Legal texts are often given interpretations that deviate from their literal meanings. While legal concerns often motivate these interpretations, others can be traced to linguistic phenomena. This paper argues that systematicities of language usage, captured by certain theories of conversational implicature, can sometimes explain why the meanings given to legal texts by judges differ from the literal meanings of the texts. Paul Grice's account of conversational implicature is controversial, and scholars have offered a variety of ways to conceptualize implicatures and (...) Grice's maxims of conversation. Approaches that emphasize the systematic nature of implicatures can provide explanatory accounts of the gap between literal meaning and the meaning communicated in the text. For example, a theory of scalar implicature, a type of generalized conversational implicature, can account for the application of the interpretive principle known as ejusdem generis, which narrows the scope of “catch-all” clauses located at the end of lists of items. Despite the availability of such theories, some scholars have argued that conversational implicatures are not applicable to legislation. The arguments, based primarily on the uniqueness of the legislative context and its noncooperative nature, though, do not establish the inapplicability of conversational implicatures to legislation. (shrink)

Perhaps the most fundamental principle of legal interpretation is the presumption that terms should be given their “ordinary” (i.e., general, non-technical) meanings. This principle is a central tenet of modern textualism. Textualists believe a universal presumption of ordinary meaning follows from their theory’s core commitment: A law should be interpreted consistently with what its text communicates to the ordinary public. This Article begins from this textualist premise, empirically examining what legal texts communicate to the public. Five original empirical studies (N (...) = 4,365) reveal a surprising finding: Ordinary people consider genre carefully and regularly take terms in law to communicate technical legal meanings, not ordinary ones. -/- This discovery carries implications for legal interpretation’s theory and practice. Modern textualists—especially at the Supreme Court—justify their theory through “democratic,” fair notice, and rule-of-law appeals to ordinary people. But the empirical studies reveal that fidelity to ordinary people does not imply an unwavering commitment to ordinary meaning. Instead, it requires interpreters to also look to technical meanings. On a practical level, the results support a new presumption of legal meaning and ground a new challenge to textualism’s claim to promote fair notice. As a case study, we consider Bostock v. Clayton County, Georgia, which held that both sexual orientation and gender identity discrimination are prohibited forms of sex discrimination. The Article’s empirics and theory offer a new justification of the Court’s landmark decision. (shrink)

"Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless--we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text (...) determined? Should the communicative meaning of texts be decisive, or at least influential?... [Contributors] argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly... analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts."--. (shrink)

Today’s textualist Supreme Court draws a bright line between essential “linguistic” interpretive canons and suspect “substantive” canons. This Article’s thesis is that the venerable linguistic/substantive dichotomy is false. We present the first empirical study of whether ordinary people (N = 1,520) understand rules in line with some of law’s substantive canons. The study supports that some substantive canons represent valid linguistic generalizations about how ordinary people understand rules’ meaning. For example, the presumption against retroactivity is usually justified by values like (...) fairness, but it also best reflects ordinary readers’ default understanding of rules’ meanings. -/- In an age of textualism, this argument has direct practical implications. Interpreters committed to the ordinary reader should reconsider whether rules that have been traditionally described as “substantive canons” might also be linguistic ones. The article’s analysis also puts pressure on textualists to better justify their recent embrace of purely substantive canons, like the new “major questions” canon. Most broadly, the Article makes progress on a longstanding philosophical debate about facts and values in interpretation. Beyond the exclusively linguistic canons and the exclusively substantive canons, there is an important but overlooked category: The linguistic and substantive canons. (shrink)

How should judges decide which linguistic canons to apply in interpreting statutes? One important answer looks to the inside of the legislative process: Follow the rules that lawmakers contemplate. A different answer, based on the “ordinary meaning” doctrine, looks to the outside: Follow the rules that would guide an ordinary person’s understanding of the legal text. Empirical scholars have studied statutory interpretation from the inside—revealing what rules drafters follow—but never from the outside. We offer a novel framework for empirically testing (...) interpretive canons “from the outside,” recruiting 4,500 people from the United States, as well as a sample of U.S. law students, to evaluate hypothetical scenarios that correspond to each canon’s triggering conditions. -/- The empirical findings provide crucial evidence about which traditional canons “ordinary meaning” actually supports, and they carry several further implications. First, interpretive canons are not a closed set. We discovered new canons that are not yet reflected as legal canons, including one we term the “non-binary gender canon” and another the “quantifier domain restriction canon.” Second, the results support a new understanding of the ordinary meaning doctrine itself, as one focused on the ordinary interpretation of rules, as opposed to the traditional focus on “ordinary language” generally. Third, many of the canons reflect that ordinary people interpret rules with an intuitive anti-literalism. This anti-literalism finding challenges textualist assumptions about ordinary meaning, as well as offering a theme for researching other currently unrecognized canons. Most broadly, we hope the Essay initiates a new research program in empirical legal interpretation. If ordinary meaning is relevant to legal interpretation, interpreters should look to evidence of how ordinary people actually understand legal rules. We see our experiments as a first step in that new direction. (shrink)

