bluuebunny/crossref_metadata_2025_split huggingface dataset:
Automata
Authors: Brown Deborah J. , Normore Calvin G. 
Published: December 2019

Abstract
Automata or “self-moving things” occupy a unique place in Descartes’ worldview. Lacking souls, their internal principle of motion must be accounted for wholly in mechanistic terms. Starting from the form of mechanical explanation engineers use to explain the inner workings of artificial automata—the clocks, mills, and fountain automata of his youthful experience—Descartes proceeds to argue that the same model of explanation is suitable for explaining how animals, plants, and the human body—automata made by God—operate. With these most complex organic systems demystified, Descartes hoped to have demonstrated the universality of mechanism as a science of (non-rational) nature. His recognition of the distinctiveness of such complex systems raises puzzles for what has seemed to many a commitment to a reductionist physics. Automata require special modes of explanation (specifically, functional) and appear to satisfy conditions of identity and persistence that are distinct from those that pertain to the substances composing them. This chapter advances an interpretation according to which Descartes’ notion of true and immutable natures can help to make sense of the special status afforded to automata in his philosophy.
Systems and Functions
Authors: Brown Deborah J. , Normore Calvin G. 
Published: December 2019

Abstract
Descartes’ reliance on functional analyses to understand automata has struck many critics as deeply problematic, particularly in light of his rejection of the necessity of ends or final causes in physics. This chapter examines how important answering this question was to Descartes to avoid falling into the trap of vitalism, on the one side, and a materialist reduction of human nature, on the other. It advances a non-teleological analysis of “function” that steers a middle course between teleological/normative accounts and naïvely causal accounts that identify functions in terms of what they contribute to the complex causal capacities of a system. Causal functional analyses are accused of begging the question on the identity of the system to whose capacities they contribute. Drawing on an examination of how Descartes uses the notion of “function” in biological contexts and how it relates to a concept of work, implicit in his physics, it is argued that his notion of “function” is neither teleological nor causal in the standard sense, although it represents an extension of the causal approach. Descartes thus makes a unique and lasting contribution to debates about the notion of function and its place in a mechanical physics.
The State of the Union
Authors: Brown Deborah J. , Normore Calvin G. 
Published: December 2019

Abstract
The union of mind and body in Descartes’ philosophy is the paradigm example of a whole that is more than the sum of its parts. Despite being composed of radically distinct kinds of substance, it has a unified nature of its own. It too is an ens per se not an ens per accidens and the subject of unique modes—sensations, passions and volitions terminating in movements of the body. It is argued that for neither Descartes’ interlocutors nor us need the terminology of “unio substantialis” entail that the mind-body union is a substance. Nor do we need to suppose that Descartes’ only interest in the union is in its phenomenology—that is, in the distinctively embodied experience we enjoy “in this life.” It is argued that the union belongs in Descartes’ theory of wholes and parts, as much a part of his metaphysics as it is of his phenomenology.
Foreign Judgments
Authors: Briggs Adrian 
Published: December 2019

Abstract
This chapter discusses the items of private international law of foreign judgments covered in part by a number of European regulations and other instruments prior to Exit Day. These are the Brussels I Regulation 44/2001 and the recast Brussels I Regulation 1215/2012; the 1988 Lugano Convention and the 2007 Lugano II Convention; the 1968 Brussels Convention as amended from time to time; and a number of minor Regulations such as the European Enforcement Order Regulation 805/2004. According to the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019 No 479, on Exit Day these instruments are revoked or, in the case of the Conventions given effect by the Civil Jurisdiction and Judgments Act 1982, as amended, repealed. The gap will be filled by the rules of the common law, or by the provisions of a bilateral Convention made under the Foreign Judgements (Reciprocal Enforcement) Act 1933 (or in the case of Cyprus and Malta, presumably by registration under the Administration of Justice Act 1920).
The Lex Fori
Authors: Briggs Adrian 
Published: December 2019

Abstract
This chapter examines of the role of the lex fori in English private international law before proceeding to examine the rules of the conflict of laws applicable in an English court. Issues for which the rules of the conflict of laws select the lex fori as the law to be applied include grounds for the dissolution (as distinct from nullity) of marriage, even if the marriage has little or nothing to do with the United Kingdom; or settlement of the distribution of assets in an insolvency even though there may be significant overseas elements. Where the rules of the conflict of laws select a foreign law, its application, even though it is proved to the satisfaction of the court, may be disrupted or derailed by a provision of the lex fori instead. The remainder of the chapter covers procedural issues; penal, revenue, and public laws; and public policy.
Contractual Obligations
Authors: Briggs Adrian 
Published: December 2019

