In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.

Something can be said to be good for a particular person, whether or not it is good for anyone else, let alone good ‘overall’ or ‘good simpliciter ’. Sometimes we speak of ‘John's good’ as well as of things that are ‘good for John’. What is ‘good for John’ is whatever enhances his ‘good’ or, to use an apparently synonymous term, his ‘well-being’. But what is a person's well-being: in what does it consist?

In "Moral Realism and the Foundations of Ethics", David Brink defendsexternalist moral realism against Mackie's sceptical arguments, whichpresuppose some kind of internalism. But Brink confuses the issues by failing to distinguish different kinds of internalism. What he calls conceptual internalism may be false, but Mackie can retreat to sociological internalism, which holds that most people believe moral requirements to be capable of motivating action regardless of pre-existing desires. Brink does not challenge that thesis, which isall that Mackie's sceptical arguments necessarily (...) presuppose. (shrink)

Constitutional interpretation is problematic because it can be difficult to distinguish legitimate interpretation from illegitimate change. The distinction depends largely on what a constitution is. A constitution, like any other law, necessarily has a meaning, which pre-exists judicial interpretation: it is not a set of meaningless marks on paper. Any plausible constitutional theory must offer an account of the nature of that meaning. In doing so, it must address two main questions. The first is whether the meaning of the constitution (...) is given solely by its words, or also by additional evidence of underlying intentions, purposes or values. The second question is whether, in either case, its meaning is determined by the original meanings, intentions, purposes or values of the founding generation, or by contemporary meanings, intentions, purposes or values. This question divides so-called 'originalists' from 'non-originalists'. This article discusses all these alternatives, and the main arguments for and against them. It is subtitled 'Originalism' because it defends a moderate version of that position; however, it is argued that this is equivalent to a moderate version of non-originalism. (shrink)

This review article examines Richard Ekins’ attempt to defend the concept of legislative intention from influential criticism, and to demonstrate its indispensable and central role in statutory interpretation. He rejects accounts of legislative intention in terms of the aggregation of the intentions of individual legislators, and instead, draws on recent philosophical work on the nature of group agency to propose a unitary model, in which the relevant intention is that of the legislature itself, although it is supported by the ‘interlocking’ (...) of the intentions of all its members. The legislature has two relevant intentions: a secondary or standing intention to operate by way of agreed procedures to develop and enact particular proposals for legislation to enhance the welfare of the community; and primary intentions that consist of the content of those proposals once the legislature has enacted them. Ekins restricts the evidence that is relevant and admissible in order to determine the content of such proposals; because they must be ‘open’ to all legislators, and transparent to the community, the evidence must be publicly available. This article summarizes the main theses of the book, and subjects them to critical examination. It concludes that the book adds considerable depth, rigour and theoretical insight to our understanding of these issues. But it also suggests that his argument is vulnerable to criticism at a few points, at least one of which is crucial. The argument needs a better account of what it is that constitutes the content of particular proposals when they are put to the legislature for enactment. (shrink)

In British constitutional law, the doctrine of parliamentary sovereignty maintains that Parliament has unlimited legislative authority. Critics have recently challenged this doctrine, on historical and philosophical grounds. This book describes its historical origins and development.

The lesson is that while externalists avoid devastating objections to internalist moral realism, they thereby sacrifice most of thepractical significance of moral realism as an alternative to noncognitivism. They defend the objectivity of moral beliefs, but are forced to concede that the practical relevance and appeal of those beliefs depends on subjective desires. It is because they correctly reject internalism that they succumb to the non-cognitivists'tu quoque.