Textualism is now the Court’s lingua franca. In response, some have proposed a “progressive textualism,” defined by the use of traditional textualist methods to reach politically progressive results. This Article explores a different kind of “progressive textualism.” Rather than starting with the desired policy outcome—politically progressive or conservative—we begin from one of modern textualism’s central values: A commitment to “democratic” interpretation. As Justice Barrett argues, this commitment views textualists as “agents of the people” who “approach language from the perspective of (...) an ordinary English speaker.” Textualists thereby claim to promote democracy by interpreting law consistently with what it communicates to the ordinary public. However, recent empirical studies reveal discrepancies between textualist interpretive commitments and how ordinary people understand legal texts. These discrepancies undermine claims that textualists’ methodology is committed to democratic interpretation. -/- A textualism centered on democratic interpretation would be methodologically more progressive if it centered facts rather than fictions about how ordinary people interpret language. It would recognize that people understand legal language in light of linguistic “(co)text” and “(con)text,” and sometimes nonliterally; they often understand ambiguous terms in law to have legal, not ordinary, meanings; and their understanding of law is informed by its apparent purpose and sometimes by interpretive rules that are conventionally justified on normative grounds. In contrast, current textualism is often methodologically regressive, crafting a fictional “ordinary person” more closely connected to ideological policy goals than facts about ordinary language comprehension. (shrink)

“Love hurts”—as the saying goes—and a certain amount of pain and difficulty in intimate relationships is unavoidable. Sometimes it may even be beneficial, since adversity can lead to personal growth, self-discovery, and a range of other components of a life well-lived. But other times, love can be downright dangerous. It may bind a spouse to her domestic abuser, draw an unscrupulous adult toward sexual involvement with a child, put someone under the insidious spell of a cult leader, and even inspire (...) jealousy-fueled homicide. How might these perilous devotions be diminished? The ancients thought that treatments such as phlebotomy, exercise, or bloodletting could “cure” an individual of love. But modern neuroscience and emerging developments in psychopharmacology open up a range of possible interventions that might actually work. These developments raise profound moral questions about the potential uses—and misuses—of such anti-love biotechnology. In this article, we describe a number of prospective love-diminishing interventions, and offer a preliminary ethical framework for dealing with them responsibly should they arise. (shrink)

We live in a world of crowds and corporations, artworks and artifacts, legislatures and languages, money and markets. These are all social objects — they are made, at least in part, by people and by communities. But what exactly are these things? How are they made, and what is the role of people in making them? In The Ant Trap, Brian Epstein rewrites our understanding of the nature of the social world and the foundations of the social sciences. Epstein (...) explains and challenges the three prevailing traditions about how the social world is made. One tradition takes the social world to be built out of people, much as traffic is built out of cars. A second tradition also takes people to be the building blocks of the social world, but focuses on thoughts and attitudes we have toward one another. And a third tradition takes the social world to be a collective projection onto the physical world. Epstein shows that these share critical flaws. Most fundamentally, all three traditions overestimate the role of people in building the social world: they are overly anthropocentric. Epstein starts from scratch, bringing the resources of contemporary metaphysics to bear. In the place of traditional theories, he introduces a model based on a new distinction between the grounds and the anchors of social facts. Epstein illustrates the model with a study of the nature of law, and shows how to interpret the prevailing traditions about the social world. Then he turns to social groups, and to what it means for a group to take an action or have an intention. Contrary to the overwhelming consensus, these often depend on more than the actions and intentions of group members. (shrink)

When we say that what two people feel for each other is 'true love,' we seem to be doing more than simply clarifying that it is in fact love they feel, as opposed to something else. That is, an experience or relationship might be a genuine or actual instance of love without necessarily being an instance of true love. But what criteria do people use to determine whether something counts as true love? This chapter explores three hypotheses. The first holds (...) that the ordinary concept of true love picks out love that is highly prototypical. The second, that it picks out love that is especially good or valuable. The third, that people distinguish between psychological states that are 'real' or not, and that it picks out love that is real. Two experiments provide evidence against the first hypothesis and in favor of the second and third. Implications for real-life disagreements about love are also discussed. (shrink)

