Flesh of My Flesh is a collection of articles by today's most respected scientists, philosophers, bioethicists, theologians, and law professors about whether we should allow human cloning. It includes historical pieces to provide background for the current debate. Religious, philosophical, and legal points of view are all represented.

The economically deprived come into contact with the criminal court system in disproportionate number. This collection of original, interactive essays, written from a variety of ideological perspectives, explores some of the more troubling questions and ethical dilemmas inherent in this situation. The contributors, including well-known legal and political philosophers Philip Pettit, George Fletcher, and Jeremy Waldron, examine issues such as heightened vulnerability, indigent representation, and rotten social background defenses.

Thinking about justice -- The possibility of a justice convention -- The justice convention continued: Deliberating about the proper scope of public protection -- The justice convention continued: Deliberating about the appropriate response to wrongdoing -- The justice convention continued: Deliberating about criminal procedure -- The justice convention concluded: Deliberating about equality -- From natural law to human rights -- Nuremberg and beyond: the creation oa a system of international criminal justice -- Transitional (...) justice: New democracies grapple with their past -- The right to be let alone: determining the scope of personal freedom -- Justice in a lifeboat: Thinking about life-life tradeoffs -- Restorative justice: A challenge to the currrent system of criminal justice -- Sentencing offenders in noncapital cases -- Sentencing offenders in capital cases: The death penalty -- Justice and mercy. (shrink)

Australia has recently experienced what many regard as its greatest judicial crisis. The appointment of Timothy Carmody QC as Chief Justice of Queensland in 2014 emerged from a process that was tainted by the state government’s willingness to break confidences gained in the course of consultation for the appointment. Equally, a strongly negative and heterodox reaction to the appointment by the whole Queensland Supreme Court bench meant that, together, politicians and judges brought on a collapse of the traditional (...) ethics surrounding judicial appointments. Nevertheless, the extreme circumstances of the Carmody affair suggest that, where judges have a legitimate concern that a judicial appointment might put a fundamental constitutional value like judicial independence at risk, a court may be justified in publically expressing concern about the appointment. (shrink)

What are things like the Supreme Court? Gabriel Uzquiano has defended that they are groups, entities which are somehow composed of members (at certain times) but which, unlike sets (or pluralities), allow for fluctuation in membership. The main alternative holds that 'the Supreme Court' refers (at any time) to the set (or plurality) of their members (at the time). Uzquiano motivates his view by posing a metaphysical puzzle for this reductive alternative. I argue that a parallel reasoning would also find (...) a corresponding 'puzzle' in the case of singular terms like 'The Chief Supreme Court Justice'. (shrink)

Active surveillance cultures and contact precautions is a strategy to control the transmission of methicillin-resistant Staphylococcus aureus (MRSA) within healthcare facilities. Whether to implement this strategy to routinely screen and isolate inpatients with MRSA in non-outbreak (endemic) settings, or to remove it and use standard infection control precautions only is scientifically and ethically controversial, in view of the potential adverse effects of contact precautions on patients. To support the use of standard precautions only, it has been argued that active surveillance (...) to identify patients who are asymptomatically colonised with MRSA to place them in contact precautions is unjust or unfair to these patients in various ways. This paper will unpack and examine four distinct arguments, which are advanced from a medical ethics or quality improvement ethical framework, for why this is so. Our analysis shows that while these arguments highlight the injustice of current practices, they do not provide strong ethical reasons for justifying the removal of active surveillance and contact precautions to control MRSA transmission and infection. An implication of our arguments is that the ethical frame for evaluating prevention and control strategies for MRSA, a multi-drug resistant bacteria, should shift from healthcare to primarily public health. From a public health ethics perspective, whether a strategy is unjust, or how ethically significant its lack of fairness is, depends on assessing the evidence for its public health effectiveness and necessity in a given setting, and the extent of the harms and burdens patients with MRSA bear when they are on contact precautions, which remain matters of scientific debate or uncertainty. As an ethical consideration in the debate, the chief normative implication of justice is to provide us further reasons to revise current active surveillance-contact precautions practices, and for the need for research and interventions to minimise their potential adverse effects on patients. (shrink)