The doctrine of parliamentary sovereignty has long been regarded as the most fundamental element of the British Constitution. It holds that Parliament has unlimited legislative authority, and that the courts have no authority to judge statutes invalid. This doctrine has now been criticized on historical and philosophical grounds and critics claim that it is a relatively recent invention of academic lawyers that superseded an earlier tradition in which Parliament's authority was limited to common law. The critics also argue that it (...) is based on a misunderstanding of the relationship between statutory and common law, and is morally indefensible. The Sovereignty of Parliament: History and Philosophy responds to these criticisms. It first defines and clarifies the concept of legislative sovereignty and then describes the historical origins and the development of the doctrine from the thirteenth to the end of the nineteenth century. Professor Goldsworthy goes on to identify many different reasons why persuaded statesmen, lawyers, and political theorists have endorsed the doctrine. He discusses the ideas of a large number of legal and political thinkers, including Fortescue, St German, Hooker, Coke, Bacon, Parker, Milton, Hobbes, Hale, Locke, Bolingbroke, Blackstone, and Burke. He shows that judges in Great Britain have never had authority to invalidate statutes, and that the doctrine is much older than is generally realized. The book concludes by dealing with philosophical criticisms of the doctrine. Combining the insights of earlier thinkers with those of contemporary legal philosophers, it demonstrates that these criticisms are based on a defective understanding of the nature and foundations of law, and of the relationship between legislative authority and the common law. It argues that the doctrine is morally defensible, and refutes the thesis that the judges have authority to modify or reject it. (shrink)

In his recent book Interpretation and Legal Theory , Andrei Marmor makes a number of claims about meaning and interpretation, both in general and in law, which I will argue are mistaken. Actually, there is some confusion in his book between what I take to be his “official” view of the nature of meaning and interpretation, and a very different view which keeps surfacing despite his official rejection of it. I will argue that this alternative, rejected view, when properly developed, (...) is more plausible than his official view, and that the difference between them is of considerable practical consequence for legal interpretation. What is at stake is the role of legislative intention. The alternative view denies Marmor's claim that the meaning of a statute is conceptually independent of the intention or purpose which the legislature had in enacting it. It should be said at the outset that I will focus on just three of the eight chapters in Marmor's book, which contains many virtues that are untouched by my critique. (shrink)

What should and what should not to be counted as a human right? What does it mean to identify a right as a human right? And what are the most effective and legitimate means of promoting human rights? This book addresses these questions and the complex relationship between the answers to them.

What might be thought of as religious longings, he argues, are crucial aspects of enchanting secularity when developed through encounters with these works of art.

Direct neurological and especially imaging-driven investigations into the structures essential to naturally occurring cognitive systems in their development and operation have motivated broadening interest in the potential for artificial consciousness modeled on these systems. This first paper in a series of three begins with a brief review of Boltuc’s (2009) “brain-based” thesis on the prospect of artificial consciousness, focusing on his formulation of h-consciousness. We then explore some of the implications of brain research on the structure of consciousness, finding limitations (...) in biological approaches to the study of consciousness. Looking past these limitations, we introduce research in artificial consciousness designed to test for the emergence of consciousness, a phenomenon beyond the purview of the study of existing biological systems. (shrink)

This third paper locates the synthetic neurorobotics research reviewed in the second paper in terms of themes introduced in the first paper. It begins with biological non-reductionism as understood by Searle. It emphasizes the role of synthetic neurorobotics studies in accessing the dynamic structure essential to consciousness with a focus on system criticality and self, develops a distinction between simulated and formal consciousness based on this emphasis, reviews Tani and colleagues' work in light of this distinction, and ends by forecasting (...) the increasing importance of synthetic neurorobotics studies for cognitive science and philosophy of mind going forward, finally in regards to most- and myth-consciousness. (shrink)

The modern biomedical research laboratory is increasingly defined by dynamic social material conditions requiring researchers to traverse multiple shifting cognitive ecologies within day-to-day practice. Although the complexity of biomedical research is well known, the mechanisms by which the social and material organisation of this space is negotiated has yet to be fully considered. Integrating insights from Material Engagement Theory and Enactive Cognition with observations undertaken within a biomedical research laboratory, this paper develops an understanding of how actors are able to (...) respond to the dynamically changing world that is enacted with and around them. (shrink)

Wattles offers a comprehensive survey of the history of the golden rule, "Do unto others as you want others to do unto you". He traces the rule's history in contexts as diverse as the writings of Confucius and the Greek philosophers, the Bible, modern theology and philosophy, and the American "self-help" context. He concludes by offering his own synthesis of these varied understandings.