Almost every country today contains adherents of different religions and different secular conceptions of the good life. Is there any alternative to a power struggle among them, leading most probably to either civil war or repression? The argument of this book is that justice as impartiality offers a solution. According to the theory of justice as impartiality, principles of justice are those principles that provide a reasonable basis for the unforced assent of those subject to them. The object of this (...) book is to set the theory out, explain its rationale, and respond to a variety of criticism that have been made of it. As the second volume of his work-in-progress, A Treatise on Social Justice, this work lies at the heart of a thriving academic debate which the author has played a key role in shaping. (shrink)

Brian Leftow offers a theist theory of necessity and possibility, and a new sort of argument for God's existence. He argues that necessities of logic and mathematics are determined by God's nature, but that it is events in God's mind - his imagination and choice - that account for necessary truths about concrete creatures.

Value pluralists believe in multiple dimensions of value. What does betterness along a dimension have to do with being better overall? Any systematic answer begins with the Strong Pareto principle: one thing is overall better than another if it is better along one dimension and at least as good along all others. We defend Strong Pareto from recent counterexamples and use our discussion to develop a novel view of dimensions of value, one which puts Strong Pareto on firmer footing. We (...) conclude by defending Dimensionalism, the hypothesis that overall value relations are determined solely by how things compare along value dimensions. These are first steps towards a more systematic value pluralism. (shrink)

This introduction to legal theory provides a broad overview of the main topics and theories and covers the central issues. Written in a straightforward style, the author conveys academically challenging and often controversial ideas in a lucid manner.

Brian Hedden defends a radical view about the relationship between rationality, personal identity, and time. On the standard view, personal identity over time plays a central role in thinking about rationality, because there are rational norms for how a person's attitudes and actions at one time should fit with her attitudes and actions at other times. But these norms are problematic. They make what you rationally ought to believe or do depend on facts about your past that aren't part (...) of your current perspective on the world, and they make rationality depend on controversial, murky metaphysical facts about what binds different instantaneous snapshots into a single person extended in time. Hedden takes a different approach, treating the relationship between different time-slices of the same person as no different from the relationship between different people. On his account, the locus of rationality is the time-slice rather than the temporally extended agent. This impersonal, time-slice-centric approach to rationality yields a unified approach to the rationality of beliefs, preferences, and actions where what rationality demands of you is solely determined by your evidence, with no special weight given to your past beliefs or actions. (shrink)

I advocate Time-Slice Rationality, the thesis that the relationship between two time-slices of the same person is not importantly different, for purposes of rational evaluation, from the relationship between time-slices of distinct persons. The locus of rationality, so to speak, is the time-slice rather than the temporally extended agent. This claim is motivated by consideration of puzzle cases for personal identity over time and by a very moderate form of internalism about rationality. Time-Slice Rationality conflicts with two proposed principles of (...) rationality, Conditionalization and Reflection. Conditionalization is a diachronic norm saying how your current degrees of belief should fit with your old ones, while Reflection is a norm enjoining you to defer to the degrees of belief that you expect to have in the future. But they are independently problematic and should be replaced by improved, time-slice-centric principles. Conditionalization should be replaced by a synchronic norm saying what degrees of belief you ought to have given your current evidence and Reflection should be replaced by a norm which instructs you to defer to the degrees of belief of agents you take to be experts. These replacement principles do all the work that the old principles were supposed to do while avoiding their problems. In this way, Time-Slice Rationality puts the theory of rationality on firmer foundations and yields better norms than alternative, non-time-slice-centric approaches. (shrink)

A textbook on modal logic, intended for readers already acquainted with the elements of formal logic, containing nearly 500 exercises. Brian F. Chellas provides a systematic introduction to the principal ideas and results in contemporary treatments of modality, including theorems on completeness and decidability. Illustrative chapters focus on deontic logic and conditionality. Modality is a rapidly expanding branch of logic, and familiarity with the subject is now regarded as a necessary part of every philosopher's technical equipment. Chellas here offers (...) an up-to-date and reliable guide essential for the student. (shrink)