Opponents of the Affordable Care Act have attempted to topple it in court by challenging the legality of two of its three legs. Three years ago, in NFIB v. Sibelius, Chief Justice Roberts narrowly upheld the constitutionality of the individual mandate, in a 5-to-4 decision that characterized the mandate as an optional tax rather than as a regulatory command. This year, on June 25, the health policy community exhaled a giant sigh of relief when the Supreme Court upheld (...) the subsidy leg of the ACA structure. In King v. Burwell, Justice Roberts again wrote the majority opinion, ruling as a matter of statutory interpretation that subsidies for insurance premiums are available not just through state-based exchanges but also through the federal exchange. (shrink)

This article about restorative justice practices of Native American Restorative Justice of the southwestern United States is not intended to be all-inclusive, but rather a broad thematic overview. It includes interviews with three justice practitioners of the southwestern United States: The Honorable Robert Yazzie, chief justice emeritus of the Navajo Nation Supreme Court and director of the Dine’é Policy Institute of the Dine’é College at Tsaile, Arizona, a college chartered by the Navajo Nation; Judge Joseph (...) Flies-Away of the Hualapai Nation; and James Zion, formerly solicitor to the Navajo Nation Courts, currently domestic abuse commissioner at Crownpoint, New Mexico, Family Court. (shrink)

The issues before the Supreme Court, arising as they did out of multiple cases and divergent appellate court rulings, were quite complex, and its final decision will be parsed rather differently by lawyers, health policy wonks, and economists (or metaphysical philosophers, in Chief Justice John Roberts's memorable phrase). This essay will focus on one singular element: did the final ruling enhance or detract from our collective power to exercise stewardship over our health care resources? -/- Clearly Americans diverge (...) on key features of a desirable society and on the wisdom of using government to achieve even mutually desirable goals. But before politics settles the fate of the Affordable Care Act (and perhaps also the federal role in health policy for the foreseeable future), we should focus on what the Court has allowed us to consider: if we want it to, federal power may constitutionally be marshalled to compel insurers to end discrimination against the sick and to offer more transparent products so the marketplace will better serve consumers. (shrink)

As part of the South Carolina Law Review's symposium on the Roberts Court and Equal Protection, this essay looks at Justice Kennedy's sex discrimination jurisprudence. With the new Court, it's natural to be concerned with how the two new Justices might vote in upcoming sex discrimination cases. However, in this essay, I assume what has been the case so far from Chief Justice Roberts and Justice Alito - that they are reliable votes joining Justices Scalia and (...) Thomas on the Court's more conservative wing. The Justice most people should focus on now is Justice Kennedy, the new median Justice now that Justice O'Connor has retired. This essay seeks to analyze Justice Kennedy's sex discrimination jurisprudence and draw conclusions about his thoughts on sex and gender. First, it reviews the cases involving sex discrimination that Justice Kennedy has participated in while on the Court and shows that he has been a fairly consistent vote against sex discrimination claims. Second, it analyzes Justice Kennedy's votes and opinions in sex discrimination cases and attempt to summarize his views. Finally, the essay evaluates Justice Kennedy's conceptions of gender in his opinions and votes. The essay concludes that Justice Kennedy's new role as median Justice is troubling for sex equality jurisprudence generally and constitutional sex discrimination cases specifically, as Justice Kennedy has shown a tendency, in the many cases arising in the parent/child context, to adhere to traditional and paternalistic gender roles. (shrink)

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing (...) conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'. (shrink)

ABSTRACT Quentin Meillassoux claims that physical resurrection of the dead is necessary and sufficient for justice to be realized in the world. This article presents two arguments against Meillassoux's claim: the permanence argument, which suggests that events of injustice cannot be erased by what happens later, and the priority argument, which suggests that death is not the chief injustice. The article also investigates the consequences of rejecting Meillassoux's view, asking whether a commitment to justice is still viable (...) if it cannot be fully realized in the world. (shrink)

The Reputation of Justice Oliver Wendell Holmes, Jr., one of the chief architects of twentieth century American law, has gone through a number of phases, changing from being altogether praiseworthy in the last years of his life and the first years after his death in 1935 to that of more sober evaluations. Writing at mid-century Henry Steele Commager offered the judgment that Holmes had had about him “much of the Olympian [and] something of the Mephistophelean.” The most useful (...) account of how the winds of change swept along Holmes' reputation is an article by G. Edward White, “The Rise and Fall of Justice Holmes,” which appeared in the University of Chicago Law Review in 1971. White examined the myth of Justice Holmes as it obtained from 1932 to 1940 and then proceeded to describe the demythologizing of Holmes from 1941 through 1949. (shrink)