Abstract
This chapter discusses the law on contractual obligations. On Exit Day, and unless any further legislative provision is made, the provisions of EU law set out in the Rome I Regulation, Regulation 593/2008, will be retained as the law of the United Kingdom. The adjustments necessary to allow the Rome I Regulation to operate as English private international law are made by the Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, SI 2019 No 834: these adjustments are of no substantial importance. It follows that it is possible to refer in this chapter to the Rome I Regulation without needing to draw attention to its status as EU legislation (as it was prior to Exit Day) or as retained EU legislation (as it is on and after Exit Day).
Non-Contractual Obligations
Authors: Briggs Adrian 
Published: December 2019

Abstract
This chapter discusses the law on non-contractual obligations. On Exit Day, and unless any further legislative provision is made, the provisions of EU law set out in the Rome II Regulation, Regulation 864/2007, will be retained as the law of the United Kingdom. The adjustments necessary to allow the Rome II Regulation to operate as English private international law are made by the Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, SI 2019 No 834: these adjustments are of no substantial importance. It follows that it is possible to refer in this chapter to the Rome II Regulation without needing to draw attention to its status as EU legislation (as it was prior to Exit Day) or as retained EU legislation (as it is on and after Exit Day).
Corporations
Authors: Briggs Adrian 
Published: December 2019

Abstract
This chapter discusses the private international law of insolvency and bankruptcy. Prior to Exit Day, the private international law of insolvency and bankruptcy was covered in part by two European Regulations: the Insolvency Regulation 1346/2000, and the recast Insolvency Regulation 2015/848. According to the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019 No 146, a fragment of Regulation 2015/848 is retained as English law, but otherwise it is not retained as English law. The principal effect of this is that the court will continue to have jurisdiction to open insolvency proceedings when the debtor’s centre of main interests is in the United Kingdom. Otherwise Part 1 of the Schedule to SI 2019 No 146 provides that the recast Insolvency Regulation shall not have effect in the United Kingdom. Consequential amendment is made to secondary legislation. Transitional provisions are made to provide for the continued application of the Regulations after Exit Day in the case of insolvency proceedings opened before Exit Day.
Strengthening Hope for the Greatest Things
Authors: Herdt Jennifer A. 
Published: December 2019

Abstract
Aquinas reinterprets Aristotle with a view to showing that it is Jesus Christ who is the perfect exemplar of magnanimity, as of all the virtues. The acquired virtue of magnanimity, which strengthens persons in the hope of obtaining the greatest goods, is to be understood through the infused virtue of hope. Natural reason grasps virtue, rather than honour, as the greatest good, but the theological virtue of hope stretches out to nothing less than God. Just as Christ’s exemplary public benefaction is made possible by his perfect union with God, so ordinary Christian virtue is made possible by receiving a grace that likewise directs Christ’s followers beyond their own good to that of enemies and needy neighbours. Aristotle’s magnanimous man is thereby stretched almost beyond recognition, while remaining unequivocally the one worthy of the greatest honour.
Magnanimity and Modernity
Authors: Hanley Ryan Patrick 
Published: December 2019

Abstract
This chapter chronicles the approaches to magnanimity taken by three key Enlightenment theorists, David Hume, Adam Smith, and John Witherspoon. United in their concern to defend the modern relevance of magnanimity, these thinkers differed in how they approached two central questions: the standard by which magnanimity is measured, and the need to ensure that goodness and greatness coincide. Hume’s relative understanding of greatness of mind created problems which Smith sought to redress by introducing the concept of ‘absolute perfection’ as the touchstone for judgements about magnanimity and moral judgements more broadly. Against the apparent tension between magnanimity and Christian values, John Witherspoon set out to recover the virtue on specifically Christian terms. Taking Smith’s solution one step further, he identified the standard of absolute perfection with God, with merit conceived as conformity with God’s will and the desire for worldly honour displaced by a desire for worthiness of God’s esteem.
A Composite Portrait of a True American Philosophy on Magnanimity
Authors: Corsa Andrew J. , Schliesser Eric 
Published: December 2019

Abstract
This chapter offers a composite portrait of the concept of magnanimity in nineteenth-century America, focusing on Ralph Waldo Emerson, Margaret Fuller, and Henry David Thoreau. A composite portrait, as a method in the history of philosophy, is designed to bring out characteristic features of a group’s philosophizing in order to illuminate features that may still resonate in today’s philosophy. Compared to more standard methods in the historiography of philosophy, the construction of a composite portrait de-privileges the views of individual authors. These American philosophers saw the virtue of magnanimity as a remedy for a number of modern ills. They suggest that the best sort of magnanimity is acquired by adopting the correct relation to the natural world, including new forms of inquiry, or by adopting a life of voluntary poverty.Â Magnanimous individuals are critics of capitalism and offer themselves as exemplars of a better, experimental life.
Inventing the Novel
Authors: Branham R. Bracht 
Published: December 2019

