This article offers a comparative study of the approaches of Dworkin and Aristotle to money and the market. For Dworkin the importance of this subject lies in the use he makes of the device of a hypothetical auction to provide the basis of a conception of equality of resources, compatible with liberty, and sustained by his view of ethical individualism. The technical adequacy of Dworkin's auction is considered with the assistance of an insight taken from Aristotle's comments on money, which (...) brings to light the secondary conceptual status of money. Dworkin's attempts to produce a metric of equality of resources are found wanting. It is suggested that Aristotle's insight has repercussions for Dworkin's broader project, as well as implication for any attempt to use the market to provide a sense of value in human affairs. (shrink)

This article examines the anxiety expressed by von Wright over the status of the deontic permission, P, as an independent normative category, given the interdefinability between P and O at the foundation of deontic logic. Two concerns are noted: the reducibility of P to O, and the inadequacy of P to convey a full permission in a social setting. Drawing on resources from the Hohfeldian analytical framework, the relational and aggregate features of permission are explored, and an aggregate conception of (...) permission, P, is recognized. With the assistance of insights from Demey and Smessaert on duals, Hansson on formalization, and Soames on interdefinability, it is concluded that the interdefinability thesis can be defended without threatening the independent status of P. Additional grounds for reaching this conclusion are provided from a detailed analysis of the relationship between P and P. Some implications of the more expansive notion of permission, P, are considered with regard to the resources of deontic logic and their application. (shrink)

Philosophy for International Lawyers: A review of Samantha Besson and John Tasioulas, The Philosophy of International Law by Patrick Capps.

This essay explores the detailed argument of the Coase Theorem, as found in Ronald Coase’s “The Problem of Social Cost” and subsequently defended by Coase in The Firm, the Market, and the Law. Fascination with the Coase Theorem arises over its apparently unassailable counterintuitive conclusion that the imposition of legal liability has no effect on which of two competing uses of land prevails, and also over the general difficulty in tying down an unqualified statement of the theorem. Instead of entering (...) the debate over what exactly the theorem holds, this article suggests that the core of Coase’s reasoning is flawed and to the extent that any version of the theorem relies upon this reasoning it can be disproved. It is further suggested that a version of the theorem which avoided the need for Coase’s core argument by focusing on “the efficiency thesis” at the expense of “the invariance thesis” would be insufficiently significant to merit the status of a theorem; and that, in any event, Coase’s reasoning does not sustain an efficient outcome. The heart of the essay comprises the allegation of an error made by Coase when he transferred his core argument to the context of economic rents. The essay commences by considering and modelling the nature of the counter-intuitive thrust to the Coase Theorem, which is used to trace the development of Coase’s reasoning, and ultimately to expose the flaw it contains. Ancillary observations are made on the relationship between the Coasean analysis of characteristically legal problems and the conditions of general market equilibrium, and the theoretical status of law-and-economics. (shrink)

Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld’s analysis of rights. (...) This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author’s own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger’s theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights. (shrink)

When we seek a fuller understanding of individual liberty including its relational character, we confront a conundrum. The evident advantages of a single individual possessing liberty cannot be simply transferred to a greater number of beneficiaries. This conundrum is confronted with the resources of Hohfeld's analytical framework, developed specifically to elucidate the practical outworkings of interpersonal relations within the law. Attention is also paid to concerns expressed by von Wright over a representation of liberty (permission) within the resources of standard (...) deontic logic which fails to address its social aspect. The aggregate level of the Hohfeldian scheme is employed to represent a complete picture of liberty, but one that cannot guarantee benefits for a plurality of holders. The conclusion is reached that in order to extend the advantages of individual liberty to all, something other than liberty is required. (shrink)