ABSTRACTThis paper puts forward a normative framework to differentiate between the climate-related responsibilities of different countries in the aftermath of the Paris Agreement. It offers reasons for applying the chief moral principles of ‘historical responsibility’ and ‘capacity’ to climate finance instead of climate change mitigation targets. This will provide a normative basis to realize the goal of climate change mitigation while allowing for developing and newly industrialized countries to develop economically and offer an account of the distributive principles that (...) can regulate climate finance. This is a real-world interpretation of the 1992 UNFCCC principle of ‘common but differentiated responsibilities’ that takes into account the progress accomplished at the COP21 in Paris and offers a solution to the still unsolved problem of differentiated responsibilities. This paper offers an application of this proposal to the Green Climate Fund. (shrink)

It is generally acknowledged that there were two schisms in the early history of the phenomenological movement. The first, the Great Phenomenological Schism, started between 1905 and 1913, as many of his younger contemporaries, for example Pfänder, Scheler, Reinach, Stein, and Ingarden, rejected Husserl’s transformation of phenomenology from the descriptive psychology of the Logical Investigations into the transcendental idealism of Ideas I. The second, the Phenomenological-Existential Schism, happened between 1927 and 1933, as it emerged that with Being and Time Heidegger’s (...) philosophy had moved away from Husserl’s transcendental phenomenology of consciousness toward an ontological analytic of human existence as the way to an interpretation of the question of the meaning of Being. This paper is about neither the first schism per se nor the second schism per se but about the relationship between the two. It suggests that the first schism anticipated the second and the second recapitulated the first, so that, although the first could have occurred without the second, the second would not have happened as it did without the first. It also indicates that the second schism lies temporally much closer to the first schism than has been hitherto appreciated. Above all, the paper seeks an answer to this question: How do the Great Phenomenological Schism and the Phenomenological-Existential Schism illuminate one another philosophically? (shrink)

Business ethicists have written much about ethical issues in employment. Except for a handful of articles on the very high pay of chief executive officers and the very low pay of workers in overseas sweatshops, however, little has been written about the ethics of compensation. This is prima facie strange. Workers care about their pay, and they think about it in normative terms. This article's purpose is to consider whether business ethicists' neglect of the normative aspects of compensation is (...) justified. I examine several possible justifications for neglecting compensation and show that they fail. What remains is a case for thinking that it is worthy of normative analysis. (shrink)

This new book prints a collection of updated lectures and papers written and delivered by Lord Woolf since 1986, following his retirement in 2005 from the office of Lord Chief Justice and a judicial career that has covered part or all of the last four decades. Lord Woolf expresses his personal views and provides a panoramic insight into the main law reforms over this period. The title The Pursuit of Justice reflects Lord Woolf's determination to see that (...) justice is done in the English courts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Climate Justice: Ethics, Energy, and Public PolicyWillis JenkinsClimate Justice: Ethics, Energy, and Public Policy James Martin-Schramm Minneapolis: Fortress Press, 2010. 232 pp. $20.00Religious ethicists are sometimes tempted to interpret climate change as symptomatic of a civilizational corruption so deep that practical responsibility seems nearly impossible. In its considered treatment of energy options and policy responses, [End Page 198] Climate Justice works to make applied Christian (...) ethics competent to address climate change. By interpreting political possibilities with Christian commitments to justice, the book makes a distinctively practical contribution to the literature on Christianity and climate; it lifts an important theological voice in the growing subfield of climate ethics.The book begins by elaborating the general notion of ecological justice into workable criteria. Martin-Schramm describes four basic norms of ecojustice (sustainability, sufficiency, participation, and solidarity), from which he develops twelve energy policy guidelines (e.g., equity, adequacy). He then specifies those guidelines into fourteen criteria by which to assess the justice of climate action (e.g., historical responsibility, emissions verifiability).Subsequent chapters use those criteria to evaluate policy options. A chief difficulty in applying them lies in the tension between intergenerational and intragenerational claims. Global climate negotiations founder on disagreements about these undeveloped, plural dimensions of justice. Martin-Schramm therefore deploys criteria with a balancing objective: to develop obligations to the future while recognizing claims of the present poor and vulnerable, and while keeping the result within the bounds of North American political viability.For example, Martin-Schramm recognizes that the criterion of historical responsibility indicates that the United States should bear about one-third of the costs of climate transition. But he finds that the resulting figure ($331 billion) so outstrips realistic acceptance that he rejects financial transfer in favor of a “national obligation wedge” in which the nation compensates by pledging to reduce future emissions. Since those emission reductions are unlikely apart from a price on carbon, Martin-Schramm argues that justice mandates a fossil fuel tax. With an eye to political viability, he proposes beginning with a modest $5/ton (for comparison, the Stern Report estimates the social costs of carbon at $85/ton).Controversy in the details matters to the whole project because the point of Martin-Schramm’s approach is that a meaningful climate ethic should guide contextual action. Yet other accounts of climate justice will find a scandal of modesty on those contextual points. Martin-Schramm’s climate justice entails less economic transformation than the “Northern structural adjustment” demanded by the Latin American Council of Churches. It is also less ecocentric than accounts from indigenous theologians arguing that justice warrants rights for species at risk of extinction, and perhaps for Earth itself.While Climate Justice is a self-consciously North American account, the criteria it develops would be different and work more critically were the underlying account of justice dialogically constructed across economic, political, and theological borders. Were it pragmatic, in the sense of arising from projects from across those borders, rather than applied deductively, a Christian climate ethic would likely produce an account of justice with more critical demands on industrial infrastructure and on ecological consciousness. [End Page 199]In its self-limitation, however, lies the book’s practical promise. Martin-Schramm wants justice to illuminate effective ways toward real responsibility. His criteria for justice imply that advocating for impossible goals, or for objectives that would imperil other conditions of social justice, would amount to injustice. Making ethics matter for climate change, he shows, requires understanding what justice can do in context.The open question for this book’s project is how a self-limited ethic of applied justice relates to the deeper processes of social transformation obviously needed for adequate response. Martin-Schramm closes with an account of his work reforming the energy economy of Luther College, which should inspire every reader with a sense of what persistent, informed, and contextual action can accomplish.Willis JenkinsYale Divinity SchoolCopyright © 2012 The Society of Christian Ethics... (shrink)