Abstract
Bakhtin as a philosopher and a student of the novel is intent upon the novel’s role in the history of consciousness. His project fails if he is wrong about the dialogic nature of consciousness or the cultural centrality of the novel as the only discourse that can model human consciousness and its intersubjective character. Inventing the Novel is an argument in four stages: the Introduction surveys Bakhtin’s life and his theoretical work in the 1920s, which grounded his work on the novel, as investigated in following chapters. Chapter 1 sketches Bakhtin’s view of literary history as an agonistic dialogue of genres, concluding with his claim that the novel originates as a new way of evaluating time. Chapter 2 explores Bakhtin’s theory of chronotopes: how do forms of time and space in ancient fiction delimit the possible representation of the human? Chapter 3 assesses Bakhtin’s poetics of genre in his account of Menippean satire as crucial in the history of the novel. Chapter 4 uses Petronius to address the prosaics of the novel, exploring Bakhtin’s account of how novelists of “the second stylistic line” orchestrate the babble of voices expressive of an era into “a microcosm of heteroglossia,” focusing it through the consciousness of characters “on the boundary” between I and thou. Insofar as this analysis succeeds, it evinces the truth of Bakhtin’s claim that the role of Petronius’s Satyrica in the history of the novel is “immense.”
Mapping Time and Space in Ancient Fiction
Authors: Branham R. Bracht 
Published: December 2019

Abstract
This chapter aims at a Bakhtinian account that does justice to the insight of Ian Watt that a new form emerged in eighteenth-century fiction, reflected in the term “novel”. However, this development was hardly unprecedented: novelistic fiction had already appeared at least twice, in Renaissance Spain and the Roman empire. Various eighteenth-century English novels are canonical examples of the genre, but their genealogy can be traced back to antiquity, illuminating what distinguishes novelistic discourse and what is or is not modern about it. Ancient examples of novelistic fiction (e.g., Apuleius and Petronius) can be generically distinguished from Greek romance. Novelistic fiction has been invented more than once, and its earliest examples provide interesting precedents for what have been considered among the modern novel’s distinguishing features—such as contemporaneity and certain kinds of realism.
On Some Reactions to “Kant’s Tragic Problem”
Authors: Ameriks Karl 
Published: December 2019

Abstract
Nietzsche describes “Kant’s tragic problem” as a matter of making things seem “relative” and thereby giving art a “new dignity.” What Nietzsche means by “tragedy” here is not a matter of pain or ethical conflict but rather the impact of modern science and Kant’s Critical philosophy, which teaches that our theoretical knowledge is limited in principle to phenomena and does not reach unconditioned reality. This is not a form of skepticism or nihilism, but it does imply that the search for such knowledge can be considered secondary to other human interests. This chapter argues that this position also fits well the outlook of the aesthetic approach of Kant and the Early German Romantics. To make this case, it argues against suggestions, coming from a Hegelian direction, by Frederick Beiser and Robert Pippin, that the Kantian aesthetics and Romantic philosophy are overly subjective.
Introduction
Authors: Cowie Christopher 
Published: December 2019

Abstract
The moral error theory—i.e. moral judgements attempt to describe a reality that does not exist, and as a consequence those judgements are systematically mistaken—and the argument from analogy—the argument for thinking that morality is systematically mistaken in this way—are introduced. Interest in the argument from analogy is motivated by situating it within recent trends in both moral philosophy and epistemology. A roadmap for the book is provided. The conclusion of the book is outlined: it is that the argument from analogy fails. It is not inferred from this that the moral error theory is true. The arguments do not lead to this conclusion. But the book does claim that—for now at least—we do not know that the argument from analogy is false.
Beyond Animal Rights
Authors: Deane-Drummond Celia E. 
Published: December 2019

Abstract
This chapter sets out the philosophical context for current debates in animal ethics, including abolitionist versions of animal rights that are against all forms of animal use, including animal experimentation and agriculture. The author argues that while a more muted version of animal rights is more convincing, rights language has proved inadequate to the modest task of shifting to more humane treatments of other animals. There are also theoretical problems associated with the use of rights language that itself is premised on a particular approach to social justice. Utilitarian advocates following Peter Singer do not fare much better in that his liberationist agenda is ethically ambiguous by his association of speciesism with racist and even sexist views. This approach could just as easily diminish women and those of colour, or deny human dignity, all of which have a strong political and social agenda, rather than elevating concern for other animals. Even anti-speciesism still relies on a comparative approach that begins by widening the moral world of humans to sentient others, even while, ironically perhaps, denying the special significance of the human species. Christine Korsgaard has made the most convincing case so far for rehabilitating Immanuel Kant’s categorical imperative so that it is extended to other animals. Rather more promising is the largely theoretical approach of Peter Scott’s argument for postnatural right and Cynthia Willett’s interspecies ethics to begin to map out the multispecies frameworks.
Wild Justice, Justice as Virtue, and Natural Law
Authors: Deane-Drummond Celia E. 
Published: December 2019

