Celebrating the remarkable career of jurist Harold J. Berman, the essays in this volume demonstrate that Berman's contributions to Russian studies, international trade law, legal history, philosophy of law, and law and religion have firmly established him as part of the tradition of our greatest American jurists.

Focusing on the rise of the mechanistic idea that we can know the natural world only by distancing ourselves from it, Berman shows how science acquired its...

What are the objects of science? Are they just the things in our scientific experiments that are located in space and time? Or does science also require that there be additional things that are not located in space and time? Using clear examples, these are just some of the questions that Scott Berman explores as he shows why alternative theories such as Nominalism, Contemporary Aristotelianism, Constructivism, and Classical Aristotelianism, fall short. He demonstrates why the objects of scientific knowledge need (...) to be not located in space or time if they are to do the explanatory work scientists need them to do. The result is a contemporary version of Platonism that provides us with the best way to explain what the objects of scientific understanding are, and how those non-spatiotemporal things relate to the spatiotemporal things of scientific experiments, as well as everything around us, including even ourselves. (shrink)

Probably no doctrine has excited as much horror and abuse as atheism. This first history of British atheism, first published in 1987, tries to explain this reaction while exhibiting the development of atheism from Hobbes to Russell. Although avowed atheism appeared surprisingly late – 1782 in Britain – there were covert atheists in the middle seventeenth century. By tracing its development from so early a date, Dr Berman gives an account of an important and fascinating strand of intellectual history.

Unlike nearly all studies of Berkeley, this book looks at the full range of his work and links it with his life--focusing in particular on his religious thought. While aiming to present a clear picture of his career, Berman breaks new ground on, among other topics, Berkeley's philosophical strategy, his account of immortality, his Jacobitism, his emotive theory of religious mysteries, and the motivation of his Siris (1744). Also distinctive is the attention paid to the Irish context of his (...) thought, his symbolic frontispieces and portraits, and recent discoveries concerning his life and writings. (shrink)

In this acclaimed exploration of the search for "authentic" individual identity, Marshall Berman explores the historical experiences and needs out of which this new radicalism arose. Focussing on eighteenth-century Paris, a time and place in which a distinctively modern form of society was just coming into its own, Berman shows how the ideal of authenticity—of a self that could organize the individual's energy and direct it toward his own happiness—articulated eighteenth-century man's deepest responses to this brave new world, (...) and his most ardent hope for a new life in it. Exploring in particular the ideas of Montesquieu and Rousseau, Berman shows how the ideal of authenticity was radically opposed to the bourgeois, capitalistic idea of "self-interest.". (shrink)

This review essay of Victor Tadros’s new book, “The Ends of Harm: The Moral Foundations of Criminal Law,” responds to Tadros’s energetic and sophisticated attacks on retributivist justifications for criminal punishment. I argue, in a nutshell, that those attacks fail. In defending retributivism, however, I also sketch original views on two questions that retributivism must address but that many or most retributivists have skated past. First, what do wrongdoers deserve – to suffer? to be punished? something else? Second, what does (...) it mean for them to deserve it? That is, what is the normative force or significance of valid desert claims, either with respect to retributivist desert in particular or with respect to all forms of desert? Because the answers that this essay offers are preliminary, the essay also serves as a partial blueprint for further work by criminal law theorists with retributivist sympathies. (shrink)

Examines the theories of translation by German romantics in the early 19th century, from Novalis, Friedrich Schlegel, and A.W. Schlegel to Schleiermacher, and compares them briefly to the contemporary, but contrasting, theories by Herder,...

A world of legal conflicts -- The limits of sovereigntist territoriality -- From universalism to cosmopolitanism -- Towards a cosmopolitan pluralist jurisprudence -- Procedural mechanisms, institutional designs, and discursive practices for managing pluralism -- The changing terrain of jurisdiction -- A cosmopolitan pluralist approach to choice of law -- Recognition of judgments and the legal negotiation of difference.

Philosophy of sport orthodoxy maintains the following three theses: (1) all sports (or all refereed sports) are games; (2) games are as Suits defined them; and (3) sprints are sports. This article argues that these three theses cannot be jointly maintained and offers exploratory thoughts regarding what might follow.

