The entrenchment of a bill of rights, and the consequent removal of the matters covered in the bill from the domain of the legislature, is commonly thought to constitute a transfer of power from the legislature to the courts. Yet the simple answer to this thought is that, strictly speaking, no such transfer takes place, for in acquiring power to determine the content of a bill of rights the courts do not acquire the power to legislate that the bill denies (...) to the legislature. The more complex response is that what the courts acquire when a bill of rights is entrenched is the power to set a constitutional agenda, a power that the legislature may never have had and so has not necessarily lost, a power the political significance of which depends on the form and content of what is entrenched and the value and character of the power it leaves in the hands of the legislature. In particular, the entrenchment of a project of governance (as typified by the positive duties conventionally associated with economic and social rights) raises concerns about the power exercised by courts that are not raised by the entrenchment of a project of non-governance (as typified by the negative duties conventionally associated with civil and political liberties). Non-governance may be objectionable, but not because the courts secure it. Governance, however, may be objectionable just because the courts secure it. (shrink)

In Beyond Comparison: Sex and Discrimination Timothy Macklem addresses foundational issues in the long-running debate in legal, political and social theory about the nature of gender discrimination. He takes the highly original and controversial view that the heart of discrimination lies not in the unfavorable comparisons with the treatment and opportunities that men enjoy but rather in a denial of resources and opportunities that women need to lead successful and meaningful lives as women. Therefore, to understand what women (...) need we must first understand what it is to be a woman. By displaying an impressive command of the feminist literature as well as intellectual rigor, this work promises to be a milestone in the debate about gender equality and will interest students and professionals in the areas of legal theory and gender studies. (shrink)

The fundamental freedoms of speech, conscience, privacy, and religion are now an essential part of the fabric of contemporary society, set down in our most basic laws and regularly invoked in our political and cultural debates. These freedoms play a vital role in securing the spaces and opportunities within which people are able to pursue their own lives in their own ways. Independence of Mind takes this accepted thought a step further, by exploring the ways in which the fundamental freedoms (...) help us to achieve something even more profound, by enabling us to arrive at beliefs, convictions and voices of our own, so that we truly come to think, believe and speak for ourselves in the rich and various ways that the freedoms then protect. Privacy grants us the distance and refuge from others necessary to develop views of our own; freedom of speech calls on us to imagine ways of expressing ourselves that are both true to the views we have developed and innovative in their own right; freedom of conscience enables each of us to create a distinctive rational personality in which to embed the convictions that we wish to treat as non-negotiable; freedom of religion allows groups of us to endorse certain beliefs as articles of faith, free from the full demands of rational scrutiny. Much has been written about the political and legal implications of the fundamental freedoms and their entrenchment in bills of rights. This is the first book to undertake a comprehensive philosophical examination of their moral bases. It offers a penetrating analysis of what makes these particular freedoms matter to us in the ways that they do, and of the true significance of their entrenchment in law. (shrink)

How can law help build community? Don't people typically have good reason to pursue their own courses at the cost of life in common? This book goes beyond the familiar debates in jurisprudence, exploring the ways in which the rational appeal of law requires the support of other means of persuasion, most obviously enforcement, but also beguilement.

This paper explores the extent to which our assessment of how we ought to live, including how we ought to live under the guidance of law, is arrived at by engaging with our predicament in all its d...

ABSTRACT Justice has become the dominant currency in which we frame our aspirations for a better world. Yet is it adequate to the task? Why not be generous to others, rather than merely just? Why be so concerned with keeping score, when part of the point of keeping score is to ensure that one does not contribute more than one's due? One response, pressed particularly by feminists, is that we should be suspicious of alternatives to justice, precisely because they are (...) by their nature less than fully just. Yet this response risks begging the question. Another possibility is that justice is the currency of a distinctive, recognizably modern social order, and the institutions and practices that embody that order. Justice makes certain goods more possible, goods that we are steeped in, out of which we have built much of our lives, in which we have couched our sense of progress. By the same token, it makes other, more organic, more communal, more opaque goods, less accessible. That is the price we pay for justice. We have reason to pay it in many cases, to accept it in others. Yet we also have reason to regret justice, even as we embrace it. (shrink)

In this article we consider and cast doubt on two doctrines given prominence and prestige by the utilitarian tradition in ethics. According to the interest theory of value, value is realized only in the advancement of people's interests. According to the well-being theory of interests, people's interests are advanced only in the augmentation of their well-being. We argue that it is possible to resist these doctrines without abandoning the value-humanist doctrine that the value of anything has to be explained in (...) terms of its potential to contribute to human lives and their quality. (Published Online November 24 2006). (shrink)

Draft, not yet submitted for publication. Posted 12 February 2008.