This essay considers the growing interest in the methodology of jurisprudence in the context of a broader examination of the relationship between legal theory and the practice of law. Attention is drawn to the particular puzzles of how theory can both be independent of and yet inform practice, and how methodology can take a similar stance towards theory. Through a detailed analysis of the methodological positions adopted by Dworkin, Raz, and Coleman and Simchen, the conclusion is reached that methodology is (...) not a resource capable of offering an independent assessment of the merits of competing theories.Mainstream jurisprudential discussion is traced through the Hart-Dworkin debate to assumptions on the relationship between theory and practice initially adopted by Hart and sustained by subsequent contributors. The morbid condition of a prominent part of contemporary jurisprudence is identified with an unwarranted elevation of theory over practice. A more fruitful role for theory is suggested, in expounding the controversies met in the practice of law and considering the potential that exists for resolving them. It is suggested that this approach breaks down an artificial divide between descriptive and normative jurisprudence.A number of ancillary matters are discussed in the essay including: semantic approaches to legal theory, Dworkin’s semantic sting, the distinction between methodological and theoretical elements of Law’s Empire, Dickson on the ‘indirectly evaluative approach’, the position of Hart in his Postscript, and Raz’s split theory of legal reasoning and law. (shrink)

This article considers the role of conceptual analysis in jurisprudence. In responding to the earlier article of Brian Bix, Conceptual Questions and Jurisprudence , 1 Legal Theory 465 , it is agreed that the purpose of the theorist must be identified in order to evaluate the merits of the practice of conceptual analysis, but the approach taken here differs from that proposed by Bix. In particular, it is suggested that Bix is wrong to limit stipulation within conceptual analysis to a (...) default option, and Bix's suggestion that jurisprudential analysis lacks an empirical basis is challenged. The approach developed in this article relies on a clarification of the relationships among terms, concepts, and fields of enquiry. It explores the different relationships that can exist between concepts. Seven general principles of the practice of conceptual analysis are expounded, and the proper scope of an evaluative element within conceptual analysis is considered. A final section briefly examines some of the wider implications of the approach to conceptual analysis proposed in the article. (shrink)

This article engages with Alan White’s discussion of the relationship between rights and claims and the literature provoked by it, particularly the response of Neil MacCormick. A further challenge is brought against White’s position of maintaining that there is but one kind of right, and that a right to something does not imply (nor is implied by) a claim to that thing. The analysis offered here insists on acknowledging different meanings of claim and different strengths to claims. A core distinction (...) between claim as assertion and claim as justified requirement is advanced, together with an accompaying distinction between making a claim and holding a claim. It is then possible to identify four different claims relating to a particular right as follows. ClaimA: A claims he ought to have the right that B pay him £x ClaimB: A claims he has the right that B pay him £x Right : A has the right that B pay him £x ClaimC: A claims that B pay him £x ClaimD: A claims a remedy for B failing to pay him £x In the relationship between ClaimC and the Right an equivalence can be discerned, without reaching the conclusion that the respective ideas expressed by them are the same. More broadly, this study suggests the importance for any fruitful discussion of rights, of providing a framework within which the different meanings, perspectives, and associated ideas can be approached in an orderly fashion. (shrink)

This chapter contains sections titled: The Emerging Interest in Methodology Particular Arguments Particular Topics A Concluding Overview References.