Abstract
This chapter begins to link the earlier discussion on the evolution of justice with debates about what justice as a human virtue means and in relationship with different varieties of natural law ethics. How far are accounts of human justice as a virtue of the will still reasonable in an evolutionary age or where contemporary psychological studies deny the presence of the will? Should theologians and philosophers insist on an objective as well as a subjective account of natural law in spite of strong evolutionary and philosophical objections? What is the relationship between reason and revelation in classic accounts of justice as virtue and how might this compare with an evolutionary or systems approach? This chapter explores theoretical scientific frameworks in systems theory and argues that a modest version of natural law could be viewed as a normative aspect of a complex system. More recently, understanding the earth as a single Earth System that has planetary boundaries has gained traction in current debates on the Anthropocene. The author argues that this approach is the culmination of the turn to systems theory in science. Adopting the Earth System as a paradigm has profound ethical implications for humans and other creaturely kinds. Therefore, a discussion of the tensions that come to the surface in navigating a scientific and theistic account is not overlooked. While natural law also has a rich history in positive law, the thoughts of Jean Porter and Thomas Aquinas are drawn on to recover a scholastic version of natural law that is theistic, rather than stripped to its Aristotelian bones.
Domestication—Including Animals in Building Virtue
Authors: Deane-Drummond Celia E. 
Published: December 2019

Abstract
In this chapter, an alternative understanding of justice is provided, one that bears on indigenous views as connected closely with restoration of relationships. The case is also made for the virtues of compassion, wisdom, and justice to be essential in consideration of how individuals are related to each other in a multispecies community. All three were likely to have been important in the evolution of cooperation that eventually led to domestication and, engaging with the work of Tim Ingold, the author argues against those who claim that the movement from hunting to domestication was necessarily a step back in human-animal relationships. Comparative examples from the domestication of bees and the domestication of horses is used together with studies of horse-human psychology in Western contexts in comparison with some ethnographic work by Marcus Baynes-Rock with Oremo communities in Ethiopia. Also explored are indigenous traditions on the domestication of wolves, dingos, and the evolution of dog domestication. While the link between compassion for humans and that towards other animals has a rich and ancient history, including biblical traditions, there is some resistance to the ethical importance of compassion for other animals. These objections are considered before arguing that both love and compassion are important, if not exclusive, elements in building a theoretical ground for animal ethics.
Capability Theory, Just Institutions, and Communitarian Conscience
Authors: Deane-Drummond Celia E. 
Published: December 2019

Abstract
This chapter starts to move towards a political theory that, by taking multispecies context seriously, considers communitarianism as the most reasonable starting point over utilitarian or other alternative approaches. Drawing on Martha Nussbaum, the author develops and refines her political theory of justice through her communitarian approach in a way that attempts to take into account interaction and entanglements with other species. Nussbaum’s approach, which draws on capabilities in community, is more inclusive and holistic compared with procedural theories of justice such as that of John Rawls, but it still lacks a robust means to integrate love and compassion with justice. Classic theological approaches provide such an ontological basis, but remain vulnerable in the face of ethical naturalism. Yet an evolutionary naturalistic ethic also flounders given the ambiguity of human history with other animals. The work of Paul Riceour is discussed as his theories contribute to the overall thesis of this book, namely, that the goal of a multispecies ethics needs to include the idea of living well in and for others in just institutions, but broaden out his view so that it is inclusive of other animal kinds.
Persons in Multispecies Communities
Authors: Deane-Drummond Celia E. 
Published: December 2019

Abstract
This chapter considers arguments for and objections to extending the notion of personhood beyond the human community. While extension of personhood is rather more appealing compared with rights, it is still premised on moral worth parsed out in anthropocentric terms. Such discussion hinges on philosophical debates about whether animals have moral worth, intrinsic value, subjectivity, and moral agency, and on the definition of personhood. It also touches on questions of the place of animals in religious traditions discussed in critical animal studies, as in authors such as Aaron Gross. It suggests that if personhood is extended it should not be confused with divine image bearing and in this respect argues against authors such as Charles Camosy and David Clough that tie both together in advocating an extended notion of personhood. While some theologians have become nervous about using any language about divine image bearing even in the case of humans, on the basis it could lead to an unhelpful sense of human superiority, the author considers that such nervousness can be avoided by suitable qualifications of what human image bearing means. Divine image bearing is, like wisdom, a complex term that has its own chequered history of interpretation. But image bearing is also a reminder that human persons bear a special responsibility in a multispecies community in a way that personhood alone does not. Enlarging a notion of personhood may broaden the moral sphere, and the author believes that it is justified in the case of many animal kinds, but it does not tell us how to act in situations of conflicting interests.