Knowledge and its Limits presents a systematic new conception of knowledge as a kind of mental stage sensitive to the knower's environment. It makes a major contribution to the debate between externalist and internalist philosophies of mind, and breaks radically with the epistemological tradition of analyzing knowledge in terms of true belief. The theory casts new light on such philosophical problems as scepticism, evidence, probability and assertion, realism and anti-realism, and the limits of what can be known. The arguments are (...) illustrated by rigorous models based on epistemic logic and probability theory. The result is a new way of doing epistemology and a notable contribution to the philosophy of mind. (shrink)

This is not your psychoanalyst's unconscious.

Knepper criticizes existing efforts in the philosophy of religion for being out of step with, and therefore useless to, the academic study of religion, then forwards a new program for philosophy of religion that is in step with, and therefore useful to, the academic study of religion.

According to the Fragmentation Analysis, epistemic akrasia is a state of conflict between beliefs formed by the linguistic and non-linguistic belief-formation systems, and epistemic akrasia is irrational because it is a state of conflict between beliefs so formed. I argue that there are cases of higher-order epistemic akrasia, where both beliefs are formed by the linguistic belief-formation system. Because the Fragmentation Analysis cannot accommodate this possibility, the Fragmentation Analysis is incorrect. I consider three objections to the possibility of higher-order epistemic (...) akrasia. Along the way, I offer a revision of the Fragmentation Analysis that can allow for the possibility of higher-order akrasia while avoiding the problems I point out for the original view. (shrink)

Second-order logic and modal logic are both, separately, major topics of philosophical discussion. Although both have been criticized by Quine and others, increasingly many philosophers find their strictures uncompelling, and regard both branches of logic as valuable resources for the articulation and investigation of significant issues in logical metaphysics and elsewhere. One might therefore expect some combination of the two sorts of logic to constitute a natural and more comprehensive background logic for metaphysics. So it is somewhat surprising to find (...) that philosophical discussion of secondorder modal logic is almost totally absent, despite the pioneering contribution of Barcan. (shrink)

In this global introduction to philosophy of religion you begin not with a single tradition, but with religious philosophies from East Asia, South Asia, West Africa, and Native North America, alongside the classical Abrahamic and modern European traditions. Matching this diversity of traditions, chapters are organized around questions that acknowledge there is no single understanding of any god or ultimate reality. Instead you approach six different traditions of philosophizing about religion by asking questions about the journeys of both the self (...) and the cosmos such as "What is my path?" and "Where did the cosmos come from?" Accompanied by introductory materials and an extensive glossary, each chapter includes learning objectives, questions for discussion, and suggested primary and secondary sources. The categories of religion and philosophy are interrogated throughout. Equipped with study tools and universal questions about the self and the cosmos, Philosophies of Religion: A Global and Critical Introduction shows you how to philosophize about religions around the world. (shrink)

On method, discursive logics, and epistemology -- Questions of medieval discursive practice -- From the middle ages to the (w)hole of Utopia -- Kepler, his Dream, and the analysis and pattern of thought -- Campanella and Bacon: concerning structures of mind -- The masculine birth of time -- Cyrano and the experimental discourse -- The myth of sun and moon -- The difficulty of writing -- Crusoe rights his story -- Gulliver's critique of Euclid -- Emergence, consolidation, and dominance of (...) a discourse. (shrink)

Skeptical theism is a family of responses to the evidential problem of evil. What unifies this family is two general claims. First, that even if God were to exist, we shouldn’t expect to see God’s reasons for permitting the suffering we observe. Second, the previous claim entails the failure of a variety of arguments from evil against the existence of God. In this essay, we identify three particular articulations of skeptical theism—three different ways of “filling in” those two claims—and describes (...) their role in responding to evidential arguments of evil due to William Rowe and Paul Draper. But skeptical theism has been subject to a variety of criticisms, several of which raise interesting issues and puzzles not just in philosophy of religion but other areas of philosophy as well. Consequently, we discuss some of these criticisms, partly with an eye to bringing out the connections between skeptical theism and current topics in mainstream philosophy. Finally, we conclude by situating skeptical theism within our own distinctive methodology for evaluating world views, what we call “worldview theory versioning.”. (shrink)

The paper explores the main competing interpretations of Aristotle's view of the relation between happiness and external goods in the Nicomachean Ethics. On the basis of a careful analysis of what Aristotle says in the Nicomachean Ethics (and other works such as the Eudemian Ethics, Politics, Rhetoric, etc.) it is argued that it is likely that Aristotle takes at least some external goods to be actual constituents of happiness provided that (1) they are accompanied by virtuous activity and (2) the (...) agent enjoying and using those external goods does so in ways compatible with the continuous aim of acting virtuously. (shrink)

This is the first single volume to offer a comprehensive and systematic account of British and American aesthetics from the early eighteenth century to the late twentieth century.