This essay is a response to the important central theme of Michael Green's recent article, Dworkin's Fallacy, or What the Philosophy of Language Can't Teach Us about the Law, 89 Va. L. Rev. 1897 (2003), which considers the relationship between the philosophy of language and the philosophy of law. Green argues forcefully that a number of theorists with quite different viewpoints commonly maintain a connection between the two which turns out to be unfounded. It is accepted that it is wrong (...) to assume such a connection, but it is suggested that Green has failed to recognise the connection that can be established between the two disciplines due to the particular way in which law as a practice uses words. The reasons given by Green for seeking to maintain a distinction between ordinary language practice and the language practice of the law are considered and rejected in part I of the essay. The general conclusion is reached that, irrespective of which position is adopted in the philosophy of law, at the point of judgment the philosophy of law and the philosophy of language are inextricably linked in being concerned to account for the same practice. Part II of the essay considers the basic issues for the philosophy of language addressed in Green's article, which are concerned with the search for the mechanism which links a particular meaning to a word. One reading of Wittgenstein's rule skepticism, supported by Dennis Patterson, is to reject the existence of any mechanism interrupting the direct connection between the capacity we possess in our language practice and the capacity we possess in the practice to which our language refers. Patterson provides another target for Green's allegation that theorists who take a position in the philosophy of law from their position in the philosophy of language are committing a fallacy. However, it is pointed out that within the Patterson-Wittgenstein position, there is no possibility of moving from one position to the other since both positions are already necessarily connected. The remaining discussion in Part II then explores the apparently common connection between law and language established within the practice of judgment and within the general view of the nature of language favoured in Patterson's reading of Wittgenstein. It is argued that Wittgenstein's philosophical method may maintain a connection between law and language, and the positions adopted within their respective philosophies, but is incapable of resolving the controversy between competing views of how law/"law" should be understood. By contrast, the practice of judgment is used precisely to resolve controversy. Although this judgment is concerned primarily with a specific part of the law, its significance extends to how we regard the philosophical endeavours that need to provide an account of it. This provides lessons for both the philosophy of language and the philosophy of law. (shrink)

Volume 13, Issue 4, December 2022, Page 626-635.

This article considers a recent attempt by Alon Harel ((1997) 17 OJLS 101) to shed light on the nature of rights by examining the way derivative rights are recognized as instances of more fundamental rights. It criticizes the way Harel seeks to make a distinction between intrinsic and extrinsic reasons for rights, and so to establish a distinctive operation of practical reasoning for rights. The rationales linked to particular rights, and stated more generally within competing rights theories, are considered; as (...) well as the significance of finding rights expressed in a generalized form, and the link between moral and legal rights.Whilst endorsing Harel's observation that an investigation of the basis for derivative rights will illuminate our understanding of rights, the conclusion is reached that the justification for rights has to be found in wider factors than found in their rationale, which of itself is incapable of providing a distinctive operation of practical reasoning. (shrink)

This article engages with Jaffey's recent contribution on the nature of no-prior-duty remedial obligations. Jaffey's use of a right-liability relation and his challenge to Hohfeld's analytical scheme are rejected as unsound. An alternative model distinguishing three pathways to account for remedial obligations and other legal consequences is proposed. This draws on the Hohfeldian scheme but extends it to permit the full expression of reflexive liabilities, mutually correlative liabilities, and the operation of nonhuman conditions. The proposed approach also recognizes a weaker (...) form of a Hohfeldian power, which is required in considering the way that the law deals with the allocation and realization of risk. (shrink)

Allan Hutchinson’s recent book, The Province of Jurisprudence Democratized, considers what is involved in seeking to establish the province of jurisprudence as a distinctive field of inquiry.Hutchinson’s principal concern with the democratization of law, legal theory, and the province of jurisprudence is examined in detail. The process of democratization and its anti-elitist character is traced through Hutchinson’s opposition to the aloof philosophical analysis of the universal in favour of an engagement with local and particular issues. However, the weight Hutchinson places (...) on his conception of strong democracy, so as to provide a different understanding of the law-power nexus and of the relationship between law and morality operating in strong democracies, is shown to be misplaced. Two related failings are pointed out.First, there is a failure to recognize competing groupings within the people, which contradict the uniform collective body Hutchinson associates with those formerly governed by elites and then constituting those liberated to exercise self-governance. Secondly, this links into Hutchinson’s exclusive preoccupation with the participatory axis of democracy – which he regards as the core feature of strong democracy as well as the basis for the law-power nexus and the law-morality relationship within a strong democracy. This is revealed as an inadequate and impoverished understanding of democracy once the presence of competing groupings within the people is acknowledged. These corrections have important consequences for a role for law that cannot be reduced solely to politics, and for a broader sweep to analytical jurisprudence than Hutchinson allows.Hutchinson’s own efforts to capture the province of jurisprudence are then assessed. These are recharacterized as seeking to establish within a split field of inquiry a theory of strong democratic law, but, in the absence of a convincing account of the nature of democracy and its relationship with law, the project is judged to be unfulfilled. (shrink)

The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: how precisely is it to be undertaken? Is it called for by developments in (...) legal practice or are these adequately addressed by current legal theory? What normative challenges are raised, and what fresh promises might the pluralist turn hold? What distinctive insights can it offer for theorising about law? This book presents a rich variety of resources drawn from a number of theoretical approaches and demonstrates how they might be brought together to generate an increasingly important pluralist jurisprudence. (shrink)

The first edition was awarded the '2005 Textbook Award of the Association of University Professors of Management (Verband der Hochschullehrer fur ...

