown has presented a novel answer to the self-knowledge 'achievement problem' facing the proponent of anti-individualism. She argues that her answer is to be preferred to the traditional answer (based on Burge, 1988a). Here I present three objections to the claim that her proposed answer is to be preferred. The significance of these objections lies in what they tell us about the nature of the sort of knowledge that is in dispute. Perhaps the most important lesson I draw from this discussion is that, given the nature of knowledge of one's own thoughts, discriminability (from relevant alternatives) is not a condition on knowledge as such.     

CHINESE AND WESTERN INTERPRETATIONS OF JENb (HUMANITY)1

The concept of jen (humanity, love, humaneness; pronounced ren ) is a central concept of Confucian thought and has gone through a long evolution of more than 2000 years. The story of that evolution has been told elsewhere. The purpose here is to see how the Chinese have understood the concept and how the West has interpreted it. We shall discuss the Chinese understanding under seven headings.     

JOHN MILBANK's THEOLOGY OF THE GIFT AND CALVIN's THEOLOGY OF GRACE: A CRITICAL COMPARISON1

In his theology of the Gift, John Milbank advocates a theology of “reciprocity” between God and humanity, involving “active” rather than “passive” reception of the divine gift. Calvin and other Reformation theologians are criticized by Milbank as demeaning the role of the human partner by advocating “passivity” in the reception of grace. This essay compares Milbank's theology of the Gift with Calvin's theology of grace, showing how Calvin overcomes the schematic options of “passivity” or “reciprocity” in the divine‐human relation, all the while holding much more in common with Milbank's concerns about sanctification and participation than has generally been recognized.     

REMOVING VEILS OF IGNORANCE1

For more than two millennia the development of philosophy in what is called the West has been the province of men who trace their intellectual heritage to (some) men in ancient Greece. Within “the development of philosophy” I include the training of philosophers as well as publishing and preserving philosophical work in libraries. Thus I regard philosophy as a very material as well as spiritual enterprise. My focus here is on the spiritual impact, actual and potential, of recent changes in the material base of philosophy and the material impact of recent changes in the spiritual focus of philosophers. Before the Twentieth Century, the most significant transitions in the development of Western philosophy were its coming under the domination of Christian religious institutions and then its becoming relatively freed from such domination. Since the advent of the Twentieth Century, the most significant transitions may come from the increasing access to academic institutions of the middle and working classes, of people of color with histories of oppression by white societies, and of women from all classes and ethnic backgrounds—people who do not always or only trace their intellectual heritages to men of ancient Greece. What differences might these changes make to, and call for in, the development of philosophy? What I have thought about most are differences made by women and differences that have drawn in women to academic philosophy in Western democracies, such as the United States. Twentieth Century women in these contexts have published substantial bodies of philosophical inquiry with feminist agendas (both philosophy of feminism and philosophy manifesting feminist perspectives in ethics, epistemology, etc.). I want to comment on two features of such inquiry that often make it attractive to women less readily engaged by the traditions defined by privileged men. These features are holism and what I call “historical particularism.” I begin with “particularism.”     

REVELATION, CREATION AND LAW1

Through faith we understand that the worlds were made by the Word of God, so that things which are seen were not made of things which do appear (Hebrews 11:3, AV )
By faith we understand that the universe was framed by God's command, so that the visible came forth from the invisible (Hebrews 11:3, NEB )     

CONSEQUENTIALISM, TELEOLOGY, AND THE NEW FRIENDSHIP CRITIQUE1

Abstract: A powerful objection to impersonal moral theories states that they cannot accommodate the good of friendship. This paper focuses on the problem as it applies to consequentialism and addresses the recent criticism that even the most sophisticated forms of consequentialism are incompatible with genuine friendship. I argue that this objection fails since those who pose this challenge either seriously oversimplify consequentialism's theory of value, misunderstand its theory of practical reason, or put too much weight on the good of friendship itself. I conclude by assessing a contemporary consequentialist response in order to suggest a workable conception of consequentialist friendship.