"Brian Orend's The Morality of War promises to become the single most comprehensive and important book on just war for this generation. It moves far beyond the review of the standard just war categories to deal comprehensively with the new challenges of the conflict with terrorism. It thoughtfully reviews every major military conflict of the past few decades, mining them for implications of the evolving tradition of just war thinking. It concludes with a critical engagement with the major alternatives (...) to just war thinking: pacifism and 'realism.' It is, in short, the most comprehensive and thoughtful assessment of all aspects of just war since Michael Walzer's classic Just and Unjust Wars." - Martin L. Cook, United States Air Force Academy. (shrink)

Authors have a lot of leeway with regard to what they can make true in their story. In general, if the author says that p is true in the fiction we’re reading, we believe that p is true in that fiction. And if we’re playing along with the fictional game, we imagine that, along with everything else in the story, p is true. But there are exceptions to these general principles. Many authors, most notably Kendall Walton and Tamar Szabó Gendler, (...) have discussed apparent counterexamples when p is “morally deviant”. Many other statements that are conceptually impossible also seem to be counterexamples. In this paper I do four things. I survey the range of counterexamples, or at least putative counterexamples, to the principles. Then I look to explanations of the counterexamples. I argue, following Gendler, that the explanation cannot simply be that morally deviant claims are impossible. I argue that the distinctive attitudes we have towards moral propositions cannot explain the counterexamples, since some of the examples don’t involve moral concepts. And I put forward a proposed explanation that turns on the role of ‘higher-level concepts’, concepts that if they are satisfied are satisfied in virtue of more fundamental facts about the world, in fiction, and in imagination. (shrink)

This volume provides a lucid and distinct introduction to multiculturalism and the philosophy of social science.

This review note surveys some important aspects of a recent publication by Amos Edelheit, A Philosopher at the Crossroads: Giovanni Pico della Mirandola’s Encounter with Scholastic Philosophy. While focus over the last decades has been placed on Pico’s thought in relation to Jewish Kabbalah and mysticism, Edelheit hopes to emphasize the importance of the scholastic tradition (or, rather, the pluriform and various tradition of late medieval and Renaissance scholasticism) in Pico’s thought, and the ways in which this intellectual context places (...) this unique Renaissance thinker at a sort of ‘crossroads’. Beyond providing a brief overview of the three main parts of the text, this note examines more closely Edelheit’s study of Pico’s 900 Theses and the methodological approach which involves a reconstruction of the dialectical context for each thesis. The Latin scholastics are real conversational partners for Pico: he is versed in the 13th-century scholastic sources, is certainly familiar with contemporaneous scholastic thought, and is able to employ scholastic methods and terminology within his wider philosophical project. While scholastic philosophy was very much alive at the end of the fifteenth century, Pico’s new and inclusive approach to philosophy and the history of philosophy, never eschewing the Latin masters, departs from both scholastic and humanist trends. (shrink)

A counterpossible is a counterfactual whose antecedent is impossible. The vacuity thesis says all counterpossibles are true solely because their antecedents are impossible. Recently, some have rejected the vacuity thesis by citing purported non-vacuous counterpossibles in science. One limitation of this work, however, is that it is not grounded in experimental data. Do scientists actually reason non-vacuously about counterpossibles? If so, what is their basis for doing so? We presented biologists (N = 86) with two counterfactual formulations of a well-known (...) model in biology, the antecedents of which contain what many philosophers would characterize as a metaphysical impossibility. Participants consistently judged one counterfactual to be true, the other to be false, and they explained that they formed these judgments based on what they perceived to be the mathematical relationship between the antecedent and consequent. Moreover, we found no relationship between participants’ judgments about the (im)possibility of the antecedent and whether they judged a counterfactual to be true or false. These are the first experimental results on counterpossibles in science with which we are familiar. We present a modal semantics that can capture these judgments, and we deal with a host of potential objections that a defender of the vacuity thesis might make. (shrink)

A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this (...) common understanding. (shrink)

There are three conventionally held views about the relationship between mankind and nature in the Roman villa: man is master over the natural landscape; villas were positioned at vantage points so that the downward gaze of a dominus reinforced his domination; gardens offered opportunities to bring order upon nature. This article argues to the contrary that Manilius Vopiscus’ villa in Statius’ Siluae 1.3 presents a harmonious relationship between key natural features, the villa architecture and the villa proprietor himself. Nature sometimes (...) takes precedence, while the villa complements and integrates with the environment. This allows us to appreciate the nuances in Statius’ overall presentation of the relationship between mankind and nature in Book 1 and in other poems in the Siluae. (shrink)