The Essential Berkeley and Neo-Berkeley is an introduction to the life and work of one of the most significant thinkers in the history of philosophy and a penetrating philosophical assessment of his lasting legacy. David Berman goes beyond providing an introduction and gives us a broader and deeper appreciation of Berkeley as a philosopher. He argues for Berkeley's work as a philosophical system with coherence and important key themes hitherto unexplored and provides an analysis of why he thinks Berkeley's (...) work has had such lasting significance. With a particular focus on Berkeley's dualist thinking and theories of 'mental types', Berman provides the reader with a key to unlocking the significance of this work. This introductory text will provide an insight into Berkeley's full body of work, the distinctiveness of his thinking and how deeply relevant this key thinker is to contemporary philosophy. (shrink)

ExcerptAll rational liberal philosophic positions have lost their significance and power. One may deplore this but I for one cannot bring myself to clinging to philosophic positions which have been shown to be inadequate. Leo Strauss, “Existentialism”1The Supreme Court decision on the Patient Protection and Affordable Care Act, the Obama administration's signature legislation on health care, attracted exceptional public attention, and rightly so. Health is a vital concern, and the topic is charged with acerbic party politics. More importantly, the terms (...) of the debate give evidence of a widespread awareness, across the political spectrum, that…. (shrink)

Hoop residuation algebras are the {, 1}-subreducts of hoops; they include Hilbert algebras and the {, 1}-reducts of MV-algebras (also known as Wajsberg algebras). The paper investigates the structure and cardinality of finitely generated free algebras in varieties of k-potent hoop residuation algebras. The assumption of k-potency guarantees local finiteness of the varieties considered. It is shown that the free algebra on n generators in any of these varieties can be represented as a union of n subalgebras, each of which (...) is a copy of the {, 1}-reduct of the same finite MV-algebra, i.e., of the same finite product of linearly ordered (simple) algebras. The cardinality of the product can be determined in principle, and an inclusion-exclusion type argument yields the cardinality of the free algebra. The methods are illustrated by applying them to various cases, both known (varieties generated by a finite linearly ordered Hilbert algebra) and new (residuation reducts of MV-algebras and of hoops). (shrink)

Are the arguments of the Frankfurt School still relevant? Modern Culture and Critical Theory investigates this question in the context of important issues in contemporary cultural politics: neoconservatism and new social movements, discontents with modernity and debates on postmodernism, the political hegemony of Ronald Reagan, and the cultural hegemony of structuralism and poststructuralism. Russell Berman thoughtfully explores the theories of Horkheimer, Adorno, Benjamin, Lyotard, and Foucault and their relevance to both historical and contemporary issues in literature, politics, and the (...) arts. (shrink)

Organizational institutionalism has shown how institutional entrepreneurs can introduce new logics into fields and push for their broader acceptance. In academic science in the United States, however, market logic gained strength without such an entrepreneurial project. This article proposes an alternative “practice selection” model to explain how a new institutional logic can gain strength when local innovations interact with changes outside the field. Actors within a field are always experimenting with practices grounded in a variety of logics. When one logic (...) is dominant, innovations based on alternative logics may have trouble gaining the resources they need to become more broadly institutionalized. But if a changing environment starts systematically to favor practices based on an alternative logic, that logic can become stronger even in the absence of a coherent project to promote it. This is what happened in US academic science, as growing political concern with the economic impact of innovation changed the field’s environment in ways that encouraged the spread of local market-logic practices. (shrink)

The purpose of this paper is to argue for psychological egoism, i.e., the view that the ultimate motivation for all human action is the agent’s self-interest. Two principal opponents to psychological egoism are considered. These two views are shown to make human action inexplicable. Since the reason for putting forward these views is to explain human action, these views fail. If psychological egoism is the best explanation of human action, then humans will not differ as regards their motivations for their (...) actions. However, humans will differ as regards their knowledge of what is in fact in their self-interest. (shrink)

A Platonic explanation of non-modal and modal truths is explained and defended using non-spatiotemporal entities as their truthmakers. It is argued, further, that this theory is parsimonious, naturalistic, and ontologically serious. These features should commend the view to a wide swath of philosophers.