A model of the neuropsychology of anxiety is proposed. The model is based in the first instance upon an analysis of the behavioural effects of the antianxiety drugs in animals. From such psychopharmacologi-cal experiments the concept of a “behavioural inhibition system” has been developed. This system responds to novel stimuli or to those associated with punishment or nonreward by inhibiting ongoing behaviour and increasing arousal and attention to the environment. It is activity in the BIS that constitutes anxiety and that (...) is reduced by antianxiety drugs. The effects of the antianxiety drugs in the brain also suggest hypotheses concerning the neural substrate of anxiety. Although the benzodiazepines and barbiturates facilitate the effects of γ-aminobutyrate, this is insufficient to explain their highly specific behavioural effects. Because of similarities between the behavioural effects of certain lesions and those of the antianxiety drugs, it is proposed that these drugs reduce anxiety by impairing the functioning of a widespread neural system including the septo-hippocampal system, the Papez circuit, the prefrontal cortex, and ascending monoaminergic and cholinergic pathways which innervate these forebrain structures. Analysis of the functions of this system suggests that it acts as a comparator: it compares predicted to actual sensory events and activates the outputs of the BIS when there is a mismatch or when the predicted event is aversive. Suggestions are made as to the functions of particular pathways within this overall brain system. The resulting theory is applied to the symptoms and treatment of anxiety in man, its relations to depression, and the personality of individuals who are susceptible to anxiety or depression. (shrink)

In order to understand ongoing activity, observers segment it into meaningful temporal parts. Segmentation can be based on bottom‐up processing of distinctive sensory characteristics, such as movement features. Segmentation may also be affected by top‐down effects of knowledge structures, including information about actors' intentions. Three experiments investigated the role of movement features and intentions in perceptual event segmentation, using simple animations. In all conditions, movement features significantly predicted where participants segmented. This relationship was stronger when participants identified larger units than (...) when they identified smaller units, and stronger when the animations were generated randomly than when they were generated by goal‐directed human activity. This pattern suggests that bottom‐up processing played an important role in segmentation of these stimuli, but that this was modulated by top‐down influence of knowledge structures. To describe accurately how observers perceive ongoing activity, one must account for the effects of distinctive sensory characteristics, the effects of knowledge structures, and their interactions. (shrink)

Our purpose in this article is to identify and suggest resolution for two core problematics of grounded theory. First, while grounded theory provides transparency to one part of the conceptualization process, where codes emerge directly from the data, it provides no such systematic or transparent way for gaining insight into the conceptual relationships between discovered codes. Producing a grounded theory depends not only on the definition of conceptual pieces, but the delineation of a relationship between at least two of those (...) pieces. Second, the conceptualization process of grounded theory is done in hierarchical fashion, where individual codes emerge from the data but then are used to generate insight into more general concepts and thematic statements. But various works on grounded theory have failed to provide any systematic way of using data specific levels of scale (the codes) to gain insight into more macro levels of scale (concepts and themes). We offer fractal concept analysis as a means of resolving both of these issues. By using a logic structure generator, fractal concept analysis delineates self-similar conceptual frameworks at various levels of abstraction, yielding a method for linking concepts together within and between levels of scale encountered in the grounded theory coding and categorization process. We conclude that this fractal analytic technique can bolster the aims of grounded theory as a formalized and systematic process for generating theory from empirical data. (shrink)

A simple tool is provided to assist researchers in assessing contributions to a scientific publication, for ease in evaluating which contributors qualify for authorship, and in what order the authors should be listed. The tool identifies four phases of activity leading to a publication—Conception and Design, Data Acquisition, Analysis and Interpretation, and Manuscript Preparation. By comparing a project participant’s contribution in a given phase to several specified thresholds, a score of up to five points can be assigned; the contributor’s scores (...) in all four phases are summed to yield a total “contribution score”, which is compared to a threshold to determine which contributors merit authorship. This tool may be useful in a variety of contexts in which a systematic approach to authorial credit is desired. (shrink)

Followers of Wittgenstein allegedly once held that a meaningful claim to know that p could only be made if there was some doubt about the truth of p. The correct response to this thesis involved appealing to the distinction between the semantic content of a sentence and features attaching to its use. It is inappropriate to assert a knowledge-claim unless someone in the audience has doubt about what the speaker claims to know. But this fact has nothing to do with (...) the semantic content of knowledgeascriptions; it is entirely explicable by appeal to pragmatic facts about felicitous assertion. (shrink)