In the first full-length analysis of Wittgenstein's Remarks on Frazer's Golden Bough, Brian R. Clack presents a fresh and innovative interpretation of Wittgenstein's conception of religion. While previous commentators have tended to sideline the Remarks on Frazer, Clack shows how the key to Wittgenstein's thought on religion lies in these remarks on primitive magico-religious observances. This book shows that Wittgenstein neither embraces expressivism, as it is generally assumed, nor straightforwardly denies instrumentalism. Focusing instead on Wittgenstein's suggestion that magic is (...) somehow akin to metaphysics, a view of ritual as the spontaneous expression of human beings is presented. (shrink)

ABSTRACT Quine insisted that the satisfaction of an open modalised formula by an object depends on how that object is described. Kripke's ‘objectual’ interpretation of quantified modal logic, whereby variables are rigid, is commonly thought to avoid these Quinean worries. Yet there remain residual Quinean worries for epistemic modality. Theorists have recently been toying with assignment-shifting treatments of epistemic contexts. On such views an epistemic operator ends up binding all the variables in its scope. One might worry that this yields (...) the undesirable result that any attempt to ‘quantify in’ to an epistemic environment is blocked. If quantifying into the relevant constructions is vacuous, then such views would seem hopelessly misguided and empirically inadequate. But a famous alternative to Kripke's semantics, namely Lewis' counterpart semantics, also faces this worry since it also treats the boxes and diamonds as assignment-shifting devices. As I'll demonstrate, the mere fact that a variable is bound is no obstacle to binding it. This provides a helpful lesson for those modelling de re epistemic contexts with assignment sensitivity, and perhaps leads the way toward the proper treatment of binding in both metaphysical and epistemic contexts: Kripke for metaphysical modality, Lewis for epistemic modality. (shrink)

This chapter presents and critically discusses the main historical variants of the “ontological argument,” a form of a priori argument for the existence of God pioneered by Anselm of Canterbury. I assess the contributions of Anselm, Descartes, Leibniz, and Gödel, and criticisms by Gaunilo, Kant, and Oppy among others.

In this chapter, we introduce the notion of “moral neuroenhancement,” offering a novel definition as well as spelling out three conditions under which we expect that such neuroenhancement would be most likely to be permissible (or even desirable). Furthermore, we draw a distinction between first-order moral capacities, which we suggest are less promising targets for neurointervention, and second-order moral capacities, which we suggest are more promising. We conclude by discussing concerns that moral neuroenhancement might restrict freedom or otherwise “misfire,” and (...) argue that these concerns are not as damning as they may seem at first. (shrink)

Pecuniary externalities—costs imposed on third parties mediated through the price system—have typically received little philosophical attention. Recently, this has begun to change. In two separate papers, Richard Endörfer (Econ Philos 38, pp. 221–241, 2022) and Hayden Wilkinson (Philos Public Affairs 50: 202–238, 2022) place pecuniary externalities at center stage. Though their arguments differ significantly, both conclude pecuniary externalities are in some sense morally problematic. If the state is not called on to regulate pecuniary externalities, then, at the very least, individuals (...) should be conscious of how their productive and consumptive decisions affect others by changing prices. We disagree. Both arguments fail, in that neither gives us reason to think pecuniary externalities are cause for moral concern. Unless a new argument emerges, pecuniary externalities should be left alone. (shrink)

The study of the mind has always been one of the main preoccupations of philosophers, and has been a booming area of research in recent decades, with remarkable advances in psychology and neuroscience. Oxford University Press now presents the most authoritative and comprehensive guide ever published to the philosophy of mind. An outstanding international team of contributors offer 45 specially written critical surveys of a wide range of topics relating to the mind. The first two sections cover the place of (...) the mind in the natural world: its ontological status, how it fits into the causal fabric of the universe, and the nature of consciousness. The third section focuses on the much-debated subjects of content and intentionality. The fourth section examines a variety of mental capacities, including memory, imagination, and emotion. The fifth section looks at epistemic issues, in particular regarding knowledge of one's own and other minds. The volume concludes with a section on self, personhood, and agency. The Oxford Handbook of Philosophy of Mind will be an invaluable resource for advanced students and scholars of philosophy, and also for researchers in neighboring disciplines seeking a high-level survey of the state of the art in this flourishing field. (shrink)

