Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner and others, which regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived (...) from the innate human capacity to recognize the general in the particular, on which thought itself depends. The use of analogical reasoning is dictated by the nature of law, which requires the application of rules to particular facts. Written for scholars as well as students and persons generally who are interested in law, Legal Reason is written in clear, accessible prose, with many examples drawn from the law and from everyday experience. (shrink)

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition (...) from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally. (shrink)

The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is (...) the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right. (shrink)

The editors of the JRE solicited short essays on the COVID‐19 pandemic from a group of scholars of religious ethics that reflected on how the field might help them make sense of the complex religious, cultural, ethical, and political implications of the pandemic, and on how the pandemic might shape the future of religious ethics.

There are different groups in society who may be considered vulnerable, for example those experiencing mental or physical health issues, learning disabilities, prisoners or children. There are, however, other groups in society who may also be regarded as vulnerable, such as those who are bereaved. Vulnerability in relation to the bereaved occurs as a result of experiencing a normal life event, death or a loss. In this situation vulnerability may be transient and, depending upon the management of the bereavement, generally (...) temporary. Unlike the aforementioned groups, participants required for this type of research (bereavement, death and dying) are able to consent themselves into projects, and the capacity to do so is not an issue. Undertaking research with those who may be considered vulnerable into sensitive, emotive topics such as death and dying can create difficulties for the National Research Ethics Service (NRES), making it difficult to get approval for such studies. It appears that the ethical issues are concerned with not wishing to cause distress to participants when asked for research purposes to recollect what for some may have been emotionally challenging and traumatic events. The article offers a narrative, reflective account of the above from several perspectives: being employed as a contract researcher in a university; having experience of being an active member of a National Health Service Research Ethics Committee; and later assuming the role of full-time postgraduate (PhD) student requiring ethical approval to undertake research with what may be considered a vulnerable group involving a sensitive and emotive topic. Valuable insights from participants – their views on participation in an emotive research project and good practice in research having been explored via questionnaire – are highlighted and discussed. (shrink)

The Symposia Aristotelica were inaugurated at Oxford in 1957. They are conferences of select groups of Aristotelian scholars from the UK, USA and Europe, and are held every three years. In 1975 the meeting was held in Cambridge and was devoted to Aristotle's psychological treatises, the De anima and the Parva uaturalia. The members of the conference discussed some of the much debated problems of Aristotle's psychology and broached important new topics such as his ideas on imagination. Dr Lloyd (...) and Professor Owen have collected and edited the papers presented to the Symposium and provided an analytical index. (shrink)

The Symposia Aristotelica were inaugurated at Oxford in 1957. They are conferences of select groups of Aristotelian scholars from the UK, USA and Europe, and are held every three years. In 1975 the meeting was held in Cambridge and was devoted to Aristotle's psychological treatises, the De anima and the Parva uaturalia. The members of the conference discussed some of the much debated problems of Aristotle's psychology and broached important new topics such as his ideas on imagination. Dr Lloyd (...) and Professor Owen have collected and edited the papers presented to the Symposium and provided an analytical index. (shrink)

Internet recruitment methods for research are rapidly evolving as technology and participant preferences do as well. This brings data security concerns, balanced with respect to persons for research participants. Internet recruitment research strategies are still important given the importance of creating private and accessible pathways for potentially marginalized populations or people experiencing stigmatized mental health conditions to participate in research. This manuscript describes the case of social media recruitment for a mental health and racism study in Fall 2022 that was (...) infiltrated by bots. We contextualize it in the context of data quality literature, with considerations for future directions including strategies for study design and management, and further research questions. (shrink)

The nature and legitimacy of commitments. Objectivity vs. commitment, by H. Smith. Institutional commitment: a social scientist's view, by H. R. Davis. The sectarian nature of liberal education, by L. J. Averill. The identity of the Christian college, by W. W. Jellema.--Commitments and the dimensions of learning. Discursive truth and evangelical truth, by A. C. Outler. Natural order and transcendent order, by W. G. Pollard. Limited cognition and ultimate cognition, by R. W. Friedrichs. Academic teaching and human experience, by M. (...) Novak. Academic excellence and moral value, by W. W. Jellema.--Norms and models of commitment. Biblical realism as a norm, by W. Herberg. Christian ethical community as a norm, by W. Beach. A pluralistic model, by W. B. Martin. A singular model, by L. J. Averill. (shrink)

Behavior, language, development, identity, and science—all of these phenomena are commonly characterized as 'social' in nature. But what does it mean to be 'social'? Is there any intrinsic 'mark' of the social shared by these phenomena? In the first book to shed light on this foundational question, twelve distinguished philosophers and social scientists from several disciplines debate the mark of the social. Their varied answers will be of interest to sociologists, anthropologists, philosophers, psychologists, and anyone interested in the theoretical foundations (...) of the social sciences. (shrink)