Many now countenance the idea that certain groups can have beliefs, or at least belief-like states. If groups can have beliefs like these, the question of whether such beliefs are justified immediately arises. Recently, Goldman Essays in collective epistemology, Oxford University Press, Oxford, 2014) has considered what a reliability-based account of justified group belief might look like. In this paper I consider his account and find it wanting, and so propose a modified reliability-based account of justified group belief. Lackey :341–396, (...) 2016) has also criticized Goldman’s proposal, but for very different reasons than I do. Some of her objections, however, can be lodged against the modified account that I propose here. I also respond to these objections. Finally, I note how some formal and experimental work is relevant to those who are attracted to the kind of reliability-based account of justified group belief I develop here. (shrink)

It has been proposed that inferring personal authorship for an event gives rise to intentional binding, a perceptual illusion in which one’s action and inferred effect seem closer in time than they otherwise would . Using a novel, naturalistic paradigm, we conducted two experiments to test this hypothesis and examine the relationship between binding and self-reported authorship. In both experiments, an important authorship indicator – consistency between one’s action and a subsequent event – was manipulated, and its effects on binding (...) and self-reported authorship were measured. Results showed that action-event consistency enhanced both binding and self-reported authorship, supporting the hypothesis that binding arises from an inference of authorship. At the same time, evidence for a dissociation emerged, with consistency having a more robust effect on self-reports than on binding. Taken together, these results suggest that binding and self-reports reveal different aspects of the sense of authorship. (shrink)

There are two main ways in which things with minds, like us, differ from things without minds, like tables and chairs. First, we are conscious--there is something that it is like to be us. We instantiate phenomenal properties. Second, we represent, in various ways, our world as being certain ways. We instantiate representational properties. Jeff Speaks attempts to make progress on three questions: What are phenomenal properties? What are representational properties? How are the phenomenal and the representational related?

This brief paperback is designed for symbolic/formal logic courses. It features the tree method proof system developed by Jeffrey. The new edition contains many more examples and exercises and is reorganized for greater accessibility.

The generative entrenchment of an entity is a measure of how much of the generated structure or activity of a complex system depends upon the presence or activity of that entity. It is argued that entities with higher degrees of generative entrenchment are more conservative in evolutionary changes of such systems. A variety of models of complex structures incorporating the effects of generative entrenchment are presented and we demonstrate their relevance in analyzing and explaining a variety of developmental and evolutionary (...) phenomena, both on a macroscopic developmental and evolutionary scale, and using models and strategies pioneered by Kauffman, on the more microscopic scale appropriate to the analysis of the structure and behavior of gene control networks. The resulting picture suggests that generative entrenchment acts as a powerful and constructive developmental constraint on the course of evolutionary processes. Since virtually any system exhibits varying degrees of generative entrenchment among its parts and activities, these studies and results have in addition broad potential application for the analysis of generative structures in other areas. (shrink)

The view of business ethics that Christopher McMahon calls the “implicit morality of the market” and Joseph Heath calls the “market failures approach” has received a significant amount of recent attention. The idea of this view is that we can derive an ethics for market participants by thinking about the “point” of market activity, and asking what the world would have to be like for this point to be realized. While this view has been much-discussed, it is still not well-understood. (...) This paper seeks to remedy this problem. I begin by showing, against some recent commentators, that McMahon’s view and Heath’s view are fundamentally the same. Second, I clarify the sense of “efficiency” at work in the market failures approach. Finally, I argue that, in its current form, this view has little relevance to the real world of business. I conclude by sketching two ways of modifying it to fit our world. (shrink)

A number of important religious views entail that the ontological and epistemic relations between religion and morality are tighter than most secular thinkers suppose. We will focus on three theistic metaethical accounts of moral phenomena and moral knowledge: natural law theories, divine command theories, and divine will theories. These three types of accounts are among the most dominant in the philosophical literature on theistic ethics in contemporary anglophone philosophy, perhaps owing to their connection to major Western religions such as Christianity, (...) Islam, and Judaism. It is important to note, however, that they hardly exhaust the conceptual space. Intellectual traditions of other religions such as Hinduism, Buddhism, Sikhism, traditional Chinese religions, and African religions raise distinct philosophical questions about and offer a host of alternative views on the relationship between religion and morality (Jeffrey 2019). We close by offering a few such examples, though it is outside the scope of this chapter to provide a comprehensive survey of available views. (shrink)