How should politicians act? When should they try to lead public opinion and when should they follow it? Should politicians see themselves as experts, whose opinions have greater authority than other people's, or as participants in a common dialogue with ordinary citizens? When do virtues like toleration and willingness to compromise deteriorate into moral weakness? In this innovative work, Andrew Sabl answers these questions by exploring what a democratic polity needs from its leaders. He concludes that there are systematic, (...) principled reasons for the holders of divergent political offices or roles to act differently. Sabl argues that the morally committed civil rights activist, the elected representative pursuing legislative results, and the grassroots organizer determined to empower ordinary citizens all have crucial democratic functions. But they are different functions, calling for different practices and different qualities of political character. To make this case, he draws on political theory, moral philosophy, leadership studies, and biographical examples ranging from Everett Dirksen to Ella Baker, Frances Willard to Stokely Carmichael, Martin Luther King Jr. to Joe McCarthy. Ruling Passions asks democratic theorists to pay more attention to the "governing pluralism" that characterizes a diverse, complex democracy. It challenges moral philosophy to adapt its prescriptions to the real requirements of democratic life, to pay more attention to the virtues of political compromise and the varieties of human character. And it calls on all democratic citizens to appreciate "democratic constancy": the limited yet serious standard of ethical character to which imperfect democratic citizens may rightly hold their leaders--and themselves. (shrink)

We all face death, but how many of us are actually ready for it? Whether our own death or that of a loved one comes first, how prepared are we, spiritually or practically? In Preparing to Die, Andrew Holecek presents a wide array of resources to help the reader address this unfinished business. Part One shows how to prepare one's mind and how to help others, before, during, and after death. The author explains how spiritual preparation for death can (...) completely transform our relationship to the end of life, dissolving our fear and helping us to feel open and receptive to letting go in the dying process. Daily meditation practices, the stages of dying and how to work with them, and after-death experiences are all detailed in ways that will be particularly helpful for those with an interest in Tibetan Buddhism and in Tibetan approaches to conscious dying. Part Two addresses the practical issues that surround death. Experts in grief, hospice, the funeral business, and the medical and legal issues of death contribute chapters to prepare the reader for every practical concern, including advance directives, green funerals, the signs of death, warnings about the funeral industry, the stages of grief, and practical care for the dying. Part Three contains heart-advice from twenty of the best-known Tibetan Buddhist masters now teaching in the West. These brief interviews provide words of solace and wisdom to guide the dying and their caregivers during this challenging time. Preparing to Die is for anyone interested in learning how to prepare for death from a Buddhist perspective, both spiritually and practically. It is also for those who want to learn how to help someone else who is dying, both during the time of illness and death as well as after death. (shrink)

A satisfactory theory of linguistic communication must explain how it is that, through the interpersonal exchange of auditory, visual, and tactile stimuli, the communicative preconditions for the acquisition of testimonial knowledge regularly come to be satisfied. Without an account of knowledge-yielding communication this success condition for linguistic theorizing is left opaque, and we are left with an incomplete understanding of testimony, and communication more generally, as a source of knowledge. This paper argues that knowledge-yielding communication should be modelled on knowledge (...) itself. It is argued that knowledge-yielding communication occurs iff interlocutors coordinate on truth values in a non-lucky and non-deviant way. This account is able to do significant explanatory work: it sheds light on the nature of referential communication, and it allows us to capture, in an informative way, the sense in which interlocutors must entertain similar propositions in order to communicate successfully. (shrink)

In this paper I argue that the enkratic principle in its classic formulation may not be a requirement of rationality. The investigation of whether it is leads to some important methodological insights into the study of rationality. I also consider the possibility that we should consider rational requirements as a subset of a broader category of agential requirements.