What all contemporary so-called aristotelian realists have in common has been identified by David Armstrong as the principle of instantiation. This principle has been put forward in different versions, but all of them have the following simple consequence in common: uninstantiated universals do not exist. Such entities are for the lotus-eating Platonist to countenance, but not for any sort of moderate realist. I shall argue that this principle, in any guise, is not the best way to differentiate aristotelianism from Platonism. (...) In its place, I shall suggest that the best way to differentiate the two versions of realism from each other is by means of a far more powerful idea: naturalism. And the surprising conclusion given this means of differentiation will be that contrary to the usual proclamations, Platonism will be the more naturalistic theory, whereas aristotelianism will come to be seen for what it really is, namely, non-naturalistic. (shrink)

This history of the political economy of Kenya is the first full length study of the development of the colonial state in Africa. Professor Berman argues that the colonial state was shaped by the contradictions between maintaining effective political control with limited coercive force and ensuring the profitable articulation of metropolitan and settler capitalism with African societies. This dialectic of domination resulted in both the uneven transformation of indigenous societies and in the reconstruction of administrative control in the inter-war (...) period. The study traces the evolution of the colonial state from its skeletal beginnings in the 1890s to the complex bureaucracy of the post-1945 era which managed the growing integration of the colony with international capital. These contradictions led to the political crisis of the Mau Mau emergency in 1952 and to the undermining of the colonial state. The book is based on extensive primary sources including numerous interviews with Kenyan and British participants. The analysis moves from the micro-level of the relationship of the District Commissioners and the African population to the macro-level of the state and the political economy of colonialism. Professor Berman uses the case of Kenya to make a sophisticated contribution to the theory of the state and to the understanding of the dynamics of the development of modern African political and economic institutions. (shrink)

A study probing the ambiguities of German nationhood. Berman takes a theoretical perspective of cultural studies, exploring such themes as: the constitution of nationhood; what holds a citizenry together; and history's role in providing a framework for current identities and institutions.

In what can only be called a genuine intellectual adventure, Russell Berman raises fundamental questions long ignored by literary scholars; Why does literature command our attention at all? Why would society want to cultivate a sphere of activity devoted to the careful study of literary fiction? Written as a tonic to what he calls the debilitating cultural relativism of contemporary literary studies,_ Fiction Sets You Free_ advances the innovative argument that literature and capitalism, rather than representing merely commercialization, actually (...) belie a long and positive association: literary autonomy is a central part of modern Western culture, thoroughly intertwined with political democracy and free market capitalism. (shrink)

The material reprinted in this two-volume set, first published in 1989, covers the first eighty-five years in responses to George Berkeley’s writings. David Berman identifies several key waves of eighteenth-century criticism surrounding Berkeley’s philosophies, ranging from hostile and discounted, to valued and defended. The first volume includes an account of the life of Berkeley by J. Murray and key responses from 1711 to 1748, whilst the second volume covers the years between 1745 and 1796. This fascinating reissue illustrates the (...) breadth and diversity of the early reaction to Berkeley’s philosophies, and will help students and academics form a clear image of both Berkeley’s work and his reputation through the eyes of his contemporaries. (shrink)

The material reprinted in this two-volume set, first published in 1989, covers the first eighty-five years in responses to George Berkeley’s writings. David Berman identifies several key waves of eighteenth-century criticism surrounding Berkeley’s philosophies, ranging from hostile and discounted, to valued and defended. The first volume includes an account of the life of Berkeley by J. Murray and key responses from 1711 to 1748, whilst the second volume covers the years between 1745 and 1796. This fascinating reissue illustrates the (...) breadth and diversity of the early reaction to Berkeley’s philosophies, and will help students and academics form a clear image of both Berkeley’s work and his reputation through the eyes of his contemporaries. (shrink)

In this book, Michael P. Berman uses Merleau-Ponty’s thought to develop a critique, grounded in his phenomenology, of certain issues in the philosophy of religion such as faith, love, vision, soul, magic and miracles, judgment, evil, and hallowing.