For centuries it has been assumed that democracy must refer to the empowerment of the People's voice. In this pioneering book, Jeffrey Edward Green makes the case for considering the People as an ocular entity rather than a vocal one. Green argues that it is both possible and desirable to understand democracy in terms of what the People gets to see instead of the traditional focus on what it gets to say. The Eyes of the People examines democracy from (...) the perspective of everyday citizens in their everyday lives. While it is customary to understand the citizen as a decision-maker, in fact most citizens rarely engage in decision-making and do not even have clear views on most political issues. The ordinary citizen is not a decision-maker but a spectator who watches and listens to the select few empowered to decide. Grounded on this everyday phenomenon of spectatorship, The Eyes of the People constructs a democratic theory applicable to the way democracy is actually experienced by most people most of the time. In approaching democracy from the perspective of the People's eyes, Green rediscovers and rehabilitates a forgotten "plebiscitarian" alternative within the history of democratic thought. Building off the contributions of a wide range of thinkers--including Aristotle, Shakespeare, Benjamin Constant, Max Weber, Joseph Schumpeter, and many others--Green outlines a novel democratic paradigm centered on empowering the People's gaze through forcing politicians to appear in public under conditions they do not fully control. The Eyes of the People is at once a sweeping overview of the state of democratic theory and a call to rethink the meaning of democracy within the sociological and technological conditions of the twenty-first century. In addition to political scientists and students of democracy, the book likely will be of interest to political journalists, theorists of visual culture, and anyone in search of political principles that acknowledge, rather than repress, the pathologies of political life in contemporary mass society. (shrink)

What is it to "value" something, in the semi-technical sense of the term that Gary Watson establishes? I argue that valuing something consists in caring about it. Caring involves not only emotional dispositions of the sort that Agnieszka Jaworska has elaborated, but also a distinctive cognitive disposition – namely, a (defeasible) disposition to believe the object cared about to be a source of agent-relative reasons for action and for emotion. Understood in this way, an agent's carings have a stronger claim (...) to "speak for" her as her values than do other attitudes that have been proposed for this role. In particular, an agent's carings establish more robust psychological continuities and cross-temporal connections than do self-governing policies of the sort that Michael Bratman has described; and they forge diachronic coherence not just in her deliberation and action, as self-governing policies do, but also in her cognitive and emotional life. An agent's carings thus help to constitute her identity as a temporally persisting subject . Self-governing policies are at best ersatz -values, which an agent may choose to adopt when she finds that her proper values – her cares – leave her course underdetermined. (shrink)

Over the last two decades, scientific accounts of religion have received a great deal of scholarly and popular attention both because of their intrinsic interest and because they are widely as constituting a threat to the religion they analyse. The Believing Primate aims to describe and discuss these scientific accounts as well as to assess their implications. The volume begins with essays by leading scientists in the field, describing these accounts and discussing evidence in their favour. Philosophical and theological reflections (...) on these accounts follow, offered by leading philosophers, theologians, and scientists. This diverse group of scholars address some fascinating underlying questions: Do scientific accounts of religion undermine the justification of religious belief? Do such accounts show religion to be an accidental by-product of our evolutionary development? And, whilst we seem naturally disposed toward religion, would we fare better or worse without it? Bringing together dissenting perspectives, this provocative collection will serve to freshly illuminate ongoing debate on these perennial questions. (shrink)

Obsessive-compulsive disorder is a commonly occurring neuropsychiatric condition characterized by bothersome intrusive thoughts and urges that frequently lead to repetitive dysfunctional behaviours such as excessive handwashing. There are well-documented alterations in cerebral function which appear to be closely related to the manifestation of these symptoms. Controlled studies of cognitive-behavioural therapy techniques utilizing the active refocusing of attention away from the intrusive phenomena of OCD and onto adaptive alternative activities have demonstrated both significant improvements in clinical symptoms and systematic changes in (...) the pathological brain circuitry associated with them. Careful investigation of the relationships between the experiential and putative neurophysiological processes involved in these changes can offer useful insights into volitional aspects of cerebral function. (shrink)