Because biologists are concerned with life in all its forms, and physicians deal with life and death on a daily basis, it is crucial that they explicitly understand what life is. Nevertheless, a clear idea of what life means remains elusive, and there is no universally accepted definition. Therefore, we offer our own: Life is a self-contained, self-regulating, self-organizing, self-reproducing, interconnected, open thermodynamic network of component parts which performs work, existing in a complex regime which combines stability and adaptability in (...) the phase transition between order and chaos, as a plant, animal, fungus, or microbe. This definition describes life as we know it here on earth and .. (shrink)

The chapter argues that a model‐building methodology like that widespread in contemporary natural and social science already plays a significant role in philosophy. One neglected form of progress in philosophy over the past fifty years has been the development of better and better formal models of significant phenomena. Examples are given from both philosophy of language and epistemology. Philosophy can do still better in the future by applying model‐building methods more systematically and self‐consciously, with consequent readjustments to its methodology. Although (...) it is neither likely nor desirable for model‐building to become the sole or even main philosophical method, its use enhances the power and reliability of philosophical thinking. (shrink)

Jecker and colleagues open (2024) a critical and needed dialogue about the ethics of international conferencing. In particular, they focus on proposing a set of principles in selecting the location...

Things in common: an introduction -- Life -- Specters -- Subscendence -- Species -- Kindness.

This volume offers readers a unique and comprehensive overview of theoretical perspectives on "the sublime," the singular aesthetic response elicited by phenomena that move viewers by transcending and overwhelming them. The book consists of an editor's introduction and fifteen chapters written from a variety of disciplinary perspectives. Part One examines philosophical approaches advanced historically to account for the phenomenon, beginning with Longinus, moving through eighteenth and nineteenth century writers in Britain, France, and Germany, and concluding with developments in contemporary continental (...) philosophy. Part Two explores the sublime with respect to particular disciplines and areas of study, including Dutch literature, early modern America, the environment, religion, British Romanticism, the fine arts, and architecture. Each chapter is both accessible for nonspecialists and offers an original contribution to its respective field of inquiry. (shrink)

The philosophical relevance of experimental psychology is hard to dispute. Much more controversial is the so‐called negative program's critique of armchair philosophical methodology, in particular the reliance on ‘intuitions’ about thought experiments. This chapter responds to that critique. It argues that, since the negative program has been forced to extend the category of intuition to ordinary judgments about real‐life cases, the critique is in immediate danger of generating into global scepticism, because all human judgments turn out to depend on intuitions. (...) Recently, some proponents of the negative program have tried to demarcate the target of their critique more narrowly. However, their attempts are still far too indiscriminate, and over‐generate scepticism. Nevertheless, once experimental philosophy has refined its own methodology, it may contribute to the refinement of the methodology of mainstream philosophy, by filtering out the effects of cognitive bias, although it offers no prospect of doing without judgments on real or imaginary cases. (shrink)

The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights (...) as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field. (shrink)

Lewisian reference magnetism about linguistic content determination [Lewis 1983 has been defended in recent work by Weatherson [2003] and Sider [2009], among others. Two advantages claimed for the view are its capacity to make sense of systematic error in speakers' use of their words, and its capacity to distinguish between verbal and substantive disagreements. Our understanding of both error and disagreement is linked to the role of usage and first order intuitions in semantics and in linguistic theory more generally. I (...) argue, partially on the basis of these more general considerations, that reference magnetism delivers implausible results. Specifically, I argue that the proponent of reference magnetism maintains her analysis of genuinely systematic error at the cost of an empirically unjustifiable error theory regarding ordinary usage. In response, I describe an alternative view of content determination—MUMPS, or Meaning is Use Minus Pragmatics—which is not committed to such error theories. Despite this advantage, MUMPS has high prima facie costs. On such a view, there is a great deal of variation in linguistic meaning across speakers and times. As a result, a large number of seemingly mistaken claims are analysed as expressing true propositions. Correspondingly, a large number of seemingly substantive disagreements are analysed as terminological. However, I argue that these consequences are not as costly as they seem. Despite appearances, MUMPS is consistent with objective, metaphysically realist adjudication of disagreements, even in cases where meanings are not shared and where both parties to a dispute speak truly. MUMPS thus allows for a more nuanced understanding of linguistic usage, change, and variation, without imposing a commitment to any form of metaphysical anti-realism. (shrink)