Applying fresh tools from economics to explain puzzling behaviors of religious radicals: Muslim, Christian, and Jewish; violent and benign. How do radical religious sects run such deadly terrorist organizations? Hezbollah, Hamas, Lashkar-e-Taiba, and the Taliban all began as religious groups dedicated to piety and charity. Yet once they turned to violence, they became horribly potent, executing campaigns of terrorism deadlier than those of their secular rivals. In Radical, Religious, and Violent, Eli Berman approaches the question using the economics of (...) organizations. He first dispels some myths: radical religious terrorists are not generally motivated by the promise of rewards in the afterlife (including the infamous seventy-two virgins) or even by religious ideas in general. He argues that these terrorists (even suicide terrorists) are best understood as rational altruists seeking to help their own communities. Yet despite the vast pool of potential recruits—young altruists who feel their communities are repressed or endangered—there are less than a dozen highly lethal terrorist organizations in the world capable of sustained and coordinated violence that threatens governments and makes hundreds of millions of civilians hesitate before boarding an airplane. What's special about these organizations, and why are most of their followers religious radicals? Drawing on parallel research on radical religious Jews, Christians, and Muslims, Berman shows that the most lethal terrorist groups have a common characteristic: their leaders have found a way to control defection. Hezbollah, Hamas, and the Taliban, for example, built loyalty and cohesion by means of mutual aid, weeding out “free riders” and producing a cadre of members they could rely on. The secret of their deadly effectiveness lies in their resilience and cohesion when incentives to defect are strong.These insights suggest that provision of basic social services by competent governments adds a critical, nonviolent component to counterterrorism strategies. It undermines the violent potential of radical religious organizations without disturbing free religious practice, being drawn into theological debates with Jihadists, or endangering civilians. (shrink)

The two parts of this article constitute a single chapter in H.J. Berman, Law and Revolution: The Formation of the Western Legal Tradition.

This book examines Richard Whately's classic book Historic Doubts Relative to Napoleon Buonaparte. After considering its textual development, the analysis focusses on Whately's idea of the 'Preliminary Question'; the idea that in the debate about Jesus's miracles there is a more basic question that has been overlooked and which invalidates the debate. It is asked whether the notion of a Preliminary Question might not illuminate other philosophical disputes. Finally, a variant of the Preliminary Question is proposed in which both positions (...) in a dispute are shown to be true and this form of the question is invoked to shed light on the debate between metaphysical monists and dualists and to revisit the debate about miracles. This book is essential reading for all scholars of the philosophy or religion and British 19th century philosophy. It is also of interest to scholars researching David Hume and Bertrand Russell. David Berman is Fellow Emeritus of Philosophy at Trinity College Dublin. He has published more than 90 peer-reviewed articles and 6 scholarly books. (shrink)

Our article identifies and describes the metaphoric fallacy to a deductive inference (MFDI) that is an example of incorrect reasoning along the lines of the false analogy fallacy. The MFDI proceeds from informal semantical (metaphorical) claims to a supposedly formally deductive and necessary inference. We charge that such an inference is invalid. We provide three examples of the MFDI to demonstrate the structure of this invalid form of reasoning. Our goal is to contribute to the set of known informal fallacies.

The growing interest in AI in advance capitalist societies can be understood not just in relation to its practial achievements, which remain modest, but also in its ideological role as a technological paradign for the reconstruction of capitalism. This is similar to the role played by scientific management during the second industrial revolution, circa 1880–1930, and involves the extension of the rationalization and routinization of labour to mental work. The conception of human intelligence and the emphasis on command and control (...) systems of much contemporary AI research reflects its close relationship with the US military and corporate capital, which are the sources of many of AI's key metaphors and anolgies. (shrink)

Philosophy is one of the most intimidating and difficult of disciplines, as any of its students can attest. This book is an important entry in a distinctive new series from Routledge: The Great Philosophers. Breaking down obstacles to understanding the ideas of history's greatest thinkers, these brief, accessible, and affordable volumes offer essential introductions to the great philosophers of the Western tradition from Plato to Wittgenstein. In just 64 pages, each author, a specialist on his subject, places the philosopher and (...) his ideas into historical perspective. Each volume explains, in simple terms, the basic concepts, enriching the narrative through the effective use of biographical detail. And instead of attempting to explain the philosopher's entire intellectual history, which can be daunting, this series takes one central theme in each philosopher's work, using it to unfold the philosopher's thoughts. (shrink)