Neuropsychological research on the neural basis of behaviour generally posits that brain mechanisms will ultimately suffice to explain all psychologically described phenomena. This assumption stems from the idea that the brain is made up entirely of material particles and fields, and that all causal mechanisms relevant to neuroscience can therefore be formulated solely in terms of properties of these elements. Thus, terms having intrinsic mentalistic and/or experiential content (e.g. ‘feeling’, ‘knowing’ and ‘effort’) are not included as primary causal factors. This (...) theoretical restriction is motivated primarily by ideas about the natural world that have been known to be fundamentally incorrect for more than three-quarters of a century. Contemporary basic physical theory differs profoundly from classic physics on the important matter of how the consciousness of human agents enters into the structure of empirical phenomena. The new principles contradict the older idea that local mechanical processes alone can account for the structure of all observed empirical data. Contemporary physical theory brings directly and irreducibly into the overall causal structure certain psychologically described choices made by human agents about how they will act. This key development in basic physical theory is applicable to neuroscience, and it provides neuroscientists and psychologists with an alternative conceptual framework for describing neural processes. Indeed, owing to certain structural features of ion channels critical to synaptic function, contemporary physical theory must in principle be used when analysing human brain dynamics. The new framework, unlike its classic-physics-based predecessor, is erected directly upon, and is compatible with, the prevailing principles of physics. It is able to represent more adequately than classic concepts the neuroplastic mechanisms relevant to the growing number of empirical studies of the capacity of directed attention and mental effort to systematically alter brain function.. (shrink)

Current teleology in Western biology, philosophy, and theology draws on resources from four main Western philosophers. (1) Plato’s ’Timaeus’, (2) Aristotle’s ’Physics’, (3) Kant’s ’Critique of Judgment’, (4) Hegel’s ’Philosophy of Nature’. Teleological themes persist, in different ways, in contemporary discussions; I consider two lines of criticism of traditional teleology -- by Richard Dawkins and Stephen Jay Gould -- and one line that continues traditional teleology in an updated way -- by Holmes Rolston, III. (edited).

A longstanding question at the intersection of science, philosophy, and theology is how God might act, or not, when governing the universe. Many believe that determinism would prevent God from acting at all, since to do so would require violating the laws of nature. However, when a robust view of these laws is coupled with the kind of determinism now used in dynamics, a new model of divine action emerges. This book presents a new approach to divine action beyond the (...) current focus on quantum mechanics and esoteric gaps in the causal order. It bases this approach on two general points. First, that there are laws of nature is not merely a metaphor. Second, laws and physical determinism are now understood in mathematically precise ways that have important implications for metaphysics. The explication of these two claims shows not only that nonviolationist divine action is possible, but there is considerably more freedom available for God to act than current models allow. By bringing a philosophical perspective to an issue often dominated by theologians and scientists, this text redresses an imbalance in the discussion around divine action. It will, therefore, be of keen interest to scholars of Philosophy and Religion, the Philosophy of Science, and Theology. (shrink)

Abstract:The central problems of political philosophy (e.g., legitimate authority, distributive justice) mirror the central problems of business ethics. The question naturally arises: should political theories be applied to problems in business ethics? If a version of egalitarianism is the correct theory of justice for states, for example, does it follow that it is the correct theory of justice for businesses? If states should be democratically governed by their citizens, should businesses be democratically managed by their employees? Most theorists who have (...) considered these questions, including John Rawls inPolitical Liberalism, and Robert Phillips and Joshua Margolis in a 1999 article, have said “no.” They claim that states and businesses are different kinds of entities, and hence require different theories of justice. I challenge this claim. While businesses differ from states, the difference is one of degree, not one of kind. Business ethics has much to learn from political philosophy. (shrink)

Consider: -/- The Evidence Question: When, and under what conditions does an agent have proposition E as evidence (at t)? -/- Timothy Williamson's (2000) answer to this question is the well-known E = K thesis: -/- E = K: E is a member of S's evidence set at t iff S knows E at t. -/- I will argue that this answer is inconsistent with the version of Bayesianism that Williamson advocates. This is because E = K allows an agent (...) to garner evidence via inductive inference whereas standard Bayesian views disallow such a thing. Since Williamson's version of Bayesianism shares the key features with the standard Bayesian view, there is an inconsistency. (shrink)