The story of the beliefs and practices called 'magic' starts in ancient Iran, Greece, and Rome, before entering its crucial Christian phase in the Middle Ages. Centering on the Renaissance and Marsilio Ficino - whose work on magic was the most influential account written in premodern times - this groundbreaking book treats magic as a classical tradition with foundations that were distinctly philosophical. Besides Ficino, the premodern story of magic also features Plotinus, Iamblichus, Proclus, Aquinas, Agrippa, Pomponazzi, Porta, Bruno, Campanella, (...) Descartes, Boyle, Leibniz, and Newton, to name only a few of the prominent thinkers discussed in this book. Because pictures play a key role in the story of magic, this book is richly illustrated. (shrink)

This study links corporate reputation, as measured byFortune magazine's Most Admired list, with firm financial performance. Seven measures of financial risk and return were collected for a sample of 149 firms from two time periods, 1981 and 1986. The mean score of four attributes from the 1993Fortune Most Admired list for the sample was then analyzed with the financial data through regression analysis. Two financial variables, Standard Deviation of the Market Return of the Firm and Return on Sales, explained between (...) 0.12 and 0.14 of subsequent reputation. The implication for management is that they can affect a firm's subsequent reputation by lowering financial risk and controlling costs. (shrink)

How might the social sciences best be employed in the study of law, especially in light of today's legal climate of anti-foundationalism? Realistic Socio-Legal Theory addresses this question thoroughly and precisely. Drawing upon philosophical pragmatism to construct an epistemological and methodological foundation, this book formulates a framework for a realistic approach to socio-legal theory. Brian Z. Tamanaha contrasts the strengths of his realistic approach with those of the major schools of socio-legal theory through application to many key issues in (...) the field. He explores the problematic state of socio-legal studies, the relationship between behavior and meaning, the notion of legal ideology, the nature of the concept of law, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. Tamanaha's discussion is always clear and concise as he articulates a social theory of law that draws equally from legal theory and socio-legal studies. His book has much to offer those interested in the gathering and organization of knowledge about law and legal phenomena. (shrink)

The old adage has two people out hiking who run into a bear. One starts running while the other asks ‘why are you running? You can’t outrun a bear’. To which the other responds, ‘I don’t have to outrun the bear. I only have to outrun you’. Hiking/trekking is not typically a competitive endeavor characterized by contests but, like many endeavors/pursuits/activities, competition can be injected into it; thereby sportifying it. Swimming is a sport (under certain conditions). At the same time, (...) it is also a recreational activity and a form of physical exercise; likewise angling/fishing, climbing, cross-country skiing, mountain biking, kayaking, rowing, surfing, et al. The categorization of many activities under the umbrella of sport has it uses to understand the wider concept of what is sport, but the purpose of why one engages in ‘physical activities taking place in a natural environment’ can sometimes be more important than whether some activities might or might not qualify to be classified under the rubric of sports at all. Indicators exist to show whether participants are actually engaged toward—driven in a way, even—to further their skills in their focused activity (if it is a focused activity at all!––i.e. a ‘serious leisure’ pursuit or just a recreational hobby). From this perspective (of looking at sport-like and sporting activities in other than Olympic-style forms) this paper explores the differentiations between sport (including nature sport) contests, nature challenge activities (NCAs) and outdoor recreation from the standpoint of the most relevant factors that distinguish them: rules, skill development, purpose for engaging in them. This paper also makes the case that differentiating participants in the above activities by purpose (as either nature challenge recreationalists or nature sport devotees) has utility; to better help research into people’s engagement in physical activities in natural environments. (shrink)

The foundational principles of representative democracy are under attack globally. What we desperately need are enlightened and persuasive public intellectuals who can help us see through the fog of our fear, anger, and disillusionment, to find our rational political commitments again. One of these public intellectuals is undoubtedly Yuval Noah Harari, the bestselling author of three recent books – Sapiens, Homo Deus, and 21 Lessons for the 21st Century. Harari is also a frequent contributor in the popular press, and a (...) guest on shows, podcasts, panels, and as a keynote speaker. Add to all this that Harari is acting on his lofty academic ideals through ‘Sapienship’, a multidisciplinary organization he cofounded that advocates for global responsibility, clarifies the global conversation, and focuses attention on the most important global challenges. I single out Harari because I presume many readers will be familiar with his work. He is certainly one of the fastest rising stars of public intellectualism. Unfortunately, his work is undercut by the philosophical positions he put forth in his first bestselling book, Sapiens. In this review/critique I wish to show that in order for Harari advance a coherent political or ideological argument, he must first shore up his philosophical commitments. (shrink)