This paper argues that the dominance of linear models has led many sociologists to construe the social world in terms of a "general linear reality." This reality assumes (1) that the social world consists of fixed entities with variable attributes, (2) that cause cannot flow from "small" to "large" attributes/events, (3) that causal attributes have only one causal pattern at once, (4) that the sequence of events does not influence their outcome, (5) that the "careers" of entities are largely independent, (...) and (6) that causal attributes are generally independent of each other. The paper discusses examples of these assumptions in empirical work, consider standard and new methods addressing them, and briefly explores alternative models for reality that employ demographic, sequential, and network perspectives. (shrink)

A Physicalist Manifesto is a full treatment of the comprehensive physicalist view that, in some important sense, everything is physical. Andrew Melnyk argues that the view is best formulated by appeal to a carefully worked-out notion of realization, rather than supervenience; that, so formulated, physicalism must be importantly reductionist; that it need not repudiate causal and explanatory claims framed in non-physical language; and that it has the a posteriori epistemic status of a broad-scope scientific hypothesis. Two concluding chapters argue (...) in detail that contemporary science provides no significant empirical evidence against physicalism and some considerable evidence for it. Written in a brisk, candid and exceptionally clear style, this 2003 book should appeal to professionals and students in philosophy of mind, metaphysics and philosophy of science. (shrink)

This introduction to mathematical logic starts with propositional calculus and first-order logic. Topics covered include syntax, semantics, soundness, completeness, independence, normal forms, vertical paths through negation normal formulas, compactness, Smullyan's Unifying Principle, natural deduction, cut-elimination, semantic tableaux, Skolemization, Herbrand's Theorem, unification, duality, interpolation, and definability. The last three chapters of the book provide an introduction to type theory (higher-order logic). It is shown how various mathematical concepts can be formalized in this very expressive formal language. This expressive notation facilitates proofs (...) of the classical incompleteness and undecidability theorems which are very elegant and easy to understand. The discussion of semantics makes clear the important distinction between standard and nonstandard models which is so important in understanding puzzling phenomena such as the incompleteness theorems and Skolem's Paradox about countable models of set theory. Some of the numerous exercises require giving formal proofs. A computer program called ETPS which is available from the web facilitates doing and checking such exercises. Audience: This volume will be of interest to mathematicians, computer scientists, and philosophers in universities, as well as to computer scientists in industry who wish to use higher-order logic for hardware and software specification and verification. (shrink)

Kant holds that in order to have knowledge of an object, a subject must be able to “prove” that the object is really possible—i.e., prove that there is neither logical inconsistency nor “real repugnance” between its properties. This is (usually) easy to do with respect to empirical objects, but (usually) impossible to do with respect to particular things-in-themselves. In the first section of the paper I argue that an important predecessor of Kant’s account of our ignorance of real possibility can (...) be found in Locke’s Essay Concerning Human Understanding. In the middle sections I discuss the way in which our inability to prove the real possibility of things-in-themselves motivates Kant’s famous prohibition on certain kinds of knowledge-claims about them. In the final section I examine Hegel’s attempts to dissolve this problem of real repugnance and thereby remove an inherited obstacle to speculative knowledge of the supersensible. -/- . (shrink)

Empirical work has lately confirmed what many philosophers have taken to be true: people are ‘biased toward the future’. All else being equal, we usually prefer to have positive experiences in the future, and negative experiences in the past. According to one hypothesis, the temporal metaphysics hypothesis, future-bias is explained either by our beliefs about temporal metaphysics—the temporal belief hypothesis—or alternatively by our temporal phenomenology—the temporal phenomenology hypothesis. We empirically investigate a particular version of the temporal belief hypothesis according to (...) which future-bias is explained by the belief that time robustly passes. Our results do not match the apparent predictions of this hypothesis, and so provide evidence against it. But we also find that people give more future-biased responses when asked to simulate a belief in robust passage. We take this to suggest that the phenomenology that attends simulation of that belief may be partially responsible for future-bias, and we examine the implications of these results for debates about the rationality of future-bias. (shrink)