The human dimensions involved in the operational objectives of Restorative Justice demand the highest quality of program design and staff training. In this paper, I argue that this desideratum has yet to be fully realized in existing Restorative Justice programs, in particular, with regard to the facilitation of reconciliation. I begin by presenting the chief problems associated with the concentration on reparation in Restorative Justice programs, to the neglect of reconciliation. I then argue that this phenomenon (...) is, in part, a consequence of (i) the almost universal use of service-delivery criteria in the evaluation of Restorative Justice programs, and (ii) the absence of research on the interactional processes involved within the victim-offender encounter itself, using suitably designed methodological tools. (shrink)

This article outlines the chief challenges concerning the philosophical theories of emancipation and clarifies the solutions provided by a so-called negative theory of justice. Besides highlighting the classic questions that every philosophical theory of emancipation is expected to answer, the article aims to highlight the link between this theoretical framework and an immanent critique of conditions of domination. Moreover, it sheds light on the main differences between this theoretical perspective and Honneth’s theory of recognition, Fraser’s three-dimensional conception of (...) justice, and the critique of power relations recently advanced by Rainer Forst. The comparative analysis of these theoretical approaches will make it possible to highlight and appreciate the main merits of a so-called negative theory of justice that combines a multidimensional diagnosis of existing asymmetries of power with an immanent critique of their justifications. (shrink)

John Yoo, War by Other Means: An Insider's Account of the War on Terror New York: Atlantic Monthly Press, 2006, pp. 224.