The general process view of learning, which guided research into learning for the first half of this century, has come under attack in recent years from several quarters. One form of criticism has come from proponents of the so-called biological boundaries approach to learning. These theorists have presented a variety of data showing that supposedly general laws of learning may in fact be limited in their applicability to different species and learning tasks, and they argue that the limitations are drawn (...) by the nature of each species' adaptation to the particular requirements of its natural environment. The biological boundaries approach has served an important critical function in the move away from general process learning theory, but it is limited in its ability to provide an alternative to the general process approach. In particular, the biological boundaries approach lacks generality, it is in some respects subservient to the general process tradition, and its ecological content is in too many cases limited toex post factoadaptive explanations of learning skills. A contrasting, ecological approach to learning, which can provide a true alternative to general process theory, is presented. The ecological approach begins by providing an ecological task description for naturally occurring instances of learning; this step answers the question:Whatdoes this animal learn to do? The next step is an analysis of the means by which learning occurs in the course of development, answering the question:Howdoes the animal learn to do this? On the basis of such analyses, local principles of adaptation are formulated to account for the learning abilities of individual species. More global principles are sought by generalization among these local principles and may form the basis for a general ecological theory of learning. (shrink)

Operational epistemology is, to a first approximation, the attempt to provide cognitive rules such that one is in principle always in a position to know whether one is complying with them. In Knowledge and its Limits, I argue that the only such rules are trivial ones. In this paper, I generalize the argument in several ways to more thoroughly probabilistic settings, in order to show that it does not merely demonstrate some oddity of the folk epistemological conception of knowledge. Some (...) of the generalizations involve a formal semantic framework for treating epistemic probabilities of epistemic probabilities and expectations of expectations. The upshot is that operational epistemology cannot work, and that knowledge-based epistemology has the right characteristics to avoid its problems. (shrink)

This book explores the relation between agape (or Christian charity) and social justice. Timothy Jackson defines agape as the central virtue in Christian ethical thought and action and applies his insights to three concrete issues: political violence, forgiveness, and abortion. Taking his primary cue from the New Testament while drawing extensively from contemporary theology and philosophy, Jackson identifies three features of Christian charity: unconditional commitment to the good of others, equal regard for others' well-being, and passionate service open to (...) self-sacrifice for the sake of others. Charity, prescribed by Jesus for his disciples and named by Saint Paul as the "greatest" theological virtue, is contrasted with various accounts of justice. Jackson argues that agape is not trumped by justice or other goods. Rather, agape precedes justice: without the work of love, society would not produce persons capable of merit, demerit, and contract, the elements of most modern conceptions of justice. Jackson then considers the implications of his ideas for several questions: the nature of God, the relation between Christian love and political violence, the place of forgiveness, and the morality of abortion. Arguing that agapic love is to be construed as a gift of grace as well as a divine commandment, Jackson concludes that love is the "eternal life" that makes temporal existence possible and thus the "first" Christian virtue. Though foremost a contribution to Christian ethics, Jackson's arguments and the issues he takes up will find a broader readership. (shrink)

The range of topics in this volume covers a multitude of historical periods and topics, which in turn figure in the new media environments of contemporary life. These include discussions of the Aristotelian and classical models of a "good life" that inform animated fairy tales today, 1930s French and Hollywood films which respond to the dire need for productive human relationships in a turbulent decade, the polemical positions of black film criticism through the lens of James Baldwin's work, a discussion (...) of contemporary filmic quests for happiness, the challenges for women filmmakers today in mapping the values of their own world, landscapes of austerity and poverty in the cinematic homelands today, the scientific, psychological, and philosophical base for human value, and the shifting media frames of modern society and selves. (shrink)

Through both an historical and philosophical analysis of the concept of possibility, we show how including both potentiality and actuality as part of the real is both compatible with experience and contributes to solving key problems of fundamental process and emergence. The book is organized into four main sections that incorporate our routes to potentiality: potentiality in modern science [history and philosophy; quantum physics and complexity]; Relational Realism [ontological interpretation of quantum physics; philosophy and logic]; Process Physics [ontological interpretation of (...) relativity theory; physics and philosophy]; on speculative philosophy and physics [limitations and approximations; process philosophy]. We conclude that certain fundamental problems in modern physics require complementary analyses of certain philosophical and metaphysical issues, and that such scholarship reveals intrinsic features and limits of determinism, potentiality and emergence that enable, among others, important progress on the quantum theory of measurement problem and new understandings of emergence. (shrink)