Empirical evidence suggests that a majority of people believe that time robustly passes, and that many also report that it seems to them, in experience, as though time robustly passes. Non-dynamists deny that time robustly passes, and many contemporary non-dynamists—deflationists—even deny that it seems to us as though time robustly passes. Non-dynamists, then, face the dual challenge of explaining why people have such beliefs and make such reports about their experiences. Several philosophers have suggested the stable-self explanation, according to which (...) what partly explains one or both of the explananda is that people believe themselves to have a stable persisting self which is imagined either as moving through time, or as being stationary, with time moving around it. This paper empirically investigates this explanation. We found, however, no evidential support for the stable-self explanation, leaving the non-dynamist but also, we will argue, the dynamist, with an extant explanatory challenge. (shrink)

The advent of the Web is one of the defining technological events of the twentieth century, yet its impact on the fundamental questions of philosophy has not yet been explored, much less systematized. The Web, as today implemented on the foundations of the Internet, is broadly construed as the space of all items of interest identified by URIs. Originally a space of linked hypertext documents, today the Web is rapidly evolving as a universal platform for data and computation. Even swifter (...) is the Web‐driven transformation of many previously unquestioned philosophical concepts of privacy, belief, intelligence, cognition, and even embodiment in surprising ways. The ensuing essays in this collection hope to explore the philosophical foundation of the World Wide Web and open the debate on whether or not the changes caused by the Web to technology and society warrant the creation of a philosophy of the Web. (shrink)

This is a discussion of the state of discussion on pragmatic reasons for belief.

This book expounds the transcendental realist theory of science and critical naturalist social philosophy that have been developed by Bhaskar and are used by many contemporary social scientists. It defends Bhaskar's view that the possibility and necessity of experiment show that reality is structured and stratified, his use of this idea to develop a non-reductive explanatory account of human sciences, and his notion that to explain social structures can sometimes be to criticize them. After a discussion of the uses of (...) critical realism in controversial areas of social science, Bhaskar's optimism about the prospects of human sciences is criticized. (shrink)

Modern technology is more than a neutral tool: it is the framework of our civilization and shapes our way of life. Social critics claim that we must choose between this way of life and human values. Critical Theory of Technology challenges that pessimistic cliche. This pathbreaking book argues that the roots of the degradation of labor, education, and the environment lie not in technology per se but in the cultural values embodied in its design. Rejecting such popular solutions as economic (...) simplicity or spiritual renewal, Feenberg presents a compelling argument for broader democratic participation in technological choices. This book will be of special interest to scholars and students of philosophy, sociology, contemporary Marxism, and Critical Theory. (shrink)

This is the first book-length treatment of the relationship between citizenship and the environment. Andrew Dobson argues that ecological citizenship cannot be fully articulated in terms of the two great traditions of citizenship - liberal and civic republican - with which we have been bequeathed. He develops an original theory of citizenship, which he calls 'post-cosmopolitan', and argues that ecological citizenship is an example and an inflection of it. Ecological citizenship focuses on duties as well as rights, and these (...) duties are owed non-reciprocally, by those individuals and communities who occupy unsustainable amounts of ecological space, to those who occupy too little. (shrink)

Vagueness is the study of concepts that admit borderline cases. The epistemology of vagueness concerns attitudes we should have towards propositions we know to be borderline. On this basis Andrew Bacon develops a new theory of vagueness in which vagueness is fundamentally a property of propositions, explicated in terms of its role in thought.

This paper argues that underlying social biases are able to affect the processes underlying linguistic interpretation. The result is a series of harms systematically inflicted on marginalised speakers. It is also argued that the role of biases and stereotypes in interpretation complicates Miranda Fricker's proposed solution to epistemic injustice.