‘Real’ and ‘really’ are deflated and minimalized in parallel to the minimalist and de-flationary treatment of truth. J.L. Austin's insightful comment that with ‘real’: ‘The negative wears the trousers’ is elucidated and developed. There follows a discussion of the bearing of the point on Plato's claims about knowledge, belief and ignorance. It is maintained that it is implausible to hope that acquaintance with a Form for various Fs is going to provide complete knowledge of the wardrobe of Austinian trousers, especially (...) inasmuch as that wardrobe grows and changes with the vicissitudes of socio-industrial-commercial-technological life. (shrink)

Given a 1-ary sentence operator , we describe L - another 1-ary operator - as as a left inverse of in a given logic if in that logic every formula is provably equivalent to L. Similarly R is a right inverse of if is always provably equivalent to R. We investigate the behaviour of left and right inverses for taken as the operator of various normal modal logics, paying particular attention to the conditions under which these logics are conservatively extended (...) by the addition of such inverses, as well as to the question of when, in such extensions, the inverses behave as normal modal operators in their own right. (shrink)

By a consequence relation on a set L of formulas we understand a relation I — c p(L) x L satisfying the conditions called 'Overlap', 'Dilution', and 'Cut for Sets' at p.15 of [25]; we do not repeat the conditions here since we are simply fixing notation and the concept of a consequence relation is well known in any case. (The characterization in [25] amounts to that familiar from Tarski's work, except that there is no 'finitariness' restriction to the effect (...) that when I I — A, for I c L, A c L, we must have I o I — A for some finite I o c I . The presence or absence of this condition makes no difference to anything that follows.) Each language L to be considered will be a sentential language whose formulas are built in the usual way by application of it-ary (primitive) connectives to it simpler formulas, starting with the simplest formulas — the propositional variables (or 'sentence letters') — not constructed with the aid of connectives. We assume, as usual, that there are countably many such variables, and they will be denoted by p, q, r, ... possibly with numerical subscripts. A consequence relation I- on such an L has the Unrestricted Interpolation Property when for any A, C c L with A I — C, there exists B c L with A I — B and B I — C, such that C is constructed only out of such propositional variables as occur both in A and in C. (Such a B is called an interpolant for A and C.) Note that we take the usual notational liberties here, writing "A I — C" (and the like) for "iAi I — C", "I, A I — C" to mean "I u iAi I — C", and "I — C" to mean "8 I — C". Further, we sometimes abbreviate the claim that A I — B and B I — C to "A I — B I — C", and when C is A itself, we always write this simply as "A — II— B".. (shrink)

In primo luogo l'A. distingue fra autoevidenza, autoriflessività e introspezione. Esamina poi il tema dell'auto-riflessività in Platone, Aristotele, Plotino e Proclo. Nell'ultima parte dello studio illustra il tema nel pensiero di Agostino - distinguendo l'auto-riflessività dall'argomento si fallor sum - nello Pseudo Dionigi - soffermandosi sul commento dell'Aquinate al passaggio del De divinis nominibus sul movimento circolare dell'anima - e infine nella versione latina del Liber de causis.

This book discusses how Plato, one the fiercest legal critics in ancient Greece, became – in the longue durée – its most influential legislator. Making use of a vast scholarly literature, and offering original readings of a number of dialogues, it argues that the need for legal critique and the desire for legal permanence set the long arc of Plato’s corpus—from the Apology to the Laws. Modern philosophers and legal historians have tended to overlook the fact that Plato was the (...) most prolific legislator in ancient Greece. In the pages of his Republic and Laws, he drafted more than 700 statutes. This is more legal material than can be credited to the archetypal Greek legislators—Lycurgus, Draco, and Solon. The status of Plato’s laws is unique, since he composed them for purely hypothetical cities. And remarkably, he introduced this new genre by writing hard-hitting critiques of the Greek ideal of the sovereignty of law. Writing in the milieu in which immutable divine law vied for the first time with volatile democratic law, Plato rejected both sources of law, and sought to derive his laws from what he called ‘political technique’. At the core of this technique is the question of how the idea of justice relates to legal and institutional change. Filled with sharp observations and bold claims, Platonic Legislations shows that it is possible to see Plato—and our own legal culture—in a new light “In this provocative, intelligent, and elegant work D. L. Dusenbury has posed crucial questions not only as regards Plato’s thought in the making, but also as regards our contemporaneity.”—Giorgio Camassa, University of Udine “There is a tension in Greek law, and in Greek legal thinking, between an understanding of law as unchangeable and authoritative, and a recognition that formal rules are often insufficient for the interpretation of reality, and need to be constantly revised to match it. Dusenbury’s book illuminates the sophistication of Plato’s legal thought in its engagement with this tension, and explores the potential of Plato’s reflection for modern legal theory.”—Mirko Canevaro, The University of Edinburgh. (shrink)