This book concerns the foundations of epistemic modality and hyperintensionality and their applications to the philosophy of mathematics. I examine the nature of epistemic modality, when the modal operator is interpreted as concerning both apriority and conceivability, as well as states of knowledge and belief. The book demonstrates how epistemic modality and hyperintensionality relate to the computational theory of mind; metaphysical modality and hyperintensionality; the types of mathematical modality and hyperintensionality; to the epistemic status of large cardinal axioms, undecidable propositions, (...) and abstraction principles in the philosophy of mathematics; to the modal and hyperintensional profiles of the logic of rational intuition; and to the types of intention, when the latter is interpreted as a hyperintensional mental state. Chapter 2 argues for a novel type of expressivism based on the duality between the categories of coalgebras and algebras, and argues that the duality permits of the reconciliation between modal cognitivism and modal expressivism. I also develop a novel topic-sensitive truthmaker semantics for dynamic epistemic logic, and develop a novel dynamic epistemic two-dimensional hyperintensional semantics. Chapter 3 provides an abstraction principle for epistemic (hyper-)intensions. Chapter 4 advances a topic-sensitive two-dimensional truthmaker semantics, and provides three novel interpretations of the framework along with the epistemic and metasemantic. Chapter 5 applies the fixed points of the modal μ-calculus in order to account for the iteration of epistemic states in a single agent, by contrast to availing of modal axiom 4 (i.e. the KK principle). The fixed point operators in the modal μ-calculus are rendered hyperintensional, which yields the first hyperintensional construal of the modal μ-calculus in the literature and the first application of the calculus to the iteration of epistemic states in a single agent instead of the common knowledge of a group of agents. Chapter 6 advances a solution to the Julius Caesar problem based on Fine's `criterial' identity conditions which incorporate conditions on essentiality and grounding. Chapter 7 provides a ground-theoretic regimentation of the proposals in the metaphysics of consciousness and examines its bearing on the two-dimensional conceivability argument against physicalism. The topic-sensitive epistemic two-dimensional truthmaker semantics developed in chapters 2 and 4 are availed of in order for epistemic states to be a guide to metaphysical states in the hyperintensional setting. -/- Chapters 8-12 provide cases demonstrating how the two-dimensional hyperintensions of hyperintensional, i.e. topic-sensitive epistemic two-dimensional truthmaker, semantics, solve the access problem in the epistemology of mathematics. Chapter 8 examines the interaction between my hyperintensional semantics and the axioms of epistemic set theory, large cardinal axioms, the Epistemic Church-Turing Thesis, the modal axioms governing the modal profile of Ω-logic, Orey sentences such as the Generalized Continuum Hypothesis, and absolute decidability. These results yield inter alia the first hyperintensional Epistemic Church-Turing Thesis and hyperintensional epistemic set theories in the literature. Chapter 9 examines the modal and hyperintensional commitments of abstractionism, in particular necessitism, and epistemic hyperintensionality, epistemic utility theory, and the epistemology of abstraction. I countenance a hyperintensional semantics for novel epistemic abstractionist modalities. I suggest, too, that observational type theory can be applied to first-order abstraction principles in order to make first-order abstraction principles recursively enumerable, i.e. Turing machine computable, and that the truth of the first-order abstraction principle for hyperintensions is grounded in its being possibly recursively enumerable and the machine being physically implementable. Chapter 10 examines the philosophical significance of hyperintensional Ω-logic in set theory and discusses the hyperintensionality of metamathematics. Chapter 11 provides a modal logic for rational intuition and provides a hyperintensional semantics. Chapter 12 avails of modal coalgebras to interpret the defining properties of indefinite extensibility, and avails of hyperintensional epistemic two-dimensional semantics in order to account for the interaction between the interpretational and objective modalities and truthmakers thereof. This yields the first hyperintensional category theory in the literature. I invent a new mathematical trick in which first order structures are treated as categories, and Vopenka's principle can be satisfied because of the elementary embeddings between the categories and generate Vopenka cardinals while bypassing the category of Set in category theory. Chapter 13 examines modal responses to the alethic paradoxes. Chapter 14 examines, finally, the modal and hyperintensional semantics for the different types of intention and the relation of the latter to evidential decision theory. (shrink)