The five chapters in this volume were originally delivered in lecture form at the University of Genoa and have previously appeared in French, German, and English translations. An appendix, "What the Philosopher May Learn from the Study of Law," has also appeared before in English. The book is basically a digest, with some modifications, of Perelman's earlier work Justice et Raison. The chief modification involves a supposed shift away from positivism toward a greater emphasis on the cognitive status (...) of primary values. Through the mediation of his consideration of the nature of practical reason in the Traité de l'Argumentation, Perelman now wishes to argue that values are subject to dialectical justification. The analysis of justice, thus, need not be restricted to merely formal specifications such as the rule of justice or to such inherently nonuniversalizable and nonanalyzable principles as that of equity. Dialectical justification falls short of demonstration, but only someone still under the spell of Cartesianism would wish to maintain that rationality is adequately summarized in the model provided by mathematics and science. Jurisprudence, therefore deals with judgments that have cognitive and not arbitrary or merely historical value. So much for the scheme of Perelman's argument. What about its execution? It must be said that its substance is slight and the base of discussion extraordinarily narrow. Thus, Perelman says he wishes to avoid the Scylla of nominalism and the Charybdis of realism; but his own analysis winds up squarely in a conventionalism that is only minutely distinguishable from the nominalism he presumably attacks: e.g., "the idea of [practical] reason must not be linked to that of truth", "reason is but an attempt to convince the members of [the universal] audience--whom common sense would define as well-informed and reasonable men". The only defense offered by Perelman for the first statement is a flaunting of the bogey of dogmatism. The vicious circle in the second statement is barred from rising to the level of the fruitful Aristotelian paradox by a peremptory dismissal of natural law: "The theorists of natural law... have not convinced the majority of those philosophers of law who are endowed with critical minds." This kind of "you-don't-belong-to-the-club" argument makes the book practically worthless from a truly dialectical point of view. The only critical sparks generated are in Perelman's discussion of Rawls' theory of "justice as fair play." His points here are well taken. But, as this is the only saving grace in the book--the rest being merely a statement of Perelman's own doxa about justice--it would have been better to leave the whole interred in the journals where it had already been published.--E. A. R. (shrink)

The five chapters in this volume were originally delivered in lecture form at the University of Genoa and have previously appeared in French, German, and English translations. An appendix, "What the Philosopher May Learn from the Study of Law," has also appeared before in English. The book is basically a digest, with some modifications, of Perelman's earlier work Justice et Raison. The chief modification involves a supposed shift away from positivism toward a greater emphasis on the cognitive status (...) of primary values. Through the mediation of his consideration of the nature of practical reason in the Traité de l'Argumentation, Perelman now wishes to argue that values are subject to dialectical justification. The analysis of justice, thus, need not be restricted to merely formal specifications such as the rule of justice or to such inherently nonuniversalizable and nonanalyzable principles as that of equity. Dialectical justification falls short of demonstration, but only someone still under the spell of Cartesianism would wish to maintain that rationality is adequately summarized in the model provided by mathematics and science. Jurisprudence, therefore deals with judgments that have cognitive and not arbitrary or merely historical value. So much for the scheme of Perelman's argument. What about its execution? It must be said that its substance is slight and the base of discussion extraordinarily narrow. Thus, Perelman says he wishes to avoid the Scylla of nominalism and the Charybdis of realism; but his own analysis winds up squarely in a conventionalism that is only minutely distinguishable from the nominalism he presumably attacks: e.g., "the idea of [practical] reason must not be linked to that of truth", "reason is but an attempt to convince the members of [the universal] audience--whom common sense would define as well-informed and reasonable men". The only defense offered by Perelman for the first statement is a flaunting of the bogey of dogmatism. The vicious circle in the second statement is barred from rising to the level of the fruitful Aristotelian paradox by a peremptory dismissal of natural law: "The theorists of natural law... have not convinced the majority of those philosophers of law who are endowed with critical minds." This kind of "you-don't-belong-to-the-club" argument makes the book practically worthless from a truly dialectical point of view. The only critical sparks generated are in Perelman's discussion of Rawls' theory of "justice as fair play." His points here are well taken. But, as this is the only saving grace in the book--the rest being merely a statement of Perelman's own doxa about justice--it would have been better to leave the whole interred in the journals where it had already been published.--E. A. R. (shrink)

This paper treats of Husserl’s phenomenology of happiness or eudaimonia in five parts. In the first part, we argue that phenomenology of happiness is an important albeit relatively neglected area of research, and we show that Husserl engages in it. In the second part, we examine the relationship between phenomenological ethics and virtue ethics. In the third part, we identify and clarify essential aspects of Husserl’s phenomenology of happiness, namely, the nature of the question concerning happiness and the possibility of (...) a phenomenological answer, the power of the will, the role of vocation, the place of obligation, the significance of habituation, the necessity of selfreflection and self-criticism, the importance of sociability and solidarity, the impact of chance and destiny, and the specter of regret. In the fourth part, we establish the inextricable linkage between Husserl’s metaethics and his metaphysics. In the fi ft h part, we provide a provisional exploration of his conception of the connection between happiness and blessedness. We acknowledge that there is an extensive literature on Husserl’s phenomenological ethics, and our study has benefitted greatly from it, but we also suggest that our holistic approach critically clarifies his description of happiness, virtue, and blessedness by fully recognizing that his phenomenological metaethics is embedded in his phenomenological metaphysics. (shrink)

An ethical analysis of chief executive officer (CEO) salaries can be approached via theory on distributive justice and an examination of some corporate codes of ethics. U.S. CEO salaries are compared with their Japanese and European counterparts, and factors behind the high U.S. CEO salaries are reviewed. The negative repercussions of high pay are discussed, including feelings of unfairness, declining morale and greater cynicism found in lower level employees. Reduced research and development budgets, and downsized organizations are related (...) to the maintenance of high CEO salaries. After considering economic repercussions, recommendations for reform, which lead to the greatest expected benefit of the least advantaged, are made. (shrink)

"In the aftermath of New Historicism and Cultural Materialism, the field of Shakespeare Studies has been increasingly overrun by post-theoretical, phenomenological claims. Many of the critical tendencies that hold the field today--post-humanism, speculative realism, ecocriticism, historical phenomenology, new materialism, performance studies, animal studies, affect studies--are consciously or unwittingly informed by phenomenological assumptions. This book aims at uncovering and examining these claims, not only to assess their philosophical congruency but also to determine their hermeneutic relevance when applied to Shakespeare. More specifically, (...) Unphenomenal Shakespeare deploys resources of speculative critique to resist the moralistic and aestheticist phenomenalization of the Shakespeare playtexts across a variety of schools and scholars, a tendency best epitomized in Bruce Smith's Phenomenal Shakespeare "--. (shrink)

A work of contemporary Christian political thought, this volume addresses the crisis of modern democracy evident in the decline of the institutions of civil society and their theoretical justification. Drawing upon a rich store of social and political reflection found in the Catholic and Neo-Calvinist traditions, the essays mount a robust defense of the irreducible identity and value of the social institutions_family, neighborhood, church, civic association_that serve as the connective tissue of a political community.

In The Crisis of the European Sciences and Transcendental Phenomenology, Husserl argues that the only way to respond to the scientific Krisis of which he speaks is with phenomenological reflections on the history, method, and task of philosophy. On the assumption that an accurate diagnosis of a malady is a necessary condition for an effective remedy, this paper aims to formulate a precise concept of the Krisis of the European sciences with which Husserl operates in this work. Thus it seeks (...) an answer to the question: What exactly, according to Husserl, is “the ‘crisis’ [Krisis] of the European sciences”? There are two different tendencies in the literature on this question. According to the traditional interpretation, the Krisis of the European sciences lies not in the inadequacy of their scientificity but in the loss of their meaningfulness for life. According to an innovative suggestion, the Krisis lies not in the loss of their meaningfulness for life but in the inadequacy of their scientificity. These readings are mutually exclusive because each claims that the other misidentifies the Krisis as something that it is not. The argument of this paper, however, is that, given the many different senses of Krisis in The Crisis, an adequate understanding of the Krisis that Husserl identifies requires not a disjunctive but an inclusive approach. Therefore the paper proposes that Husserl’s Krisis of the European sciences is both a crisis of their scientificity and a crisis of their meaningfulness for life. The relevance of this result to Husserl’s philosophical and historical sense-investigations in The Crisis—as well as to the present critical situation of philosophy—is self-evident. (shrink)

This is the first book to cover Husserl’s phenomenology of existence -/- Collects the contributions of a team of internationally recognized scholars collaborating on a neglected but essential aspect of Husserl’s phenomenology -/- Remedies the widespread but misleading impression that transcendental phenomenology does not and cannot deal with existential questions.

This paper explores the close connection in early phenomenology between the problem of objectless presentations and the concept of intentional objects. It clarifies how this basic concept of Husserl’s early phenomenology emerged within the horizons of Bolzano’s logical objectivism, Brentano’s descriptive psychology, Frege’s mathematical logicism, Twardowski’s psychological representationalism, and Meinong’s object theory. It shows how in collaboration with these thinkers Husserl argued that a theory of intentionality is incomplete without a concept of the intentional object. It provides a brief history (...) of the concept of intentional objects in the philosophical logic of the nineteenth century that demonstrates its relevance to the problem of objectless presentations in the early phenomenology of the twentieth century. It suggests that Husserl accepts Bolzano’s objectivism and Frege’s logicism, rejects Brentano’s conception of immanent objects and Twardowski’s notion of representational pictures, and ignores Meinong’s theory of objects. Thus the paper employs the formation of Husserl’s concept of the intentional object to enhance the understanding of the historical and philosophical relationships between early phenomenology and contemporaneous philosophical movements. (shrink)